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

1. Short title
(Amended E.R. 5 of 2021)(1) This Ordinance may be cited as the Witness Protection Ordinance.
(2) (Omitted as spent—E.R. 5 of 2021)

2. Interpretation
In this Ordinance, unless the context otherwise requires—
approving authority (批准當局) means a person designated in writing by the Commissioner to be the approving authority;
board (委員會) means the board established under section 14;
Commissioner (處長、專員) means each of the Commissioner of Police and the Commissioner of the Independent Commission Against Corruption;
memorandum of understanding (諒解備忘錄) means a memorandum of understanding entered into by the approving authority and a witness under section 6 setting out the basis on which the witness will be included in the witness protection programme;
participant (參與者) means a witness who has been included in the witness protection programme;
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.

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.
(Amended E.R. 5 of 2021)

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

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—
(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.

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

5. Witness to disclose necessary information before being included in witness protection programme
(1) The approving authority shall not include a witness in the witness protection programme unless he is satisfied that the witness has provided him with all information that the approving authority considers is necessary to decide whether or not the witness should be included.
(2) Without limiting the generality of subsection (1), the approving authority may—
(a) require a witness to undergo psychological or psychiatric examinations and make the results available to the approving authority; or
(b) make such other inquiries and investigations as the approving authority considers necessary,
for the purposes of assessing whether or not the witness should be included in the witness protection programme.
(3) In addition to the requirements under subsections (1) and (2), the approving authority may require a witness to undergo medical tests or examinations and make the results available to the approving authority to obtain information that may be needed in the event that the witness is included in the witness protection programme. (Amended L.N. 29 of 2004)

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

7. Action where witness is included in witness protection programme
If a witness is included in the witness protection programme, or is being assessed for inclusion in the witness protection programme, the approving authority shall take such action as he considers necessary and reasonable to protect the witness’ safety and welfare.

8. Establishing new identity for participant in witness protection programme
(1) In this section, public officer (公職人員) means—
(a) the Registrar

9. Dealing with rights and obligations of participant
(1) If a participant has outstanding legal rights or obligations or is subject to legal restrictions, the approving authority shall take such steps as are reasonably practicable to ensure that—
(a) those rights or obligations are dealt with according to law; or
(b) those restrictions are complied with.
(2) If the approving authority is satisfied that a participant who has been provided with a new identity under the witness protection programme is using the new identity to—
(a) avoid obligations that were incurred before the new identity was established; or
(b) avoid complying with restrictions that were imposed on the person before the new identity was established,
the approving authority may give notice in writing, served personally on the participant, stating that he is so satisfied.
(3) A notice under subsection (2) shall also state that, unless the participant satisfies the approving authority that the obligations will be dealt with according to law or the restrictions will be complied with, the approving authority will take such action as he considers reasonably necessary to ensure that they are dealt with according to law or complied with.
(4) The action under subsection (3) by the approving authority may include informing a person who is seeking to enforce rights against the participant of the details of any property (whether real or personal) owned by the participant under his original identity.

10. Non-disclosure of original identity of participants
(1) Where—
(a) a participant who has been provided with a new identity under the witness protection programme would, apart from this section, be required by or under a law of Hong Kong to disclose his original identity for a particular purpose; and
(b) the approving authority has given the participant written permission not to disclose his original identity for that purpose,
the participant is not required to disclose his original identity to any person for that purpose.
(2) If a participant has been given permission under subsection (1) not to disclose his original identity for a particular purpose, it is lawful for the participant, in any proceedings or for any purpose under or in relation to the relevant law of Hong Kong, to claim that his new identity is his only identity.

11. Termination of protection
(1) Subject to a review under Part III, the approving authority may terminate the protection of a participant.
(2) The approving authority shall, before terminating the protection, advise the participant in writing, which shall be served personally, of his decision to terminate the protection.