Annex 1 Hong Kong, 25 August 2020 Mr. Lo Kin-hei Chairman to the Southern District Council 1/F, Ocean Court, 3 Aberdeen Praya Road, Hong Kong By email : [email protected] Proposed agenda item for the 6th SDC meeting on 10 September 2020 The function and operation of the Southern District Council Dear Chairman, You will recall that following the 5th Southern District Council meeting, on 21 July 2020, I sent letters (see attached) to the Secretary of the Southern District Council and the Director of Home Affairs on your behalf. The Secretary had previously written, indicating a refusal to participate or provide the usual secretarial services with respect to the two items raised by members which you had decided were to be included in the agenda. One item was regarding alleged gambling in the Stanley Prison, and the other was regarding the handling of mentally incapacitated persons in Southern District by the Police, following an incident involving a Tin Wan resident. You will also recall that when, at the meeting, you invited the members raising those items to explain why they should be discussed, the District Officer stood up, reminded you of Government’s objection and then left the meeting, taking with him the Secretary and staff of the Council’s secretariat despite the insistence of members that they remain. Together with all members, we received a reply dated 17 August 2020 (also attached) from Ms Judy Moy for the Director of Home Affairs and for the Secretary of the Southern District Council. I am very concerned that this disruption should not be repeated as it is in the interests of the people of the Southern District that all parties cooperate and act lawfully. Therefore, to assist the smooth running of future Southern District Council meetings I propose we discuss the functions and operation of the Southern District Council at our upcoming meeting, and specifically the main issues at hand: 1. The functions of the Council, 2. The approval of agenda items, 3. The duties of the Council’s Secretary, and 4. What response (if any) should be made to the letter from the Director of Home Affairs. With your permission, I recommend that the Secretary for Home Affairs and the Director of Home Affairs are invited to participate in our deliberations on this item. Attached please find copies of all relevant documents. Yours sincerely Paul Zimmerman cc. All Members of the Southern District Council; Secretariat of the Southern District Council Enclosures: 1. Letter of Mr PANG Cheuk-kei, Michael (member for Stanley & Shek O) of 9 June 2020; 2. Letter of Miss YUEN Ka-wai, Tiffany (member for Tin Wan) of 14 June 2020; 3. Emails (2) of the Secretariat of the Southern District Council to the Chairman of 23 June 2020; 4. Emails (2) of the Chairman of the Southern District Council to the Secretariat of 24 June 2020; 5. Agenda for the 5th Meeting of the Southern District Council (2 July 2020); 6. Letter of the Director of Home Affairs to the Chairman of the Southern District Council of 9 July 2020; 7. Letter of the Vice Chairman of the Southern District Council to the Director of Home Affairs of 21 July 2020; 8. Letter of the Vice Chairman of the Southern District Council to the Southern District Council Secretariat of 21 July 2020; 9. Letter of the Southern District Officer to the Vice Chairman of the Southern District Council of 30 July 2020; 10. Letter of the Director of Home Affairs to the Vice Chairman of the Southern District Council of 17 August 2020. (Translation) Appendix 1 Hong Kong Special Administrative Region of the People’s Republic of China Southern District Council Michael Pang Mr. LO Kin-hei, Chairman of the Southern District Council, 1/F, Yat Kong House, 3 Praya Road, Aberdeen, Hong Kong Chairman Lo: To be included in the agenda of the Southern District Council meeting on July 2: Following up on alleged gambling among the correctional services officers and other illegal issues in Stanley Prison According to a video widespread online and earlier media reports, several correctional services officers in uniform were playing with the fire extinguishers in the activity room while on duty, with a mah-jong table and several beer bottles and dice cups. It is reported that the incident occurred in mid-May, the scene shown in the video was Stanley Prison and the above- mentioned correctional services officers were alleged to be gambling and drinking. The Correctional Services Department is Hong Kong’s main disciplinary force, and one of its most important tasks is to assist inmates to rehabilitate themselves; however, the officers involved were suspected of gambling and drinking while on duty and could not a good role model for the inmates. When responding to media inquiries, the CSD stated that it had immediately launched an investigation into the incident when the video was discovered. If it is found that the correctional