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

WITNESS PROTECTION ORDINANCE “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 '''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—