- (b) information as to the way in which the witness protection programme operates;
- (c) information about any officer who is or has been involved in the witness protection programme;
- (d) the fact that he has signed a memorandum of understanding; or
- (e) any details of a memorandum of understanding that he has signed,
unless the person has been authorized by the approving authority to make the disclosure or has a reasonable excuse for doing so.
(3) A person who supplies information to the approving authority for the purpose of assisting the approving authority in deciding whether or not to include him in the witness protection programme shall not supply information which he knows or ought reasonably to know is false.
(4) A person who contravenes—
- (a) subsection (1) commits an offence and is liable on conviction on indictment to imprisonment for 10 years;
- (b) subsection (2) commits an offence and is liable on conviction on indictment to imprisonment for 5 years;
- (c) subsection (3) commits an offence and is liable on conviction to a fine at level 6 and to imprisonment for 2 years.
(5) Notwithstanding anything in the Magistrates Ordinance (Cap. 227), proceedings in respect of an offence under subsection (4)(c) may be brought at any time within 6 months after the first discovery of the offence by the approving authority.
(6) No proceedings shall be instituted for an offence under subsection (1)(b) except with the consent of the Secretary for Justice.
(7) This section applies to all persons whether acting in a private or an official capacity.
18. Approving authority and officer not to be required to disclose information
(1) Subject to subsection (2), the approving authority, officers working with him and any other public officer or person performing functions in relation to the witness protection programme shall not be required—
- (a) to produce in a court or before a tribunal, commission or official inquiry any document that has come into his or their custody or control in the course of, or because of, the performance of his or their duties in relation to the witness protection programme; or
- (b) to divulge or communicate to or before such a body any matter or thing that has come to his or their notice in the performance of his or their duties in relation to the witness protection programme,
