XN000022-1995-06-14 — Page 48

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Intimidating witnesses liable to be prosecuted: AG

Those who try to intimidate witnesses or interfere with witnesses are liable to be prosecuted with the offence of attempting to pervert the course of public justice which carries a maximum penalty of seven years imprisonment, the Attorney General, the Hon Jeremy Mathews, said in the Legislative Council today (Wednesday).

Replying a question raised by the Hon James To, Mr Mathews said the courts were also equipped with the power to punish those who refuse to give evidence.

He said: "Under section 21(4) of the Magistrates Ordinance, if a person comes before a magistrate as a witness but refuses to be sworn, or, having been sworn, refuses to answer questions put to him, he is liable to be imprisoned for a period of up to 12 months.

"Section 36 of the Criminal Procedure Ordinance confers a similar power on the High Court and District Court to punish such witnesses for contempt of court up to a maximum period of two years' imprisonment," he added.

Mr Mathews said the Government was making every effort to ensure that witnesses would be given adequate protection and assurance where necessary.

"The Police have in place a wide range of witness protection arrangements. A Police Central Witness Protection Unit has been set up to implement and co-ordinate these arrangements," he said.

In addition, the Criminal Procedure (Amendment) Bill 1995 now being studied by the Legislative Council contained proposals which would enable witnesses in fear to give evidence in all levels of court through live television link, Mr Mathews said.

The Attorney General said it was a civic duty of every citizen to give true and full evidence in legal proceedings,

"The Government has published posters and leaflets to assure the public of their rights as a witness and to give sensible and useful guidance to witnesses as to what is expected of them when giving evidence in court," he said.

There were also Announcements of Public Interest and television programmes like "Crime Watch" and "Police Magazine" to encourage witnesses to come forward to testify in court, he noted.

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