Chapter:
115H
IMMIGRATION (VIETNAMESE REFUGEE CENTRES) Gazette Number Version Date
(OPEN CENTRE) RULES
30/06/1997
Empowering section
(Cap 115, section 13C(2))
[12 June 1981]
(Originally L.N. 182 of 1981)
Part:
I
INTRODUCTORY
30/06/1997
Rule:
1
Citation
30/06/1997
These rules may be cited as the Immigration (Vietnamese Refugee Centres) (Open Centre) Rules.
Rule:
2
Application
30/06/1997
These rules apply to the Vietnamese Refugee Centres specified in the Schedule.
Rule:
3
Interpretation
30/06/1997
In these rules, unless the context otherwise requires"centre" (中心) means a Vietnamese Refugee Centre to which these rules apply;
"centre clinic" (中心診所) means the medical clinic allocated to a centre for the purpose of treating residents of that
centre;
"centre co-operative store" (中心合作店) means a co-operative store established in a centre with the approval of the
centre manager;
"centre manager" ( 中心經理 ) means the person appointed to manage a centre by the authority or organization
responsible for the management of the centre;
"centre pass" (中心通行證) means a pass issued under rule 4 and includes a replacement centre pass;
"dormitory building" (宿舍) includes all parts of a building which are set aside for sleeping purposes;
"resident" ( 居 民 ) includes any Vietnamese refugee who has been given notice to reside in a centre and has
subsequently been given permission under rule 32 to live outside that centre.
Part:
II
ACCESS TO CENTRES
30/06/1997
Rule:
4
Centre passes
30/06/1997
(1) A centre manager may issue a centre pass to a resident of that centre.
(2) A centre manager may issue a replacement centre pass to a resident whose centre pass is lost, defaced or
damaged upon payment of a fee of $40. (L.N. 185 of 1991)
(3) A centre manager may in his absolute discretion withdraw a centre pass at any time and he shall not be
required to give any reason for such withdrawal.
Rule:
5
Inspection of pass
30/06/1997
On entering or leaving a centre, a resident shall produce either his centre pass or his Vietnamese refugee card for
inspection by the guard on duty at the gate.
Cap 115H - IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES
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(L.N. 75 of 1996)
Rule:
6
Children under 12 years to be accompanied
30/06/1997
A child under the age of 12 years who is a resident shall not leave a centre unless he is accompanied by a person
authorized by the centre manager.
Rule:
7
Centre to close at midnight
30/06/1997
No resident, unless he has permission in writing from the centre manager, may enter or leave a centre between
midnight and 6 a.m.
Rule:
8
Visitor to have permission of centre manager
30/06/1997
No visitor may enter a centre without the permission of the centre manager.
Rule:
8A
Resident wishing to visit another centre to have written
permission
30/06/1997
(1) No resident may enter a centre other than that in which he resides without the permission of the manager of
that other centre.
(2) A resident shall obtain written permission to enter a centre other than that in which he resides by applying
for such to the manager of the centre in which he resides.
(L.N. 92 of 1983)
Rule:
9
Loss etc., of card to be reported
30/06/1997
A resident shall report forthwith to the centre manager any loss or defacement of or damage to the centre pass
issued to the resident.
Rule:
10
Dealings in passes prohibited
30/06/1997
A resident shall not(a) use a centre pass issued to another person;
(b) permit another person to use the centre pass issued to the resident;
(c) deliberately deface or damage a centre pass; or
(d) permit another person to deface or damage the centre pass issued to the resident.
Part:
III
CONDUCT IN CENTRES
30/06/1997
Rule:
11
Resident to obey instructions
30/06/1997
A resident shall comply with any lawful and reasonable instruction of the centre manager.
Rule:
12
Cleaning, etc.
30/06/1997
A resident shall carry out cleaning and any other reasonable duties assigned to him by the centre manager.
Rule:
13
Inciting disobedience
30/06/1997
A resident shall not incite any person to disobey any lawful and reasonable instruction of the centre manager.
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Rule:
14
30/06/1997
No political activities
No person shall organize or participate in any political activity in the centre.
(L.N. 92 of 1983)
Rule:
15
Resident to occupy space allocated
30/06/1997
A resident shall not occupy any bed space other than that allocated to him by the centre manager.
