Provisional Legislative Council

PLC Paper No. CB(2) 883

Ref : CB2/PS/1/97

Paper for Panel on Security meeting
on 22 January 1998
Report of the Subcommittee on
Overcrowdedness in Penal Institutions

Purpose

1.This paper reports on the deliberations of the Subcommittee on Overcrowdedness in Penal Institutions.

The Subcommittee

2.At the Security Panel meeting held on 18 September 1997 when the problem of prison overcrowding was discussed, members decided to form a subcommittee to examine the issue in detail with a view to recommending to the Administration possible ways to resolve the problem. Seven members joined the Subcommittee. The membership and terms of reference of the Subcommittee are respectively in Appendices I and II.

3.Under the Chairmanship of Hon Mrs Selina CHOW, the Subcommittee held six meetings, including four with the Administration.

Deliberations

4.The Subcommittee has examined thoroughly possible means to resolve the problem of overcrowdedness. To tackle the problem, the Subcommittee considers it essential to increase the penal capacity and relieve pressure on the demand for penal places. A gist of the deliberations is summarized below.

Measures to increase penal capacity

5.The Administration informs the Subcommittee that three projects are in the pipeline to increase penal places. They include the redevelopment works in the Stanley Prison area, a proposal to redevelop Tai Lam Correctional Institution and a new prison complex at Yam O in North Lantau. Taking into account these projects, the Administration still projects a shortfall of 2 400 places by the year 2003 based on an improved forecasting model to forecast the prison population. Current projections show that overcrowding will continue to be most serious at three pressure points, namely, female prisons, remand centres and maximum security prisons. New measures currently under consideration by the Administration to increase the penal places by about 700 are as follows :

1. to redesignate a section of Chi Ma Wan Drug Addiction Treatment Centre as a female prison to provide about 70 places;

2. to build an annex on a site, currently used as a temporary bus depot, adjacent to the Lai Chi Kok Reception Centre (LCKRC) to create an additional 400 places; and

3. to set up an Immigration Centre within the permanent Immigration Service Training School site at Perowne, Tuen Mun to accommodate immigration detainees pending removal. The transfer of immigration cases in Victoria Prison to the Centre when it becomes operational in year 2003 will release about 200 penal places.

Even if all these projects could be realized, the Administration still envisages a shortfall of 1 700 penal places in year 2003. To overcome the projected shortfall, the Administration is identifying suitable sites to build an additional medium/minimum security prison complex.

6.The Subcommittee is extremely concerned that the projected shortfall in penal places will remain at about 1 700 even when all the proposed projects have been completed by year 2003. Whilst noting the Administration's explanations regarding the progress of these projects and the procedures involved, the Subcommittee is concerned about the long lead time required for the completion of the projects. The Subcommittee has urged the Administration to step up efforts to speed up the completion of the projects. Regarding individual projects, the Subcommittee has made the following suggestions :

1. New prison complex at Yam O

   As the Environmental Affairs Committee of the Tsuen Wan Provisional District Board (TWPDB) has objected to the proposed zoning amendment to enable the Yam O site to be used for penal purpose, the Administration should make every effort to gain support of TWPDB of the proposed project. To balance the objection, the Security Panel could make a representation to the Town Planning Board. The Panel could also write to TWPDB conveying members’ concerns about overcrowding in penal institution and requesting it to consider the matter sympathetically. Alternatively, members of the Panel could also take the opportunity to exchange views with members of TWPDB on an informal basis. An ideal forum would be the Provisional Legislative Council Members’ meeting with TWPDB members. The future legislature should lend its support to the request for funding the project.

2. An annex on a site adjacent to LCKRC

   The proposal to build an annex on a site which is currently used as a temporary bus deport adjacent to LCKRC will require the co-operation of the bus company and relevant government departments concerned. The Administration should commence the consultation exercise as quickly as possible. A member has suggested that the proposed project be renamed as so to make it more acceptable to the public.

3. Setting up of an Immigration Centre within the Immigration Service Training School site at Perowne, Tuen Mun

   The Administration should make efforts to speed up the process involved in setting up the Immigration Centre.

4. An additional prison complex

   The Administration should step up efforts to identify an appropriate site for building an additional prison complex as quickly as possible. The High Island Detention Centre should be considered to be converted into a prison complex.

