1964_IMMIGRATION_(VIETNAMESE_BOAT_PEOPLE)_(DETENTION_CENTRES)_RULES — Page 11

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Immigration (Vietnamese Boat People) (Detention Centres) Rules

[CAP. 115

M 11

[Subsidiary]

(g) commits any nuisance;

(h) without the permission of the Superintendent-

(i) has in his possession; or

(ii) attempts to obtain possession of,

any article for the possession of which the permission of the Superintendent is required;

(i) escapes from the detention centre or from legal custody, or aids or endeavours to aid the escape of any detainee, whether the escape is actually effected or not;

(j) in any way offends good order and discipline;

(k) makes a false and malicious allegation;

(l) makes repeated groundless complaints.

36. Warning and records

The Superintendent may give warning to a detainee who has committed an offence against discipline and such warning shall be kept in record.

37. Punishments which may be imposed by Superintendent

(1) The Superintendent may order a detainee, who commits any offence against discipline, to be punished by either or both of the following punishments

(a) separate confinement for any period not exceeding 28 days;

(b) forfeiture of privileges for a period not exceeding 3 months.

(2) Any detainee who considers himself aggrieved by any order made by the Superintendent under this rule may, within 48 hours after the issue of such order, notify the Superintendent that he wishes to appeal to the Authority against such order, and the Superintendent shall forthwith notify the Authority accordingly and shall stay execution of the order pending the hearing of the appeal.

(3) Upon hearing the appeal, whether made by the detainee in person or in writing, the Authority shall determine the appeal and may cancel, vary or confirm the order against which the appeal is made or may substitute therefor any other order which the Superintendent was competent to make under subrule (1).

38. Use of force

(1) No officer in dealing with detainees shall use force unnecessarily and, when the application of force to a detainee is necessary, no more force than is necessary shall be used.

(2) No officer shall deliberately act in a manner calculated to provoke a detainee.

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(ii) attempts to obtain possession of,any article for the possession of which the permission of the Superintendent is required;(i) escapes from the detention centre or from legal custody, or aids or endeavours to aid the escape of any detainee, whether the escape is actually effected or not;(j) in any way offends good order and discipline;(k) makes a false and malicious allegation;(l) makes repeated groundless complaints.36. Warning and recordsThe Superintendent may give warning to a detainee who has committed an offence against discipline and such warning shall be kept in record.37. Punishments which may be imposed by Superintendent(1) The Superintendent may order a detainee, who commits any offence against discipline, to be punished by either or both of the following punishments(a) separate confinement for any period not exceeding 28 days;(b) forfeiture of privileges for a period not exceeding 3 months.(2) Any detainee who considers himself aggrieved by any order made by the Superintendent under this rule may, within 48 hours after the issue of such order, notify the Superintendent that he wishes to appeal to the Authority against such order, and the Superintendent shall forthwith notify the Authority accordingly and shall stay execution of the order pending the hearing of the appeal.(3) Upon hearing the appeal, whether made by the detainee in person or in writing, the Authority shall determine the appeal and may cancel, vary or confirm the order against which the appeal is made or may substitute therefor any other order which the Superintendent was competent to make under subrule (1).38. Use of force(1) No officer in dealing with detainees shall use force unnecessarily and, when the application of force to a detainee is necessary, no more force than is necessary shall be used.
Baseline (Original)
(ii) attempts to obtain possession of,any article for the possession of which the permission of the Superintendent is required;(i) escapes from the detention centre or from legal custody, or aids or endeavours to aid the escape of any detainee, whether the escape is actually effected or not;(j) in any way offends good order and discipline;(k) makes a false and malicious allegation;(1) makes repeated groundless complaints.36. Warning and recordsThe Superintendent may give warning to a detainee who has committed an offence against discipline and such warning shall be kept in record.37. Punishments which may be imposed by Superintendent(1) The Superintendent may order a detainee, who commits any offence against discipline, to be punished by either or both of the following punish-ments(a) separate confinement for any period not exceeding 28 days;(b) forfeiture of privileges for a period not exceeding 3 months.(2) Any detainee who considers himself aggrieved by any order made by the Superintendent under this rule may, within 48 hours after the issue of such order, notify the Superintendent that he wishes to appeal to the Authority against such order, and the Superintendent shall forthwith notify the Authority accordingly and shall stay execution of the order pending the hearing of the appeal.(3) Upon hearing the appeal, whether made by the detainee in person or in writing, the Authority shall determine the appeal and may cancel, vary or confirm the order against which the appeal is made or may substitute therefor any other order which the Superintendent was competent to make under subrule (1).38. Use of force(1) No officer in dealing with detainees shall use force unnecessarily and, when the application of force to a detainee is necessary, no more force than is necessary shall be used.
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1989 Ed.]

Immigration (Vietnamese Boat People) (Detention Centres) Rules

[CAP. 115

M 11

[Subsidiary]

(g) commits any nuisance;

(h) without the permission of the Superintendent-

(i) has in his possession; or

(ii) attempts to obtain possession of,

any article for the possession of which the permission of the Superintendent is required;

(i) escapes from the detention centre or from legal custody, or aids or endeavours to aid the escape of any detainee, whether the escape is actually effected or not;

(j) in any way offends good order and discipline; (k) makes a false and malicious allegation;

(1) makes repeated groundless complaints.

36. Warning and records

The Superintendent may give warning to a detainee who has committed an offence against discipline and such warning shall be kept in record.

37. Punishments which may be imposed by Superintendent

(1) The Superintendent may order a detainee, who commits any offence against discipline, to be punished by either or both of the following punish-

ments

(a) separate confinement for any period not exceeding 28 days; (b) forfeiture of privileges for a period not exceeding 3 months. (2) Any detainee who considers himself aggrieved by any order made by the Superintendent under this rule may, within 48 hours after the issue of such order, notify the Superintendent that he wishes to appeal to the Authority against such order, and the Superintendent shall forthwith notify the Authority accordingly and shall stay execution of the order pending the hearing of the appeal.

(3) Upon hearing the appeal, whether made by the detainee in person or in writing, the Authority shall determine the appeal and may cancel, vary or confirm the order against which the appeal is made or may substitute therefor any other order which the Superintendent was competent to make under subrule (1).

38. Use of force

(1) No officer in dealing with detainees shall use force unnecessarily and, when the application of force to a detainee is necessary, no more force than is necessary shall be used.

(2) No officer shall deliberately act in a manner calculated to provoke a detainee.

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