Rule:
16
Restriction on commercial activities
30/06/1997
(1) Subject to paragraph (2), a resident shall not engage in commercial activities within the centre other than
assisting in the operation of the centre co-operative store.
(2) The centre manager may, where he is satisfied that commercial activity shall not interfere with the running
or good order of the centre and is otherwise permitted by law, by notice in writing permit a resident to undertake such
commercial activity as is specified in the notice.
Rule:
17
Employment
30/06/1997
(1) A resident shall report any employment undertaken by him to the centre manager.
(2) A resident who undertakes employment outside a centre shall give full details of his current place of
employment and a telephone number for the centre manager to contact him during his employment. (L.N. 92 of 1983)
Rule:
18
Complaints, etc.
30/06/1997
A resident may at any reasonable time approach the centre manager with any complaint or suggestion on any
problem which may affect the good order or discipline of the centre.
Rule:
19
Fighting
30/06/1997
No person shall(a) fight;
(b) incite another person to fight; or
(c) commit any assault,
in a centre.
Rule:
20
No noise after 11 p.m.
30/06/1997
A resident shall not make excessive or unnecessary noise inside the centre after 11 p.m. or before 6 a.m.
Rule:
21
No alcoholic drinks
30/06/1997
No person shall bring into or consume alcoholic wines or spirits in the centre.
Rule:
22
No gambling
30/06/1997
No person shall engage in any gambling in the centre.
Part:
IV
SAFETY
30/06/1997
Rule:
23
(Repealed L.N. 92 of 1983)
30/06/1997
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Rule:
24
Restriction on cooking
30/06/1997
No person shall cook food in any place other than the kitchen or other area designated by the centre manager as
a cooking area.
Rule:
25
No fires
30/06/1997
(1) Subject to paragraph (2), no person shall light or use fire for cooking or any other purpose.
(2) The centre manager may approve any area in which he considers it safe to do so as an area in which a fire
may be lit for cooking or any other specified purpose.
Rule:
26
Electrical appliances
30/06/1997
A resident shall comply with the reasonable instructions of the centre manager in respect of the use of any
electrical appliance.
Rule:
27
No alteration etc., to centre
30/06/1997
A resident shall not alter, dismantle, remove, tamper with or damage any fixture, fitting or other installation in
the centre.
Part:
V
HEALTH AND HYGIENE
30/06/1997
Rule:
28
Prohibition on selling food
30/06/1997
No person shall sell cooked or otherwise prepared food inside the centre otherwise than as a normal transaction
by the centre co-operative store.
Rule:
29
Disposal of refuse
30/06/1997
A resident shall dispose of refuse in the refuse bins or such other collection points as may be provided in the
centre.
Rule:
30
No spitting
30/06/1997
No person shall spit in a centre.
Rule:
31
Reporting sickness
30/06/1997
A resident shall, as soon as it is practicable to do so, report any sickness to the centre clinic.
Part:
VI
RESETTLEMENT
30/06/1997
Rule:
32
Restriction on living outside centre
30/06/1997
(1) A resident shall not live outside a centre unless he has the written permission of an Immigration Officer.
(2) It is a condition of any permission given under paragraph (1) that a Vietnamese refugee who is permitted to
reside in Hong Kong outside a centre shall inform an Immigration Officer and the centre manager of the centre in
which he had been residing at all times of his place of residence.
Cap 115H - IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES
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Rule:
33
Reporting on changes in family
30/06/1997
A resident shall, within 3 days of its occurrence, report to the centre manager any(a) birth;
(b) death; or
(c) marriage,
that occurs within his family residing in the centre.
Rule:
34
Resident to attend interviews, etc.
30/06/1997
A resident shall attend at the appointed time and place for all interviews, documentation procedures and medical
examinations as may be required by the centre manager, an official representing the United Nations High
Commissioner for Refugees, any official representing any other organization processing the resettlement of refugees
or any Immigration Officer.
