318
Non-
THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933.
suspension of to
Orders for
&c., to be 'subject to
property or a sample, &c., being nocessary for pur- poses of Appeal.
10. Where the Trial Judge is of opinion that the title any property the subject of an order of restitution Restitution, made on a conviction of a person before him, or any property to which the provisions of sub-section 1 of Section 24 of the Sale of Goods Ordinance, 1896, apply, is not in dispute, he, if he shall be of opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any Appeal, shall give such directions to or impose such terms upon the person in whose favour the order of restitution is made, or in whom such property revests under such sub-section as he shall think right in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such Appeal.
Judge's directions as to
property of convicted
person
pending appeal.
Suspension of dis;
consequent
on convic- tion.
11. (a) Where the Trial Judge makes any such Order on a person convicted before him, as in Rule 9 mentioned, he shall give such directions as he thinks right as to the retention by any person of any money or valuable securities belonging to the person so convicted and taken from such person on his apprehension or of any money or valuable securities at the date of his conviction in the possession of the prosecution for the period of ten days, or in the event of an appeal, until the determination thereof by the Full Court. The Registrar shall keep a record of any directions given under this Rule.
(b) Where upon conviction of any person of any offence qualifications any disqualification, forfeiture or disability attaches to such person by reason of such conviction, such disqualification, forfeiture or disability shall not attach for the period of ten days from the date of the verdict against such person nor in the event of an appeal under the Ordinance to the Full Court, until the determination thereof.
Suspension
of order for destruction
(c) The operation of any Order made, on a conviction, by the Trial Judge under any Ordinance for the destruction or or forfeiture forfeiture of any thing which is the subject of the prosecution of property. or connected therewith shall be suspended in like manner as
the orders referred to in Rule 9 (a).
Suspension
of proceed-
ings or claims consequent
on convic- tion.
Period of suspension of orders under
s. 78A(5) (e) of
Ordinance.
Judge's note to be
furnished to
any
offence,
(d) Where, upon conviction of any person of any claim may be made or any proceedings may be taken under any Ordinance against such person or any other person in consequence of such conviction, such proceedings shall not be taken until after the period of 10 days from the date on which the verdict against such person was returned nor in the event of an appeal under the Ordinance to the Full Court, until the determination thereof.
12. The time during which an Order of Restitution or the operation of sub-section 1, of Section 24 of the Sale of Goods Ordinance, 1896, is suspended under Section 78A (5) (e) of the Ordinance, shall commence to run from the day on which the Verdict of the Jury was returned, and, in cases where Notice of Appeal or Notice of Application for leave to appeal is duly given within 10 days after such day, the period of suspension of such order or of the operation of the sub- section shall continue until the determination of the appeal.
Notes and Report of Trial Judge.
13. The Registrar when he has received a Notice of Appeal, or a Notice of Application for leave to appeal under the Registrar the Ordinance, or a Notice of Application for extension of the on request. time within which under the Ordinance such notices shall be
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