Page:Witness Protection Ordinance (Cap. 564).pdf/8

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.
WITNESS PROTECTION ORDINANCE
Ord. No. 67 of 2000
A2427


(a) the approving authority shall notify the relevant public officer giving particulars of the new identity to be established and the documents that must be issued; and
(b) on receiving such notification, the public officer shall take such steps as are necessary to issue those documents to the approving authority.

(7) A participant for whom a new identity is being established shall, on request, attend before the public officer and sign such documents or records or take such other steps as may be necessary to facilitate the establishing of the new identity.

(8) A document issued under the authority of this section shall be deemed to have been lawfully issued by the relevant public officer in accordance with the requirements of the Ordinance under which he purported to issue it.

(9) The approving authority shall not, under his powers under subsection (6), do anything which would cause a person to believe that a participant—

(a) has qualifications that he does not, in fact, have; or
(b) is entitled to benefits that he is not, in fact, entitled to.

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.