|
HONG KONG The Hong Kong prison system held 12,302 prisoners as of March 27, 1997.
With a prisoner-to-population ratio of about 200 per 100,000, Hong Kong has a
higher rate of incarceration than found in the United Kingdom, the colonial
power that established the territory's prison system, and a relatively high
rate for Asia.(1) Hong Kong's twenty-two penal facilities, which are administered by the
Hong Kong Correctional Services Department (CSD), have a total certified capacity of 10,442 inmates. These facilities include adult prisons -- minimum,
medium and maximum security -- juvenile institutions, a remand facility for male
prisoners awaiting trial, a psychiatric center, and mandatory drug addiction
treatment centers.(2) Some facilities serve more than one purpose. Although
the prison population is unevenly distributed among them, more than half of
these institutions are overcrowded. Besides operating Hong Kong's penal facilities, the CSD is also
responsible for managing detention centers for Vietnamese migrants. For many
years, the population of these camps far outnumbered the penal population,
threatening to overwhelm the CSD's staff resources.(3) However, with the
vigorous implementation of Hong Kong's repatriation program, the number of
Vietnamese held in these camps has shrunk dramatically. Several pieces of legislation regulate the CSD's operation of the
territory's penal facilities: the Prisons Ordinance (Cap. 234), the
Detention Centres Ordinance (Cap. 239), the Training Centres Ordinance (Cap.
280), and the Drug Addiction Treatment Centres Ordinance (Cap. 244). As their
names suggest, these laws correspond to the various types of facilities that
make up the Hong Kong correctional system. Statutory authorization for the
detention of Vietnamese migrants is found in the Immigration Ordinance (Cap.
115). The Prisons Ordinance, originally enacted in 1954 but amended numerous times
since, is the oldest of these laws. Its provides the basis for the Prison
Rules, a much more detailed set of provisions that was also enacted in 1954 but
that has since been amended dozens of times.(4) Together, these documents set
out the basic groundrules of Hong Kong's correctional system. The other
ordinances, and their subsidiary regulations, include additional provisions
tailored to the institutions under their purview; otherwise they largely
incorporate the Prisons Ordinance and the Prison Rules.(5) At the time of the visit to Hong Kong of the Human Rights Watch/Hong Kong
Human Rights Monitor delegation, an important set of amendments to the Prison
Rules was being negotiated by the Legislative Council (Legco) and the CSD. The
amendments, which passed in May 1997, loosened restrictions on prisoners'
exercise of several rights.(6) They included, for example, important reforms
regarding prisoners' right to communicate with the outside world. The
stated purpose of the amendments was to "ensure that the Prison Rules are
consistent with the Bill of Rights Ordinance."(7) Besides the applicable rules and ordinances, which are published documents,
the CSD has also promulgated numerous unpublished Standing Orders to govern the
management of the territory's penal facilities. These have in some
instances been difficult for prisoners to obtain, leaving them ignorant about
policies that may affect their lives in significant ways.(8) Finally,
within each individual institution, internal rules and policies may apply.(9) The vast majority of Hong Kong prisoners are ethnic Chinese, and an
increasingly large number of them are from mainland China. In their interviews
with the Human Rights Watch/Hong Kong Human Rights Monitor delegation, the Hong
Kong prison authorities consistently attributed the territory's prison
overcrowding to the illegal Chinese immigrant population. (In Hong Kong, such
persons are universally referred to as IIs.) Indeed, mainland Chinese
constitute some 20 percent of the prison population, approximating the level of
overcrowding, although it seems somewhat arbitrary to blame them for
overcrowding, instead of the much larger numbers of local prisoners. Because they are deported back to China immediately after they have served
their criminal sentences, making post-release supervision impossible, prisoners
from mainland China are ineligible for several alternative confinement regimes
offered to local prisoners. Specifically, they are barred from the drug
addiction treatment program, the training center program, and the detention
center program (described below). These programs place strong emphasis on
rehabilitation while the training center program, in addition, stresses the
acquisition of useful skills; the disqualification of mainland Chinese is thus
to their detriment. Besides mainland Chinese, there are some 800 foreign prisoners in Hong Kong.
The largest nationalities represented are the Vietnamese, Filipinos,
Pakistanis, and Thais. As of March 27, 1997, they were 365, 230, sixty-six, and
forty prisoners, respectively, from these countries. The Human Rights
Watch/Hong Kong Human Rights Monitor delegation also met prisoners from
Australia, Colombia, Great Britain, Ireland, and Nigeria. Unconvicted inmates (those awaiting trial or in the midst of trial
proceedings) make up a small minority of the Hong Kong prison population.(10) Although their exact proportion is unclear, sizeable numbers of prisoners
enter the system with drug problems.(11) In addition, many prisoners are
affiliated with Hong Kong's criminal gangs, known as triads. Although
official statistics are more conservative, former prisoners have stated that the
large majority of male prisoners are triad members.(12) While the CSD
acknowledges that it cannot stop prisoners from belonging to triads, it claims
to have succeeded in controlling the triads' influence within the prison
system. Juveniles may enter the penal system as young as age fourteen. As in most
prison systems, the large majority of prisoners are males between twenty and
forty.(13) Persons sentenced to imprisonment receive fixed sentences that are normally
subject to up to one-third remission for good behavior. In addition, a Release
Under Supervision scheme was instituted in 1988, allowing certain prisoners to
serve even less of their sentences. Persons sentenced to drug addiction treatment centers, training centers, or
detention centers-alternative sentencing options within the discretion of the
court in many cases-receive partially indeterminant sentences followed by
mandatory terms of post-release supervision. Drug addiction treatment centers
hold inmates from two to twelve months. Training centers hold inmates from six
months to three years. Detention centers hold inmates who are between fourteen
and twenty years old from one month to six months, and hold those who are
between twenty-one and twenty-four years old from three months to twelve months. Hong Kong's prisons follow strict inmate classification rules.