(L.N. 92 of 1983)
Part:
VII
OFFENCES AND FINES
30/06/1997
Rule:
35
Offences
30/06/1997
(1) Any person other than a resident who breaches rule 8, 14, 19, 21, 22, 24, 25, 28 or 30 may be removed from
the centre by the centre manager or a police officer and in removing such persons the centre manager and the police
officer may use such force as is necessary in the circumstances. (80 of 1997 s. 102)
(2) Any resident who breaches rule 5, 7, 8A, 9, 10, 11, 12, 13, 14, 15, 16, 17, 19, 20, 21, 22, 24, 25, 26, 27, 28,
29, 30, 31, 32, 33 or 34 shall be liable to- (80 of 1997 s. 102)
(a) a fine not exceeding $1000; or (L.N. 185 of 1991)
(b) separate confinement for a period not exceeding 28 days,
which penalties may be imposed by a Chief Immigration Officer. (L.N. 92 of 1983)
(3) A Chief Immigration Officer acting under paragraph (2) may inform himself as he sees fit as to the
circumstances surrounding the alleged breach of rules and shall not be bound by rules of evidence.
(4) A Chief Immigration Officer shall not impose any penalty under paragraph (2) unless he is satisfied(a) that the resident has been given at least 24 hours notice in writing of the alleged breach of rules and of
the time and place of hearing;
(b) that the resident has had a reasonable opportunity to exculpate himself; and
(c) that the resident has breached these rules.
(5) An order signed by a Chief Immigration Officer specifying that a Vietnamese refugee be separately
confined shall be sufficient authority for any public officer in charge of a centre specified in the Immigration (Places
of Detention) Order (Cap 115 sub. leg. B) to receive and confine the Vietnamese refugee in accordance with the
confinement order.
(6) Where the person who is alleged to have breached a rule is under 14 years of age, the person who is
recorded in the centre records as the head of the household to which the young person belongs shall be liable to pay
any fine imposed by the Chief Immigration Officer and in default of payment the head of household and the young
person shall both be liable to separate confinement as ordered by the Chief Immigration Office.
(L.N. 92 of 1983)
Rule:
36
Centre manager to collect fines imposed
30/06/1997
(1) A centre manager shall be entitled to collect any fine imposed under rule 35 and shall apply the same within
the centre for the welfare and advancement of the residents.
(2) A centre manager shall keep proper records of the collection and disbursement of fines collected by him
under rule 35 and shall make them available at all reasonable times for audit by an official of the United Nations High
Commission for Refugees.
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Rule:
37
Failure to pay a fine
30/06/1997
A Chief Immigration Officer may allow a resident time to pay a fine imposed under rule 35 and may direct that
if a resident does not pay the fine on or by the due date that the resident shall be separately confined for a period
specified in the direction not exceeding 28 days for default of such payment.
(L.N. 92 of 1983)
Rule:
38
Appeals
30/06/1997
(1) A resident may within 48 hours of the imposition of a penalty by a Chief Immigration Officer under rule 35
give notice of appeal against the penalty.
(2) A notice under paragraph (1) shall(a) be in writing;
(b) be directed to the Director of Immigration;
(c) be served on an immigration officer or a centre manager;
(d) set out the grounds for appeal against the finding and penalty;
(e) be signed by the resident.
(3) The Director of Immigration shall forthwith consider the appeal and serve a copy of his findings on the
resident.
(4) The Director of Immigration may require the attendance of a resident when he considers an appeal under
this rule by that resident.
(5) The decision of the Director of Immigration on any appeal shall be final.
Part:
VIII
MISCELLANEOUS
30/06/1997
Rule:
39
Authorization of employees
30/06/1997
A centre manager may, by notice in writing, authorize any person employed in a centre to exercise any of the
powers or perform any of the duties conferred or imposed upon the centre manager by these rules and the person so
authorized shall have and may exercise such powers and perform such duties.
Schedule:
SCHEDULE
L.N. 202 of 2000 02/06/2000
[rule 2]
1.
2.
3.
4.
(Repealed L.N. 202 of 2000)
(Repealed L.N. 75 of 1996)
(Repealed L.N. 53 of 1991)
(Repealed L.N. 395 of 1991)
(L.N. 92 of 1983; L.N. 134 of 1987)
Cap 115H - IMMIGRATION (VIETNAMESE REFUGEE CENTRES) (OPEN CENTRE) RULES
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