Page:Witness Protection Ordinance (Cap. 564).pdf/5

WITNESS PROTECTION ORDINANCE 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 program.

6. Memorandum of understanding

(1) A memorandum of understanding shall—
 * (a) set out the basis on which a participant is included in the witness protection programme and details of the protection and assistance that is to be provided; and
 * (b) contain a provision to the effect that protection and assistance under the witness protection programme may be terminated if the participant breaches a term of the memorandum of understanding.

(2) A memorandum of understanding in relation to a participant may also contain—
 * (a) the terms and conditions on which protection and assistance is to be provided to the participant, which may include a condition that protection and assistance may be withdrawn if—
 * (i) the participant commits an offence;
 * (ii) the participant engages in activities of a kind specified in the memorandum of understanding;
 * (iii) the participant compromises the integrity of the witness protection programme;