Cap. 204 sub. leg. A

Independent Commission Against Corruption (Treatment of Detained Persons) Order(Cap. 204, section 10A(8)) [3 September 1976](Format changes—E.R. 7 of 2020) 1. Citation This Order may be cited as the Independent Commission Against Corruption (Treatment of Detained Persons) Order.(E.R. 7 of 2020) 2. Interpretation In this Order, unless the context otherwise requires— (E.R. 7 of 2020)arrest/detention sheet (逮捕╱扣留紀錄表) means the sheet or record maintained in respect of a detainee under paragraph 6;detainee (被扣留者) means a person detained at the offices of the Commission under section 10A(2)(a) of the Ordinance or pursuant to the order of a magistrate under the Magistrates Ordinance (Cap. 227);Detention Centre (扣留中心) means the detention facilities maintained by the Commission at its Headquarters of the Operations Department; (51 of 1987 s. 9; L.N. 170 of 1996)guarding officer (看管人員) means an officer appointed to be a guarding officer under paragraph 5(1) and, in relation to any detainee, means the guarding officer for the time being in charge of the Detention Centre. (51 of 1987 s. 9) 2A. Detainee to be taken to Detention Centre An officer of the rank of Senior Commission Against Corruption Officer or above who detains or authorizes the detention of a detainee shall cause the detainee to be taken to the Detention Centre and placed in the custody of the guarding officer.(51 of 1987 s. 9) 3. Notification to relatives, etc. Immediately after the detention of a detainee, or so soon thereafter as may be practicable, the officer who authorized the detention shall—(a) at the request of the detainee, cause a close relative of the detainee, or any other person named by the detainee for that purpose, to be notified of his whereabouts; and(b) if the detainee is a public officer, cause the head of the department in which he holds office to be notified of the detention orally and in writing.(27 of 1980 s. 8) 4. Communication with legal advisers, etc. (1) A detainee shall be afforded reasonable opportunity to communicate with a legal adviser and to consult with him in the presence, but out of the hearing, of an officer unless such communication or consultation would cause unreasonable hindrance or delay to the investigation of the suspected offence or the administration of justice.(2) For the purpose of preparing his defence a detainee detained pursuant to the order of a magistrate shall be allowed—(a) a supply of writing material and to have letters to his legal adviser, relatives and friends posted or delivered with the least possible delay;(b) to speak on the telephone to his legal adviser, relatives and friends, unless such communication is reasonably likely to cause hindrance to the investigation of the suspected offence or the administration of justice. (51 of 1987 s. 9) 5. Appointment and duties of guarding officers (1) The Commissioner may appoint officers to be guarding officers for the purposes of this Order.(2) A guarding officer shall, while a detainee is in his custody, be responsible for the safe custody and welfare of the detainee and for discharging such other duties as are imposed on him by this Order in relation to the detainee.(3) Notwithstanding anything in paragraph 2A or in this paragraph, the guarding officer may temporarily place a detainee in the custody of another officer for the purpose of furthering an investigation, in which case that other officer shall, until he returns the detainee to the custody of the guarding officer at the Detention Centre, have the responsibilities and duties of a guarding officer referred to in subparagraph (2) in relation to the detainee.(51 of 1987 s. 9; E.R. 7 of 2020) 6. Individual detention record to be kept (1) There shall be kept in respect of each detainee a record to be known as the arrest/detention sheet, in which shall be recorded—(a) immediately on the detention of a detainee, the reasons for the detention;(b) all movements and interviews of, requests made by, and meals, articles and any facilities provided to, the detainee; and(c) such other matters as are by this Order required to be so recorded.(2) In addition to the matters required to be recorded under subparagraph (1), there may be recorded by the guarding officer upon an arrest/detention sheet such other matters as the officer considers desirable.(3) Except where in this Order it is otherwise provided, the guarding officer shall be responsible for recording in an arrest/detention sheet all matters required to be so recorded which occur while the detainee is in his custody.(E.R. 7 of 2020) 7. Search of detainee (1) Upon the detention of a detainee, he shall, before being placed in any detention room, be searched thoroughly.(2) The searching of a detainee shall be conducted with due regard to decency and self-respect, and in as seemly a manner as is consistent with the necessity of discovering any concealed articles.(3) No detainee shall be searched other than by an officer of the same sex.(4) A detainee removed from his detention room shall be searched before being returned to that, or being placed in another, detention room. 8. Articles found in detainee’s possession (1) Any article found in the detainee’s possession which may be used by the detainee to injure himself or to escape from custody shall be taken from him and placed in the custody of an officer, who shall make an inventory thereof and provide the detainee with a copy:Provided that if the detainee so requests, he may be permitted by an officer to have the article in his possession or to use it for such period and subject to such conditions as the officer deems fit.