Means to relieve pressure on demand for penal places

Non-custodial options available locally

7.The Subcommittee agrees that the Community Service Order (CSO) be extended to district courts to provide the district judges with an additional tool for sentencing and that the necessary resources should be provided to strengthen the CSO Scheme. In response, the Administration has advised that the Government already had plans and funds secured to enable the CSO to be extended to district courts, the Court of First Instance and the Court of Appeal in October 1998 as an additional sentencing option to facilitate better rehabilitation of offenders. However, whether or not CSO or other non-custodial options would be exercized remains a matter for the courts.

8.The Subcommittee takes the view that consideration should be given, where possible, to widening the use of non-custodial options currently available in Hong Kong, particularly on sentencing of adult offenders not involved in violent crimes or offences of a criminal nature, such as cases of forgery or "white collar" crimes.

Non-custodial options available overseas

9.The Subcommittee has noted the Administration's explanations of the limitations regarding the implementation of the non-custodial options presently available overseas, such as foster care, home detention, curfew and use of electronic monitoring, weekend detention and day in prison programme. The Subcommittee considers that, as circumstances might have changed since the research on these options in 1995, a more comprehensive review should be conducted on the feasibility of applying various non-custodial sentencing options, having regard to overseas experience.

Transfer of prisoners of foreign nationality

10.The Subcommittee considers that the Administration should make every efforts to expedite the arrangements for the transfer of prisoners not of Hong Kong origin who are willing to serve their sentences in their places of origin.

Illegal workers from the Mainland

11.The Administration has explained that Mainland illegal immigrants (IIs) who have committed criminal offences or have engaged in illegal employment in Hong Kong will be prosecuted and imprisoned. At present, about 400 prisoners, less than 5% of the total penal population are illegal workers from the Mainland. The Administration has cautioned that the likely consequences of any proposed change in policy, such as relaxing on the imprisonment sentence for illegal workers, have to be carefully examined.

12.A member takes the view that IIs taking up illegal employment are not criminals and their imprisonment is in violation of human rights.

13.Although members express doubt about the deterrent effect of imprisonment of II workers, the Subcommittee agrees that any proposal to shorten the imprisonment sentence would send a wrong message to snakeheads and potential IIs, thus encouraging an influx of IIs into Hong Kong to seek employment.

Manpower for managing penal institutions

14.The Subcommittee disagrees with the Administration that the manpower for managing penal institutions should be based on the planned penal accommodation. To ensure efficient management and control of penal institutions, staff requirements should relate directly to actual penal population. Given that occupancy of a number of penal institutions have already far exceeded the tolerance level, the Administration should put in place a mechanism for review to ensure that at any point in time, and particularly in situations where a long-standing problem of overcrowding exists, there should be sufficient manpower to maintain order in penal institutions.

Progress report

15.At the Subcommittee's request, the Administration agrees to provide an updated report in March 1998 on the progress of various projects to increase penal capacity.

Recommendations

Steps to be taken by the Administration

16.The Subcommittee recommends :

1. that concerted efforts be stepped up to speed up all the planned projects to increase penal capacity;

2. that every efforts be made to gain support of TWPDB of the proposed new prison complex at Yam O;

3. that consultation on building an annex on a site adjacent to LCKRC be commenced as soon as possible;

4. that efforts be stepped up to identify an appropriate site for building an additional prison complex, and that the High Island Detention Centre should be considered as a possible site;

5. that the Community Service Order be extended to district courts as an additional tool for sentencing;

6. that considerations be given to widening the use of non-custodial options currently available locally, particularly for adult offenders not involved in violent crimes or offences of a criminal nature;

7. that a more in-depth study be conducted on the feasibility of applying non-custodial sentencing options available overseas; and

8. that transfer arrangements of foreign prisoners be expedited.

Steps to be taken by members

17.The Subcommittee recommends :

1. that a written representation be made to the Town Planning Board and a letter be sent to TWPDB to solicit support on the proposed project at Yam O; and

2. that a motion be moved by the Chairman of the Subcommittee to urge the Administration to resolve the problem of prison overcrowding as expeditiously as possible. The draft wording of the motion is in II.

Advice sought

18.Members are invited to support the recommendations of the Subcommittee at paragraphs 16 and 17 above.

Provisional Legislative Council Secretariat
15 January 1998

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Provisional Legislative Council
Panel on Security

Subcommittee on Overcrowdedness in Penal Institutions

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Provisional Legislative Council
Panel on Security

Subcommittee on Overcrowdedness in Penal Institutions

Terms of reference

To consider ways to tackle the problem of overcrowding in penal institutions in Hong Kong and to make recommendations to the Panel where necessary.