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25.
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(c) whether any tests have been conducted regarding possible harmful effects of tear gas on human beings, particularly when used in confined areas; if so, what the results are?
Reply:
Mr President.
Between 1991 and 1995, the Police used CS ((-chloro- benzylidenemalononitrile) gas on 25 occasions to maintain order in Vietnamese migrant detention centres (five times), to prevent smugglers escaping in "Tai Fei" or "Chung Fei" (17 times), to arrest armed or violent criminals (twice), and to deal with a civil disorder (once). From 1991 to 1995, the Correctional Services Department have used CS gas on 15 occasions in the Whitehead, High Island and Nei Ku Detention Centres to restore order during disturbances or during camp transfer operations. The quantity of CS gas used on each occasion varied from one round to over 3,800 rounds of CS cartridges and grenades.
The use of CS gas is subject to the general principle of use of minimum force in achieving specific objectives. This principle is provided in, e.g., Rule 38 of the Immigration (Vietnamese Migrants) (Detention Centres) Rules, Rule 238 of the Prisons Rules and the relevant internal guidelines on the use of force of the Police Force. In essence, these provide for the following:
(a) only the minimum level of force should be applied:
(b) the use of force is to restore order quickly;
(c) whenever possible, warning will be given;
(d) force will not be used as a punitive measure;
(e) force will cease immediately the objective has been achieved;
(f) the degree of force permissible is determined by the senior officer present;
and
(g) the decision to use CS gas within buildings, if required, rests with the senior off
present.