1982 Ed.]

Criminal Appeal Rules

[CAP. 221

21. (1) An appellant to whom rule 19 applies shall serve, in accordance with these rules-

(a) a notice of appeal against his conviction, upon grounds of law alone or with the certificate of the trial judge upon any grounds mentioned in section 82(2) of the Ordinance; or

(b) a notice of application for leave to appeal against his sentence under section 83G or 83H of the Ordinance,

within 10 days from the date of his conviction or sentence, as the case may be.

(2) If an appellant fails to comply with paragraph (1), the Registrar shall report such omission to a judge; and the Court of Appeal may, after notice in Forms IV and V has been given to the appellant and his sureties, if any-

(a) order the forfeiture of the recognizances of the appellant

and his sureties in the manner provided by rule 55;

(b) issue a warrant for the apprehension of the appellant;

(c) commit him to prison in default of payment of his fine; and

(d) make such other order as it thinks right.

CUSTODY OF EXHIBITS

22. Save as the trial judge shall otherwise direct, all exhibits in a case shall remain in the custody of the Registrar, or of such other person as the Registrar directs, pending an appeal or the final determination of an appeal.

Orders Made at TRIAL

23. (1) Where, on the conviction of a person, the trial judge makes an order under section 72, 73 or 84 of the Ordinance, the operation of any such order shall be suspended until the expiration of 10 days after the day on which it was made, or such longer period as may be permitted for giving notice of appeal under section 83Q(6) of the Ordinance.

(2) 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 determination 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 the order was made of the amount therein named.

A 7

[Subsidiary]

Breach of recognizance.

Forms IV and V

Custody of exhibits.

Suspension of orders made by trial judge.

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