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To enhance the effectiveness of the Witness Protection Programme (WPP), the Administration is proposing new legislation to give legal backing to the Programme and provide legal authority for the change of identities of high-risk witnesses, a Government spokesman said today (Wednesday).

The WPP is currently run by the Police and the Independent Commission Against Corruption. Its main purpose is to encourage members of the public to come forward to give evidence as witnesses in criminal cases by offering effective protection to them.

The Witness Protection Bill, which has been approved by the Chief Executive in Council, aims to put the existing Programme on a statutory basis.

"We believe that the effectiveness of the WPP will be enhanced by the proposed legislative framework," the spokesman said.

Besides, the Bill also provides the authorities with statutory powers to change the identities of high-risk witnesses thoroughly.

Elaborating on the proposal, the spokesman noted that changing the identities of witnesses was not a feature of the existing WPP.

At present, the Police and the ICAC can only change the name of a protected witness by means of a deedpoll, which grants a new name to a protected witness in his identity card and travel document.

However, this does not provide sufficient reassurance since consequential changes cannot be made to his birth and marriage certificates, he explained.

According to the Bill, relevant authorities will be empowered to change the identity of a protected witness through the issue of new documents pertaining to the new identity of the witness.

However, the witness concerned will not be given any academic or professional qualifications which he does not have, or benefits to which he is not entitled.

The high level of approving authority in respect of any change of identity, i.e. personal recommendation by the Commissioner of Police or the Commissioner of the ICAC, and the Chief Executive's approval, would ensure that the scheme will not be abused.

It will be an offence liable to imprisonment under the Bill to disclose the following information under the WPP without lawful authority or reasonable excuse:

- details of the WPP;

- identity of any officer involved;

- identity or location of a witness in the WPP; and

- any information that compromise the security of a witness in the WPP.

The spokesman said a bill on witness protection was introduced into the then Legislative Council in July 1996.

The Bill received support from the LegCo at the time but it eventually lapsed because the then LegCo did not have time to study it, he noted.

The Witness Protection Bill now being proposed by the Government is basically the same as the one introduced in 1996.

The Bill will be gazetted on Friday (May 14) and introduced into the Legislative Council on May 26.

End/Wednesday, May 12, 1999.

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