(5) The approving authority may, by notice in writing served personally on a participant, vary the memorandum of understanding, provided that the variation does not have the effect of removing from the memorandum of understanding the provisions referred to in subsection (1).
(6) A variation takes effect on the day on which the participant receives notice of it.
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” as defined in the Births and Deaths Registration Ordinance (Cap. 174);
- (b) the “Commissioner” as defined in the Registration of Persons Ordinance (Cap. 177);
- (c) the “Registrar” as defined in the Marriage Ordinance (Cap. 181).
(2) Subject to the recommendation of the Commissioner and the approval of the Chief Executive, the approving authority may establish a new identity for a participant.
(3) Where the approving authority considers establishing a new identity for a participant pursuant to a request made by the participant and decides not to establish a new identity for him, he shall take reasonable steps to notify the participant in writing of his decision.
(4) Where a decision is made to establish a new identity for a participant after he has been included in the witness protection programme, a new memorandum of understanding shall be prepared and signed by the participant before the new identity is created.
(5) If the participant is under 18 years or otherwise lacks legal capacity to sign the memorandum, it shall be signed in the manner as provided for in section 4(2)(c)(i) or (ii) (as the case may require), and if the participant remains a participant on or after reaching 18 years or having legal capacity, as the case may be, the approving authority may require him to sign another memorandum of understanding at that time.
(6) Notwithstanding any other Ordinance, where approval has been given to establish a new identity for a participant—
