Page:Witness Protection Ordinance (Cap. 564).pdf/10

WITNESS PROTECTION ORDINANCE :(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 program (“the new identity”), section 9 applies to such rights, obligations and restrictions, and the approving authority may take the same actions as he could have if they had occurred before the new identity was established.

(5) A person who contravenes subsection (3) commits an offence and is liable on conviction to a fine at level 2. PART III 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.