(2) Subject to subparagraph (1), a detainee shall, except for reasons which the guarding officer shall cause to be recorded in the arrest/detention sheet, be permitted to retain any head-dress he is by custom or religion required to wear, essential clothing and a hearing-aid. 9. Comfort of detainees (1) Reasonable arrangements shall be made for the comfort of detainees.(2) Whenever practicable both a detainee being questioned or making a statement and the officer asking the questions or recording the statement shall be seated.(3) A detainee shall be permitted to receive from outside such items of clothing as may be necessary, subject to their inspection by an officer.(4) A detainee who has to spend a night or a substantial part thereof at the offices of the Commission shall be provided with a bed and reasonable bedding. (51 of 1987 s. 9) 10. Food and drink (1) Reasonable arrangements shall be made by the guarding officer for the refreshment of a detainee, including the provision of adequate food, without charge to the detainee.(2) Without prejudice to subparagraph (1) a detainee may be permitted by the guarding officer to obtain other food at his own expense subject to such food being inspected by an officer.(3) Drinking water shall be supplied to a detainee on request.(4) Details of all refreshment and food supplied to or received by a detainee shall be recorded in the arrest/detention sheet. 11. Toilet facilities and exercise Subject to such supervision and other measures as may be necessary to ensure that he does not escape or injure himself, a detainee shall be provided with adequate facilities and opportunity to wash, shower, shave, relieve himself and take a reasonable amount of exercise. 12. Sickness or injury (1) Subject to subparagraphs (2) and (3), if a detainee complains of or appears to be suffering from sickness or injury, he shall be provided with adequate medical attention at the offices of the Commission.(2) Where a medical practitioner so advises, or the services of a medical practitioner cannot be procured at the offices of the Commission, the detainee shall be escorted elsewhere to receive medical attention. (51 of 1987 s. 9)(3) If the detainee is admitted to a hospital, he shall at all times be guarded by an officer until lawfully released on bail or otherwise. (51 of 1987 s. 9) 13. Complaints by detainees Every complaint made by a detainee about the conditions under which he is detained or the conduct of any officer shall, if not made in writing, be reduced to writing by the officer to whom it is made, and as soon as possible brought to the attention of an officer not below the rank of assistant director and recorded in the detainee’s arrest/detention sheet. 14. Female detainees (1) Female detainees shall ordinarily be kept separate from male detainees.(2) A female detainee shall be guarded by a female officer and, except in an emergency, no male officer shall enter a detention room in which a female detainee is detained otherwise than in the company of a female officer. 15. Safety of detainees in emergency In the event of fire or other emergency at the offices of the Commission, the safety of any detainees detained there shall be paramount and if their safety is threatened, the guarding officer or officers shall escort the detainees to the nearest police station or other suitable place. 16. Use of handcuffs (1) Handcuffs shall only be used to restrain a detainee when necessary for his own safety or the safety of others or to prevent his escape.(2) Any use of handcuffs shall be recorded on the arrest/detention sheet by the officer causing them to be used. 17. Notice to detainees There shall be displayed in a conspicuous position in every room used for the detention of a detainee and in other conspicuous places at the offices of the Commission where it can readily be seen by detainees, a notice in English and in Chinese in the following terms— “Notice to Persons Detained 1. You may request that your relatives or a friend be informed of your detention.2. Provided that no unreasonable delay or hindrance is caused to the processes of investigation or the administration of justice you may communicate and consult with a legal adviser.3. For the purpose of preparing your defence you will, if you have been detained on the order of a magistrate, be allowed—(a) a supply of writing material, and to have your letters posted or delivered without delay;(b) to make telephone calls, provided no hindrance is caused to the processes of investigation or the administration of justice. (51 of 1987 s. 9)4. You may ask to be released on bail.5. If you feel ill, ask for medical attention.6. Adequate food and refreshment will be supplied free. You are not entitled to receive from outside anything except the basic necessities of clothing. However you may, if you request, be permitted at your own expense to have food from outside to be brought to you subject to inspection.7. Drinking water will be supplied on request.”. 18. Visits by justices (1) The Commission shall provide facilities to justices of the peace appointed by the Chief Executive for that purpose (in this paragraph referred to as visiting justices) to enable them to visit detainees and satisfy themselves that detainees are held in accordance with this Order and any other law. (1 of 2003 s. 3; E.R. 7 of 2020)(2) For the purposes of subparagraph (1) visiting justices shall be permitted to visit detainees at all reasonable times and for reasonable periods.(3) A record of such a visit shall be made in the arrest/detention sheet of every detainee.(4) There shall be kept at the offices of the Commission a book to be known as the “Visiting Justices Report Book”, in which visiting justices shall record their visits and their observations and comments. (E.R. 7 of 2020)(5) Any adverse observation or comment recorded in the Visiting Justices Report Book shall as soon as practicable be brought to the attention of the Commissioner or Deputy Commissioner.