1988 Ed.] The Rules of the Supreme Court—Order 68
[CAP. 4
judgment delivered by him, and, if any party so requires the note so taken shall be transcribed and such number of transcripts as any party may demand shall be supplied to him at the charges authorized by any scheme in force providing for the taking of official shorthand notes of proceedings in the High Court.
(2) Nothing in this rule shall be construed as prohibiting the supply of transcripts to persons not parties to the proceedings.
(3) The powers of the Court of Appeal under this Order may be exercised by a single judge of that Court or by the registrar of civil appeals.
Evidence when not to be transcribed (O. 68, r. 2)
2. (1) If the judge intimates that in the event of an appeal his note will be sufficient, the shorthand note of the evidence need not be transcribed for the purposes of an appeal.
(2) If the parties agree or the judge is of opinion that the evidence or some part of the evidence of any witness would, in the event of an appeal, be of no assistance to the Court of Appeal, the shorthand note of such evidence need not be transcribed for the purposes of an appeal.
(3) If any party requires a transcript of any such evidence as aforesaid the charge therefor shall be borne by that party in any event.
Payment for transcripts out of public funds: excepted proceedings
(O. 68, r. 3)
3. Rules 4 and 5 shall not apply in relation to a transcript of a note taken in proceedings in connection with which legal aid might have been given under the Legal Aid Ordinance whether or not such aid was given thereunder to any party to the proceedings.
Payment for transcripts for the Court of Appeal (O. 68, r. 4)
4. (1) An appellant shall not be required to pay for the transcript to which a certificate given under this rule relates but, except as aforesaid, any transcript required for the Court of Appeal shall be paid for by the appellant in the first instance.
(2) Where the judge by whom any such proceeding as is referred to in rule 1 was tried or heard or the Court of Appeal is satisfied that an appellant in that proceeding is in such poor financial circumstances that the cost of a transcript would be an excessive burden on him, and, in the case of a transcript of evidence, that there is reasonable ground for the appeal, the judge or the Court of Appeal, as the case may be, may certify that the case is one in which it is proper that the said cost should be borne by public funds.
(3) An application for a certificate under this rule must be made in the first instance to the judge; if the application is refused, the application (if any) to the Court of Appeal must be made within 7 days after the refusal.
A 261
[Subsidiary]
(Cap. 91.)