Despite these high numbers, little is known about the workings of the immigration detention system.
入境羈留指的是 practice of detaining persons suspected of violating immigration rules and regulations in closed government facilities.
在香港，入境羈留是 行政拘留 detention. The decision to deprive an individual of liberty for reasons related to their immigration status is made by government officials, not courts.
Hong Kong’s two main immigration detention facilities are Castle Peak Bay Immigration Centre and Ma Tau Kok Detention Centre. Immigration detainees can also be held in prisons, police institutions, border facilities, and more. Anecdotal accounts indicate that individuals are detained anywhere between a few hours and a few years. However, public information about the immigration detention system is very scarce.
If someone is accused of committing a crime, the criminal charges against them ordinarily have to be proved beyond reasonable doubt by the prosecution in a court of law. A court decides whether and for how long an individual convicted of a crime should be sent to prison. By contrast, an immigration detainee loses their liberty without the check and balance of judicial scrutiny.
The use of immigration detention has expanded significantly in many parts of the world over the past twenty years. Experience in the United States, Europe, Australia, and Asia indicates that many detention systems suffer from procedural unfairness and poor access to legal advice.
Comparative research shows that immigration detainees often endure harsh living conditions, and 對他們在醫療、教育、工作和正當程序保護上的權利被侵犯。. Separation from family, long waits for decisions, custodial neglect, and past trauma and violence all take a toll on mental health.
This project is a 3-year project at the Faculty of Law within the Chinese University of Hong Kong to evaluate the immigration detention system in Hong Kong in relation to vulnerable migrants. We aim to generate policy-oriented analysis that can help to improve the system and protect the rights and welfare of detainees and their families.
- Justice Centre Hong Kong
- Branches of Hope
- Hong Kong Dignity Institute
- The Hong Kong Society for Asylum-Seekers and Refugees 香港尋求庇護者及難民協會
- HELP For Domestic Workers
- CIC Detainees’ Rights Concern Group
- Equal Justice