THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933.
application or applications by such Judge shall be final. If the Appellant desires that his said application or applications shall be determined by the Full Court as duly constituted for the hearing of appeals he may, if the Full Court give him leave, be present at the hearing and determination by the Full Court of his said application.
When an Appellant duly fills up and returns within the prescribed time to the Registrar form (XIV) expressing a desire to be present at the hearing and determination by the Full Court of the applications mentioned in this Rule, such forin shall be deemed to be an application by the Appellant for leave to be so present. And the Registrar, on receiving the said form, shall take the necessary steps for placing the said ap- plication before the Full Court. If the said application to be present is refused by the Full Court, the Registrar shall notify the Appellant; and if the said application is granted, the Re- gistrar shall notify the Appellant and the Superintendent of Prisons, as provided by these Rules. For the purpose of con- stituting a Full Court the Judge who has refused any such application may sit as a member of such Court, and take part in determining such application.
(c) A Judge sitting under the provisions of Rule 22 may sit and act wherever convenient.
Duties of the Registrar.
Sittings of a Judge under Rule 22.
to send copies of
24. When the Registrar has received a Notice of Appeal, or Notice of Application for leave to appeal under the Ordi- Registrar nance, or a Notice of Application for extension of the time within which under the Ordinance such Notices shall be given, Notices he shall forthwith send a copy of such Notice to the Crown Solicitor.
Solicitor.
Function of the Attorney General.
to Crown
25.-(a) If in any case the Attorney General is of opin- ion that the appeal is frivolous or vexatious and can properly Frivolous be determined without the appearance of the Crown he shall vexatious deliver to the Registrar his certificate to that effect.
and
appeals.
(b) If in any case the Attorney General is of opinion that the Crown should not appear and oppose the appeal he shall Unopposed deliver to the Registrar his certificate to that effect.
(c) Save where the Attorney General shall deliver his certificate as provided by this rule the Crown shall appear and defend every appeal.
Procedure on applications for Bail: Rights of Sureties; Estreat of Recognizances.
appeal.
Defence of
Appeals.
Full
26. (a) When the Full Court under the Ordinance ad- mits an Appellant to bail pending the determination of his Bail. appeal on an application by him duly made in compliance with Court to
specify these Rules, the Court shall specify the amounts in which the amount and Appellant and his surety or sureties (if any be required) shall whom be bound by recognizance, and shall direct, if they think right recogniz so to do, before whom the recognizances of the Appellant and ces to his surety or sureties (if any) may be taken.
.
before
be taken.
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