Criminal Procedure (Applications under Section 16) Rules
[CAP. 221
UNIVERSITY OF HONG KONG
CRIMINAL PROCEDURE (APPLICATIONS UNDER SECTION 16) RULES
(Cap. 221, section 9)
[Subsidiary]
L.N. 401 of 1983.
[23 December 1983.]
1. These rules may be cited as the Criminal Procedure (Applications under Section 16) Rules.
Citation.
2. In these rules-
"application" means an application for discharge under section 16; "applicant" means the person making application.
3. The date of hearing of an application shall be determined by the Registrar in consultation with the applicant and the applicant shall, before giving notice of his application in accordance with rule 5, first obtain from the Registrar such a determination.
4. The notice of application shall be in the form prescribed in the Schedule or as near thereto as circumstances permit, and shall-
(a) be signed by the applicant;
(b) set out the grounds of the application particularizing in full why it is alleged no prima facie case is disclosed;
(c) give an address at which notices relating to the application may be served on the applicant.
5. Subject to any direction which the Registrar may give to the contrary, the notice of application shall be given not less than 14 days before the date of hearing thereof to the Attorney General.
6. An applicant may, at any time before the hearing thereof, abandon his application by giving notice of abandonment thereof to the Registrar, to the Attorney General and, if he is in custody, the Commissioner of Correctional Services; and upon such notice being received by the Registrar, the application shall be deemed to have been dismissed.
7. The judge hearing an application may, if at the close of the argument he does not on that day deliver his decision and the reasons therefor-
(a) announce his decision and state that the reasons therefor will be given at a later date; or
(b) announce that he is reserving his decision and reasons therefor to a later date.
Interpretation.
Date of hearing of application.
Form of application. Schedule.
Service on Attorney General.
Abandonment of application.
Reserved decisions or reasons.