Hong Kong security chief Chris Tang has defended tightened prison rules that came into effect last month, saying the amendments were necessary to safeguard national security.
Tang told lawmakers on Wednesday that the former prison rules were established over 70 years ago, and therefore it was “reasonable and necessary” for the government to review and revise them.
“The revised prison rules have established a legal foundation for safeguarding national security and allowing correctional officers to fulfil their duties and to enhance enforcement,” Tang said in Cantonese.
Under the new rules, which came into effect on July 18, detainees awaiting trial no longer have the right to order meals from outside the prison. In contrast, they were previously allowed to have meals prepared and delivered from restaurants.
The new rules also empower the Correctional Services Department (CSD) to bar anyone, including lawyers and religious leaders, from visiting certain inmates, citing the purpose of safeguarding national security or facilitating the rehabilitation of the inmates.
Under the previous rules, a chaplain was allowed to visit a prisoner “at all reasonable times.”
The CSD can now apply for a warrant from a magistrate to bar persons in custody from communicating with a legal representative, in person or in writing, as well as with anyone associated with the law firm concerned.
The government unveiled proposed amendments to the prison rules on July 3. The proposal was passed directly into law on July 18 under negative vetting procedures, allowing it to come into effect before being scrutinised by lawmakers.
Tang told legislators who reviewed the amendments that the previous rules made it more difficult for the authorities to manage correctional services by allowing detainees to enjoy meals prepared and delivered by restaurants.
He said there were cases where detainees tried to have illegal items, such as drugs, delivered through those meals, and that those meals also triggered more conflicts among detainees, with some trying to exchange them with others.
Tommy Cheung, a pro-establishment lawmaker representing the catering sector, said the new rules would have a negative impact on the business of restaurants near correctional facilities that used to provide meals to detainees.
While he supports the new prison rules, he hopes the CSD can encourage its officers to enjoy meals at those restaurants, Cheung said.
Tightened rules on visits
According to the new prison rules, the CSD will allow a visit if it considers the purpose of the visit to be “enabling the prisoner to maintain connections with his or her family or with society” or “providing moral support or material support to the prisoner.”
However, the CSD can prohibit any visit to safeguard national security, prevent or detect any criminal offence, to rehabilitate any prisoner, or to safeguard an individual’s safety or prison order.
Regina Ip, a lawmaker and chair of the pro-establishment New People’s Party, asked Tang whether the new rules would prohibit a close family member from visiting.
Tang said yes, explaining: “For example, if the family encourages an inmate to disobey the order of the prison, their visit will be prohibited.”