### Witness Protection Ordinance 《證人保護條例》

12. Restoration of original identity
(1) If—
(a) a participant has been provided with a new identity under the witness protection programme; and
(b) protection and assistance under the witness protection programme to the participant is terminated,
the approving authority may, with the approval of the Chief Executive or without such approval if the consent of the former participant is obtained, take such action as is necessary to restore the former participant’s original identity.
(2) The approving authority shall take reasonable steps to notify the former participant of a decision under subsection (1).
(3) If the approving authority—
(a) takes action under this section to restore the original identity of a person who was a participant; and
(b) notifies the former participant in writing that he is required to return to the approving authority all documents provided to the former participant that relate to the new identity provided under the witness protection programme,
the former participant shall not, without reasonable excuse, refuse or fail to return those documents to the approving authority within 7 days after receiving the notice.
(4) Where a former participant’s original identity is restored and he has outstanding legal rights or obligations or is subject to legal restrictions in respect of the identity that had been provided under the witness protection programme (the new identity

13. Request for review
(1) A person who is aggrieved by a decision of the approving authority under this Ordinance—
(a) not to include him;
(b) to terminate his protection as a participant; or
(c) not to establish a new identity for him as a participant,
in the witness protection programme may request in writing that the approving authority’s decision be reviewed by the board.
(2) Within 7 days after receiving the decision of the approving authority, the aggrieved person shall deliver to the approving authority a request for review stating the reasons for his request.
(3) After receiving such a request, the approving authority shall forward it and all relevant documents to the board.
(4) A request for a review under this section against a decision of the approving authority not to include a person in the witness protection programme or not to establish a new identity for a participant does not suspend the approving authority’s decision unless he decides otherwise.

### Witness Protection Ordinance 《證人保護條例》

14. Establishment of board
(1) There is established a board to review decisions of the approving authority referred to in section 13(1)(a), (b) and (c).
(2) The board—
(a) shall consist of—
(i) an officer who is more senior than the approving authority designated by the Commissioner; and
(ii) 2 persons who are not public officers; and
(b) may also consist of additional members as determined by the chairman, who may be public officers or not public officers,
and the members referred to in paragraphs (a)(ii) and (b) shall be selected from the panel referred to in subsection (4) in accordance with the procedure provided for in subsection (5).
(3) The officer referred to in subsection (2)(a)(i) shall be the chairman of the board.
(4) The Chief Executive shall, for the purposes of subsection (2)(a)(ii) and (b), appoint a panel of persons consisting of such number of public officers and other persons as he thinks fit.
(5) Members of the panel who are not public officers shall be selected to serve on the board in rotation in accordance with the alphabetical order of their surnames. The chairman may, in addition to such members, select members of the panel who are public officers, in such manner as he sees fit, to serve on the board.
(6) An appointment made under subsection (4) shall be notified in the Gazette.
(7) The board shall review the documents submitted to it under section 13(3) and shall advise the approving authority and the person who requested the review of its decision to confirm or reverse the decision being reviewed.
(8) Where the approving authority’s decision is reversed, he shall amend his decision accordingly.
(9) The board may establish its own procedure for reviewing a decision.

15. Provision of information to officers and law enforcement agencies
If—
(a) a participant has been provided with a new identity or has been relocated under the witness protection programme; and
(b) an officer under the Commissioner’s authority or another law enforcement agency in or outside Hong Kong notifies the approving authority that the participant has been arrested or is liable to arrest for an arrestable offence,
the approving authority may—
(i) release to the officer or law enforcement agency the new identity or new location of the participant;
(ii) provide the officer or law enforcement agency with the criminal record of the participant and the participant’s fingerprints;
(iii) release to the officer or law enforcement agency such other information relating to the witness protection programme as the approving authority considers appropriate in the circumstances; and
(iv) if the approving authority considers it appropriate to do so in the circumstances, allow officers of the law enforcement agency to interview him, or any officer working with him in the witness protection programme, in relation to the participant.

### Witness Protection Ordinance 《證人保護條例》

16. Officers protected from suit in respect of decisions under Ordinance
The approving authority, officers working with him and any other public officer or person performing functions in relation to the witness protection programme are not liable to any action, suit or proceedings (including criminal proceedings) under a law in force in Hong Kong in respect of an act done or omitted to be done in good faith in the exercise or purported exercise of a power conferred by this Ordinance.

17. Offences
(1) A person shall not, without lawful authority or reasonable excuse, disclose information—
(a) about the identity or location of a person who is or has been a participant or who has been considered for inclusion in the witness protection programme; or
(b) that compromises the security of such a person.
(2) A person who is or has been a participant, or a person who has undergone assessment for inclusion in the witness protection programme as a participant, shall not disclose—
(a) the fact that he is or has been a participant or has undergone assessment for inclusion in the witness protection programme;
(b) information as to the way in which the witness protection programme operates;
(c) information about any officer who is or has been involved in the witness protection programme;
(d) the fact that he has signed a memorandum of understanding; or
(e) any details of a memorandum of understanding that he has signed,
unless the person has been authorized by the approving authority to make the disclosure or has a reasonable excuse for doing so.
(3) A person who supplies information to the approving authority for the purpose of assisting the approving authority in deciding whether or not to include him in the witness protection programme shall not supply information which he knows or ought reasonably to know is false.
(4) A person who contravenes—
(a) subsection (1) commits an offence and is liable on conviction on indictment to imprisonment for 10 years;
(b) subsection (2) commits an offence and is liable on conviction on indictment to imprisonment for 5 years;
(c) subsection (3) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 2 years.
(5) Notwithstanding anything in the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence under subsection (4)(c) may be brought at any time within 6 months after the first discovery of the offence by the approving authority.
(6) No proceedings shall be instituted for an offence under subsection (1)(b) except with the consent of the Secretary for Justice.
(7) This section applies to all persons whether acting in a private or an official capacity.