THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933.
success of
(d) An Appellant who has been sentenced to the payment Fine to be of a fine, and has paid the same or any part thereof in accord- repaid on ance with such sentence, shall, in the event of his Appeal being Appeal. successful, be entitled, subject to any order of the Full Court, to the return of the sum or any part thereof so paid by him.
under this
be dealt
with.
(e) If an Appellant to whom Rule 7 (c) applies, does not How serve in accordance with these rules, a Notice of Appeal upon committing
Appellant grounds of law alone, or with the Certificate of the Trial Judge breach of upon any grounds mentioned in Section 78A (1) (b) or (c) of recognizance the Ordinance, within 10 days from the date of his conviction Rule may and sentence, the Registrar shall report such omission to a Judge and the Full Court may, after notice in the forms (XXII) and (XXIII) in the Schedule hereto has been given to the Appellant and his sureties, if any, order an estreat of the recognizances of the Appellant and his sureties in manner pro- vided by Rule 26 (p) hereof, and may issue a warrant for the apprehension of the Appellant, and may commit him to prison in default of payment of his fine, or may make such other order as they think right.
Custody of Exhibits used at Trial.
exhibits.
8. Except in so far as the Trial Judge shall direct, all Custody of exhibits in the case shall remain in the custody of the Registrar, or of such other person as the Registrar directs, pending any appeal or the final determination of an appeal.
Order made at Trial. Consequential Orders and Suspension of same pending Appeal.
made by
9.-(a) Where, on the conviction of a person, the Trial Suspension Judge makes an order under sections 72, 73, 79 or 80 of the of orders Ordinance, the operation of any such order shall be suspended Trial Judge. until the expiration of 10 days after the day on which such order was made, and when Notice of Appeal or Notice of Application for leave to appeal or Notice of Application for extension of time within which to appeal is given the operation of any such order shall be further suspended until the deter- mination of the appeal. Provided that the Trial Judge may direct that the operation of any order made under section 73 of the Ordinance shall not be suspended unless the person on whom such order has been made shall give to the satisfaction of the Registrar security for the payment to the person in whose favour such order shall have been made of the amount therein named.
of orders.
(b) The Full Court may by order annul any order to Annulment which this Rule refers on the determination of any appeal under or variation the Ordinance, or may vary such order, and such order, if annulled, shall not take effect, and, if varied, shall take effect. as so varied.
be heard
(c) Any person affected by any orders which are suspend- Persons ed under this Rule may, with the leave of the Full Court, be affected may heard on the final determination of any appeal, before any on appeal. such orders are annulled or varied by the Full Court.
(d) The Registrar shall keep a record of any orders to Record of which this Rule refers and any orders of the Full Court annul- orders. ling or varying the same.
317