Prisoners are separated according to sex, age, security level, and status as
sentenced or unsentenced prisoners, among other things. They are also divided
into categories, ranging from A to D, based primarily on the seriousness of
their crimes. (Murder and other very serious crimes, mostly those punishable
with at least twelve years' imprisonment, place prisoners in category A;
minor offenses carrying less than six months' imprisonment land them in
category D.) Category A prisoners are generally separated from other categories
of prisoners. Finally, sentenced prisoners are either classified as "star
prisoners"-first offenders-or "ordinary prisoners"-recidivists. These segregation rules comply with international standards, which require
the separation of men and women, of juveniles and adults, and of sentenced and
unsentenced prisoners.(14) Adult male inmates are held in ten prisons, a remand facility and a
psychiatric center. The remand facility, the Lai Chi Kok Reception Centre, is
convenient to the Hong Kong courts. Besides unsentenced prisoners, Lai Chi Kok
also holds a small number of prisoners appealing their convictions or their
sentences, and newly convicted prisoners pending transfer to other institutions. Hong Kong's two maximum security men's prisons are Stanley Prison,
built in 1937, and Shek Pik Prison. Stanley, the territory's largest
facility, holds prisoners serving life or long-term sentences, most of whom are
classified as ordinary prisoners. Shek Pik, which holds mostly star prisoners,
was originally designed to hold only Category A (maximum security) prisoners;
because of overcrowding, however, it now holds over 500 Category B and Category
C prisoners as well. In addition, four medium security institutions and four minimum security
institutions house adult male prisoners.(15) Victoria Prison, one of the medium
security facilities, presently serves the rather unusual purpose of housing
short-term detainees awaiting deportation back to their home countries.(16) Ma
Hang Prison, one of the minimum security institutions, includes a section
restricted to elderly prisoners, generally those over the age of sixty. In
addition to these facilities, Siu Lam Psychiatric Centre, a maximum security
institution, houses mentally ill prisoners, as well as certain protected
witnesses and prisoners considered a threat to the orderly functioning of other
institutions. Male drug addicts are held at the Hei Ling Chau Addiction
Treatment Centre, which includes a separate section for those under twenty-one. Besides those in the drug addiction program at Hei Ling Chau, young male
offenders are divided among juvenile prisons, training centers, and a detention
center. These are Cape Collinson Correctional Institution, Lai Sun Correctional
Institution, Pik Uk Correctional Institution, Lai King Training Centre, and Sha
Tsui Detention Centre. There are four institutions for women prisoners. Tai Lam Centre for Women,
which has a maximum security rating, functions as a remand facility and a prison
for adult women. Chi Ma Wan Correctional Institution on Lantau Island is a
medium security prison for female adult prisoners. Adjacent to it is the Chi Ma
Wan Treatment Centre, a drug addition treatment center for women. Tai Tam Gap
Correctional Institution houses young female offenders under the age of
twenty-one. It includes separate living areas for training center inmates, drug
addiction treatment center inmates, young prisoners and girls on remand. Female
inmates requiring psychiatric assessment or treatment are detained in the women's
unit of Siu Lam Psychiatric Centre. The largest remaining "closed camp" for Vietnamese migrants is the
High Island Detention Centre, which houses persons whose applications for
refugee status have previously been rejected.(18) Many of the detainees
confined at High Island have been confined for several years, some since June
1988. The Hong Kong government's official position is that everyone in
detention should return to Vietnam, and it is actively enforcing a mandatory
repatriation program that offers partial assurance against persecution by the
Vietnamese government, as well as reintegration assistance.(19) When the Human
Rights Watch/Hong Kong Human Rights Monitor delegation met Gov. Chris Patten, in
fact, he stated that by July 1997 there should be only a few hundred ethnic
Chinese, whom Vietnam refuses to accept, left in detention.(20) Other
estimates, however, are larger.(21) Although the closed camps are governed by the Immigration Ordinance rather
than the Prisons Ordinance, they are in many ways comparable to prisons. Most
fundamentally, detainees cannot leave the camps: they live confined within high
double walls topped with barbed wire. Within the facilities, however, detainees live in family groups-men, women,
and children intermingled-and, rather than being locked in cells, are free to
circulate around within the living areas and the large outside yards. Detainees
are not subject to prison discipline; indeed, the prison authorities insist that
"they are treated as ordinary citizens."(22) With over 7,000 staff, nearly 4,000 of whom are custodial staff working in
the prisons, the CSD approaches the size of the prison population it manages.
It is a quasi-military force, with uniforms, ranks, and military discipline. Unlike the military, however, the only weapons that CSD officers carry are
wooden batons, and these are only carried in the men's prisons. All prison
staff wear name tags. CSD custodial staff are trained at the CSD's Staff Training Institute
before commencing their duties in the penal system. Officers and assistant
officers undergo a twenty-six-week and twenty-three-week recruit training
course, respectively, which cover self-defense, first aid, counseling, and
management skills, among other things, and include field placement to prisons.
The "temporary staff" hired to accommodate the increased need for CSD
personnel in the Vietnamese detention camps receive two weeks' training
regarding the "basic know-how" needed for working in those
facilities.(23) CSD officers working in contact positions in the penal facilities are of the
same sex as the prisoners under their authority.(24) |