Page:Witness Protection Ordinance (Cap. 564).pdf/4

(i) if the witness is under 18 years, a parent or guardian of the witness signs such a memorandum; or

(ii) if the witness otherwise lacks legal capacity to sign the memorandum, a guardian or other person who is usually responsible for the care and control of the witness signs such a memorandum.

(3) In addition to the nature of the perceived danger to the witness, the approving authority shall, in deciding whether or not to include a witness in the witness protection programme, have regard to—

(a) whether the witness has a criminal record, particularly in respect of crimes of violence, and whether that record indicates a risk to the public if the witness is included in the witness protection programme;

(b) if a psychological or psychiatric examination or evaluation of the witness has been conducted to determine the witness’ suitability for inclusion in the witness protection programme, that examination or evaluation;

(c) the seriousness of the offence to which the relevant evidence or statement relates;

(d) the nature and importance of that evidence or statement;

(e) whether or not there are viable alternative methods of protecting the witness; and

(f) the nature of the witness’ relationship to other witnesses being assessed for inclusion in the witness protection programme, and may have regard to such other matters as the approving authority considers relevant.

(4) If—

(a) a parent, guardian or other person signs a memorandum of understanding pursuant to subsection (2)(c)(i) or (ii); and

(b) the witness to which the memorandum relates is included in the witness protection programme and remains a participant on or after reaching 18 years or having legal capacity, as the case may be,

the approving authority may require the participant to sign another memorandum of understanding on or after reaching 18 years or having legal capacity, as the case may be.

(5) Where the approving authority considers a witness for inclusion in the witness protection programme pursuant to a request made by the witness and decides not to include the witness in the witness protection programme, he shall take reasonable steps to notify the witness in writing of his decision.