Criminal Procedure
[1988 Ed.
Rules and orders as to practice and procedure
9. (1) The Chief Justice may make rules and orders regulating the practice and procedure under this Ordinance:
Provided that no such rules and orders shall be binding until the same have been approved by the Legislative Council and have been published in the Gazette.
(2) Such rules and orders may provide for regulating and prescribing forms to be used, the times for or within which documents must be filed or notices given, the duties of the various officers of the court, the manner in which cases and arguments are to be presented, and generally for the better carrying out of the provisions of this Ordinance. (Amended, 24 of 1950, Schedule and 15 of 1969, s. 2)
(3) Subject to the provisions of this Ordinance and to such rules and orders and any other enactment (including any enactment relating to juries) applicable thereto, the practice and procedure in all criminal causes and matters (including trials for treason or misprision of treason) shall be, as nearly as possible, the same as the practice and procedure from time to time and for the time being in force for similar cases in England.
(Replaced, 5 of 1933, s. 2)
Legal aid in criminal cases
9A. (1) The Chief Justice may, with the approval of the Legislative Council, make rules providing for the granting of legal aid in criminal cases to persons of limited means which rules, in particular, may-
(a) make provision as to the information to be given by a person seeking or receiving legal aid;
(b) make provision as to the manner in which the rate of a person's disposable income and the amount of his disposable capital are to be computed for the purpose of the rules and the person or authority by whom such computation shall be made;
(c) determine whether any resources are to be treated as disposable income or disposable capital and for taking into account fluctuations of income;
(d) determine the contribution towards costs and expenses to be made by a person receiving legal aid;
(e) determine the extent to which any resources of a person's husband or wife shall be treated as that person's resources for the purpose of the rules;
(f) provide, in relation to infants and in other special cases, for taking into account the resources of other persons;
(g) prescribe the scale of fees and costs which shall be paid to solicitor or counsel acting for an aided person (or submitting any opinion for the purpose of the rules);
(h) prescribe any forms to be used for the purpose of the rules.