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THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933.
Notice of Application icr
extension of time for appealing.
Powers which may be exercised by a single Judge.
How Application
for leave to appeal
and other
Schedule to these Rules to the Registrar, and upon such Notice being given the appeal shall be deemed to have been dismissed by the Full Court.
21. An application to the Full Court for an extension of time within which Notices may be given, shall be in the form (IX) in the Schedule hereto. Every person making an ap- plication for such extension of time shall send to the Registrar together with the proper form of such application, a form, duly filled up, of Notice of Appeal, or of Notice of Application for leave to appeal, appropriate to the ground or grounds upon which he desires to question his conviction or sentence, as the case may be.
Proceedings before a Single Judge.
22.-(a) The powers of the Full Court under the Ordi- nance and these Rules to give leave to appeal, to extend the time within which notice of appeal or an application for leave to appeal may be given, to assign legal aid to an Appellant, to allow the Appellant to be present at any proceedings in cases where he is not entitled to be present without leave, and to admit an Appellant to bail, may be exercised by a Judge in the same manner as they may be exercised by the Full Court, and subject to the same provisions; but, if a Judge refuses an application on the part of the Appellant to exercise any such power in his favour, the Appellant shall be entitled to have the application determined by the Full Court as duly constituted for the hearing and determination of appeals.
(b) The powers of the Full Court under the Ordinance or these Rules to estreat the recognizances of an Appellant or those of his surety or sureties may be exercised by a Judge, but if a Judge shall order the estreat of a recognizance in the exercise of this power the Appellant or the surety or sureties affected by such order shall be entitled, on giving notice to the Registrar within four days after the date of such order, to have the order reviewed by the Full Court as duly constituted for the hearing and determination of appeals.
Notices of Applications.
23. (a) Notice of Appeal or Notice of Application for leave to appeal or for extension of time within which Notice of Appeal or Notice of Application for leave to appeal shall preliminary be given under the Ordinance in the forms in the Schedule applications
hereto, and the answers to the questions on forms (IV). (V), are to be dealt with.
(VI), (VII) and (VIII) which an Appellant is by these Rules required to make, in reference to legal aid being assigned to him, or to leave being granted to him to be present at the hearing of his appeal, shall be deemed to be applications to the Full Court in such matters respectively.
Procedure where Judge refuses applications under Rule 22.
(b) The Registrar when any application mentioned in this Rule has been dealt with by a Judge shall notify to the Appellant the decision. In the event of such Judge refusing all or any of such applications the Registrar on notifying such refusal to the Appellant shall forward to him form (XIII) in the Schedule hereto which form the Appellant is hereby re- quired to fill up and forthwith return to the Registrar. If the Appellant does not desire to have his said application or ap- plications determined by the Full Court as duly constituted for hearing of appeals or does not return within 5 days to the Registrar form (XIV) duly filled up by him, the refusal of his