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Following is a question by the Hon Lau Wong-fat and a reply by the Secretary for Security, Mr Ambrose S K Lee, in the Legislative Council today (December 21):
Question:
As the Correctional Services Department (CSD) conducts a thorough body search on each sentenced person or detainee upon admission to correctional institutions, including searching the rectum with fingers, will the Government inform this Council:
(a) whether it is provided in the existing legislation that sentenced persons or detainees may not refuse rectal searches with fingers by CSD staff; if so, of the specific provisions; if not, how CSD handles such refusal cases;
(b) whether CSD will accede to requests for replacing rectal searches with fingers by other means, such as applying laxatives or enema, made by sentenced persons or detainees on grounds of fear, illness such as haemorrhoid, religion or privacy, etc; and
(c) of the reasons for CSD not following overseas practices, such as those of Ireland, of using X-ray devices for rectal searches?
Reply:
Madam President,
(a) and (b) The existing Prison Rules allow CSD officers to conduct rectal searches on prisoners. However, there is no provision in the Prison Rules allowing prisoners to refuse such searches on any grounds or to choose the means of searches. Refusal to undergo searching without any reasonable grounds may constitute an offence against penal discipline and the offender may be subject to disciplinary action.
In the cases where individual prisoners are diagnosed or assessed by doctors or clinical psychologists to be physically or psychologically unfit to undergo rectal searches, CSD will make appropriate arrangements (e.g. isolating the prisoners concerned for observation) based on professional advice and individual circumstances.
(c) CSD has enquired with the penal authority of Ireland and learnt that they only use X-ray devices for checking prisoners' personal belongings, baggage, postal packets, etc. for items such as weapons, metal articles and razor blades but not for conducting rectal searches. CSD has studied the feasibility of using X-ray devices for rectal searches, but found that such devices could not detect small quantities of drugs concealed in the body. Therefore, at this stage the Department does not have any plan to substitute the existing means of rectal searches with such devices. The Department will continue their study in this area.
Ends/Wednesday, December 21, 2005
Issued at HKT 12:31
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