Under the proposed amendments, the correctional services chief may limit or prohibit a prison visit for the purposes of national security, personal safety, rehabilitation, crime prevention as well as order and discipline. This includes banning visits from a particular chaplain or religious activities conducted by them if national security or any of the other key purposes is undermined. Officials said there were cases in which visits were abused to influence those in custody with “soft tactics” to incite resistance against supervision and arouse hatred of the central and Hong Kong governments.
Separately, the authorities may also apply for court warrants to restrict contact with certain legal representatives and medical practitioners to safeguard national security and prevent abuses of the existing arrangements. Referring to the practices in some countries that do not provide for judicial proceedings when imposing restrictions for national security reasons, officials believe the proposals have struck a balance with inmates’ rights.
Inevitably, some may find the proposals excessive. For instance, the rules for those on remand to wear their own clothes or procure food from outside prison are to be repealed to maintain good order and security. The authorities said private diet could become a tool for those awaiting trials to engage in secret dealings and had become one of the main causes of disputes and fights whereas personal clothing could become political statements and influence others, which may threaten order and discipline. The United Kingdom abolished the private diet arrangement in 1988, according to the Security Bureau.
The amendments will take immediate effect on the day of gazettal to prevent and resolve the relevant risks in a timely manner. The quick pace underlines the government’s determination to further enhance national security protection.
