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Following is a question by the Hon Leung Kwok-hung and a written reply by the Secretary for Security, Mr Lai Tung-kwok, in the Legislative Council today (May 13):
Question:
Quite a number of persons who were detained in the cell holding units in the Magistrates' Courts and the High Court awaiting transfers to correctional facilities (detainees) have complained to me that the food provided there is small in portion and limited in choice. Also, such food does not cater for their cultural backgrounds, religions and health problems. In this connection, will the Government inform this Council:
(1) of the criteria adopted by the authorities for selecting suppliers to provide food to detainees (suppliers);
(2) of the types of food and the average weight of each set of food provided to detainees by the authorities in the past five years;
(3) of the list of suppliers designated by the authorities in the past five years, the relevant contract periods and the contract price of each set of food (set out the information by the Magistrates' Courts and the High Court);
(4) whether the authorities provide detainees with appropriate food having regard to their cultural backgrounds, religions and health problems; if they do, of the average weight and price of each set of food provided by the authorities in the past five years to detainees (i) of different cultural backgrounds (such as Oriental, Western, Indian and Pakistani culture), (ii) of different religions (such as Buddhism, Christianity, Hinduism and Islam) and (iii) with different health problems (such as diabetes and high blood pressure), as well as the respective numbers of detainees involved; if not, the reasons for that, and whether the authorities will consider providing detainees with appropriate food with regard to their special needs;
(5) whether the relatives and friends of detainees are allowed to arrange on their own food for detainees, such as buying food from designated suppliers; if so, of the relevant procedures; if not, how the authorities determine whether the food so provided caters for the special needs of detainees;
(6) whether detainees are presently allowed to order food from designated suppliers by themselves; if so, of the list of suppliers, the relevant contract periods and the contract price of each set of food; and
(7) whether the authorities regularly review the mechanism for providing food to detainees so as to ensure that the food cater for their special needs, and the interests of the detainees are protected; if the authorities do not, of the reasons for that; if they do, the frequency of such reviews, the government departments participating in such reviews as well as the dates and details of the last and the next review; whether the authorities will disclose the review information?
Reply:
President,
The Government respects the right of detainees. Departments concerned have put in place procedures and guidelines to ensure that due care is given to detainees' meal arrangement during court detention.
My reply to various parts of Hon Leung's question is as follows:
(1) to (4) The Government has not designated food caterer for detainees. Meals for detainees in cell holding units in Magistrates' Courts are mainly provided by canteens of nearby police stations, and the operators of such canteens are commissioned by the Hong Kong Police Force (HKPF) through open tender in general. On another front, meals for persons in custody in cell holding units in the High Court and the District Court are arranged by the Correctional Services Department (CSD). These persons, same as other persons in custody who are serving their sentences in correctional institutions, are provided with meals by kitchens of the correctional institutions. The meals are set by qualified dietitians, with dietary scales approved by the Department of Health and in compliance with relevant international health guidelines.
Generally speaking, detainees are only remanded in cell holding units in Magistrates' Courts for a short span of time (usually no more than one working day). The HKPF provides to such detainees three meals, i.e. breakfast, lunch and dinner, which are supplied by canteen operators of police stations in accordance with HKPF's guidelines. Corresponding arrangements shall be made by the HKPF as appropriate if detainees cannot consume certain kinds of food for such reasons as race, religion or dietary requirements (e.g. health needs).
Having regard to the health, dietary and religious needs of persons in custody, the CSD currently provides four main dietary scales, namely dietary scale 1 with rice as staple food; dietary scale 2 with curry and chapatti as staple food; dietary scale 3 with potatoes and bread as staple food; and dietary scale 4 comprising vegan meal. Moreover, appropriate food is given to individual persons in custody for medical considerations on Medical Officers' advice.
Detailed information such as the types of food and average quantity of food by weight provided to detainees or remand persons in custody in cell holding units in the courts, the number of persons with special dietary requests, and the types or quantity of food for special diet that was provided to such persons etc in the past five years are not kept by the HKPF or the CSD.
(5) and (6) Detainees or remand persons in custody in cell holding units in courts may, with the consent of departments concerned, request that meals be supplied to them by outside food premises and the expenses involved shall be covered by their relatives or friends. Such meals shall undergo security check by relevant departments before being delivered to the detainees or remand persons in custody for consumption.
(7) To take heed of the health, nutritional and religious needs of detainees and remand persons in custody, departments concerned review from time to time their detention management policy and meal system to the effect that their duty of care to such persons is properly fulfilled and that the rights of such persons are properly safeguarded.
Ends/Wednesday, May 13, 2015
Issued at HKT 16:36
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