services officers have committed improper behaviour, they will follow up seriously. Since the Correctional Services Department is one of the important stakeholders in Southern District, and Stanley Prison is also an important community facility in Southern District, I would like to ask the following questions to request the Director of Correctional Services to explain to the public and Southern District Council: Firstly, does the Commissioner of Correctional Services believe that the conduct involved the crime of “misconduct in public office”? If the result of the internal investigation shows the incident involved misconduct of in public office, how will the Commissioner of Correctional Services punish the persons involved? Secondly, there have also been reports in the past that some correctional staff violently treated persons in custody, and in the videos there is a mah-jong table, beer and dice cups in the activity room. Can the staff of the Correctional Services Department drink or gamble during their rest period? Will the staff get drunk? Can’t use violence against inmates because they are drunk? Thirdly, what measures will the Commissioner of Correctional Services take to ensure that Stanley Prison, Tung Tau Correctional Institution, Pak Sha Wan Correctional Institution, and the 28 correctional facilities in Hong Kong will not have similar incidents again? Southern District Councillor Michael Pang 9 June 2020 Stanley Office Address: No. 2, G/F, Chun Ma House, Ma Hang Village, Stanley Address: No. 2, G/F, Chun Ma House, Ma Hang Estate, Stanley Tel: 6764 6892 (Translation) Appendix 2 Letter from Tiffany Yuen (SDC for Tin Wan Estate to SDC Chair) Southern District Council Chairman LO Kin-hei Chairman Lo: Request the Southern Police District to provide information on handling cases of mentally incapacitated persons Persons with disabilities are stakeholders in the community, whether their rights can be protected depends upon cooperation between government departments. Elected District Councillors should monitor this situation. I have noticed that the police have notified the District Councillor, the Estate Management Advisory Committee and the public about crimes happening in the District, but there is no relevant information about how mentally incapacitated persons (MIP) are handled. Earlier this month, there was an assault and criminal damage case in Tin Wan Estate which involved an MIP, and the incident raised concerns. Regarding how police officers on the frontline handle MIPs, I have the following queries for the government department: 1. Are there any guidelines for frontline police officers to identify MIPs as early as possible and communicate effectively with them? 2. How many MIP-related cases were handled in the Southern District between 2019 and 2020? 3. How does the police guarantee that MIPs’ rights are protected after arrest? The Chairman is invited to accept this agenda and discuss it in depth at the meeting. (sd.) Tiffany Yuen Southern District Councillor for Tin Wan 14 June 2020 Appendix 3 From: sdcadm [email protected] Subject: 202072 Discussion Paper for the 5th meeting of the Southern District Council (SDC) on 2 July 2020 Date: 23 June 2020 at 9:20 PM To: LO KIN HEI [email protected] Cc: CHAN HIN CHUNG [email protected], CHAN PING YEUNG [email protected], CHAN YAN YI [email protected], JONATHAN LEUNG CHUN [email protected], JONATHAN LEUNG CHUN [email protected], LAM ANDREW TAK WO [email protected], LAM HO POR KELVIN [email protected], LAM YUK CHUN [email protected], LI SHEE LIN [email protected], PANG CHEUK KEI MICHAEL [email protected], POON PING HONG [email protected], TSUI YUEN WA [email protected], WONG YUI HEI ANGUS [email protected], YIM CHUN HO [email protected], YU CHUN HEI JAMES [email protected], YUEN KA WAI TIFFANY [email protected], ZIMMERMAN PAUL [email protected], Denis Leung [email protected] 202072 (547)61(a)(i) (ii) (iii) (iv) 61(a) 6(5) 61 *** (Translation) Dear Chairman, The SDC Secretariat has received a paper submitted by member Miss YUEN Ka- wai, Tiffany, requesting discussion of an agenda item entitled “Request for Information on Cases Involving Mentally Incapacitated Persons Handled by the Southern Police Division” at the coming 5th SDC meeting on 2 July 2020. Your attention is hereby drawn to section 61(a) of the District Councils Ordinance (Cap. 547), which stipulates that the functions of a District Council are to advise the Government (i) on matters affecting the well-being of the people in the District; (ii) on Government (i) on matters affecting the well-being of the people in the District; (ii) on the provision and use of public facilities and services within the District; (iii) on the adequacy and priorities of Government programmes for the District; and (iv) on the use of public funds allocated to the District for local public works and community activities.