Page:Witness Protection Ordinance (Cap. 564).pdf/3

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WITNESS PROTECTION ORDINANCE
Ord. No. 67 of 2000
A2417


“witness” (證人) means—

(a) a person who has given, or who has agreed to give, evidence on behalf of the HKSAR in proceedings for an offence;
(b) a person who has given, or who has agreed to give, evidence otherwise than as mentioned in paragraph (a) in relation to the commission or possible commission of an offence;
(c) a person who has provided a statement or other assistance to a public officer in relation to an offence;
(d) a person who, for any other reason, may require protection or other assistance under the witness protection programme; or
(e) a person who, because of his relationship to or association with a person referred to in paragraphs (a) to (d), may require protection or other assistance under the witness protection programme;

“witness protection programme” (保護證人計劃) means the witness protection programme established under this Ordinance.

PART II
Witness Protection Programme

3. Establishment of witness protection programme

The approving authority shall establish and maintain a programme, to be known as the witness protection programme, under which he arranges for or provides protection and other assistance for witnesses whose personal safety or well-being may be at risk as a result of being witnesses.

4. Selection for inclusion in witness protection programme

(1) Subject to a review under Part III, the approving authority has the sole responsibility of deciding whether or not to include a witness in the witness protection programme.

(2) A witness may be included in the witness protection programme only if—

(a) the approving authority has decided that the witness be included;
(b) the witness agrees to be included; and
(c) the witness signs a memorandum of understanding in accordance with section 6 or—