316
Notices,
&c., on behalf of Corpora- tions.
Record of Case.
THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933.
Judge's Certificate under s. 78A (1) (b) or (c).
Judge's Certificate may be
given at
trial without application.
Where fine imposed on
be retained
(e) In the case of a body corporate where by the Ordi- nance or these Rules any notice or other document is required to be signed by the Appellant himself, it shall be sufficient com- pliance therewith if such notice or other document is signed by the Secretary, Clerk, Manager, or Solicitor of such body corporate.
Record of Case.
5. The record of an appeal case for the purposes of the Full Court shall comprise the notes of the Trial Judge and such other matter as the Trial Judge, or, in his absence, the Full Court, may direct.
Certificate of Trial Judge.
6. (a) The certificate of the Trial Judge under section 78A (1) (b) or (c) of the Ordinance may be in the form (1A) or (1B) in the schedule to these Rules.
(b) The Trial Judge may, in any case in which he con- siders it desirable so to do, inform the person convicted before or sentenced by him that the case is in his opinion one fit for an appeal to the Full Court under section 78A (1) (b) or (c), and may give to such person a certifiecate to that effect in the form (1A) or (1B) in the Schedule to these Rules.
Appeals where fine only is inflicted.
7.--(a) Where a person has, on his conviction, been conviction to sentenced to payment of a fine, and in default of payment to imprisonment, the person lawfully authorised to receive such fine shall, on receiving the same, retain it until the determina- tion of any Appeal in relation thereto.
pending
Appeal.
Person in
custody in default of
payment of fine, deemed to be
person sentenced to imprison-
:ment.
(b) If such person remains in custody in default of pay- ment of the fine, he shall be deemed, for all purposes of the Ordinance or these Rules, to be a person sentenced to im- prisonment.
Person fined may in
intimate
appeal, and
not pay
fine. Power
of Trial Judge in
such cases to impose recogniz-
Lances.
(c) Where any person has been convicted and is there- certain cases upon sentenced to the payment of a fine, and, in default of such payment, to imprisonment and he intimates to the Trial Judge that he is desirous of appealing against his conviction to the Full Court, upon grounds of law alone, or, against his con- viction or sentence with the Certificate of the Trial Judge, upon any grounds mentioned in Section 78A (1) (b) or (c) of the Ordinance, such Judge may, if he thinks right so to do, order such person forthwith to enter into recognizances in such amount, and with or without sureties in such amount as such Judge may think right, to prosecute his appeal. And, subject thereto, the Trial Judge may order that payment of the said fine shall be made at the final determination of his said appeal, if the same be dismissed, to the Registrar, or as the Full Court may then order. The recognizance under this Rule, shall be in the forms (XX) and (XXI) in the Schedule hereto. A surety becoming duly bound by recognizance under this Rule, shall be deemed to be, for all purposes, and shall have all the powers of a surety under the provisions of Rule 26.
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