TNAG-1183-FCO40-1485-Resettlement-of-Vietnamese-refugees-from-Hong-Kong-into-the--1982 — Page 63

FCO40 Hong Kong Department Records 聯邦事務部香港部檔案 All

Visits.

Removal of

detainee to hospital etc.

Prohibition of use of mechanical restraints.

Temporary continenient.

Duty to report

L

fences against

d. cipline.

L.N. 263/82

L. S. NO. 2 TO GAZETTE NO. 27/1982

(3) Every letter sent by or intended for a detainee may be opened and its contents examined by the Superintendent or some person appointed by him for the purpose.

27. Every detainee shall, subject to the orders of the Superintendent, be permitted to be visited by such persons and in such manner as may be prescribed by the Commissioner.

28. (1) Where the Superintendent is satisfied that any detainee requires medical, surgical or dental treatment such detainee may be removed by or under the direction of the Superintendent to a hospital or other suitable place for the purpose of treatment and may in like manner be taken back to the centre.

(2) In any such case the detainee shall be deemed to continue to be in the legal custody of the Superintendent while he is absent from the centre.

29. (1) Mechanical restraints shall not be used as a punishment or for any purpose except-

(a) to prevent a detainee from injuring himself or others, or

damaging property, or creating a disturbance; or

(b) to ensure the safe custody of a detainee during removal from

a centre, when handcuffs may be used:

Provided that they may be used under the instructions of the Medical Officer.

(2) When it appears to the Superintendent that it is necessary to place a detainee under mechanical restraint for any of the reasons specified in paragraph (1)(a), the Superintendent may order him to be so placed, and notice thereof shall forthwith be given to one of the visiting justices and to the Medical Officer.

(3) The Medical Officer on receipt of such notice shall forthwith inform the Superintendent whether he concurs in the order, and if he does not, the Superintendent shall act in accordance with any recom- mendations which he makes.

(4) No detainee shall be kept under mechanical restraint longer than is necessary, or for a longer period than 24 hours unless upon the written order of one of the visiting justices. Such order shall specify the cause thereof and the time during which the detainee is to be so kept, and shall be preserved by the Superintendent as his warrant,

(5) Particulars of every case of mechanical restraint shall be forth- with entered by the Superintendent in his journal.

(6) No mechanical means of restraint shall be used except of such patterns and in such manner and under such conditions as may be approved by the Commissioner.

30. The Superintendent may order any refractory or violent de- tainee to be temporarily confined in a cell or room.

DISCIPLINE AND CONTROL OF DETAINEES

31. All offences against discipline shall be reported to the Super- intendent and it shall be the duty of the Superintendent to investigate such reports as soon as reasonably practicable.

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