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police prosecutors. In all criminal cases the onus is on the Crown to prove charge beyond all reasonable doubt.
All cases are conducted in English and translated into the language of the defendant. This service is provided free by the Hong Kong Government which has a panel of full-time interpreters, as well as a panel of lay persons who are available in the event of a defendant's language being other than one known to the full-time interpreters. The right to interpretation is automatic.
Petitions are filed by handing the same direct to the Governor.
147. Can "ex gratia" payments for wrong convictions be claimed? (SR 162 Paragraph 11)
Where, after a person has been convicted by a final decision of a criminal offence and, as a
as a result of the emergence of fresh information, the conviction is found to be wrong, ex gratia payment out of public funds is normally made. This does not apply in the case of acquittal in the normal course of trial and appeal, but only in cases where the Governor, in the light of the fresh information, either grants a free pardon or refers the case to the Court of Appeal, and the Court either quashes the conviction or orders a retrial which results in an acquittal.
148. Further clarification of recourse procedures. For example, does everyone convicted of a crime have the right to have his conviction and sentence reviewed by a higher tribunal as specified in Article 14, Paragraph 5. (SR 162 Paragraph 85)
A convicted person may appeal to the High Court from the decision of a magistrate's court without leave. The remaining paragraphs of this answer relate only to appeals to the Court of Appeal from proceedings on indictment.
A person may not appeal against his sentence without leave. In the case of an appeal against conviction, if it is based on any ground which involves a question of law alone, appeal lies without leave. If it is based on any ground which involves a question of fact or a question of mixed law and fact, leave of the Court of Appeal is required unless the trial judge certifies that the case is fit for appeal. The requirement of the trial judge's certificate or leave to appeal is to ensure that there is a triable issue for the Court of Appeal to consider and that the appeal is not on frivolous or vexatious grounds. The certificate or leave to appeal are granted
in most cases.
A person who wishes to appeal to the Court of Appeal against his conviction or sentence or to obtain leave to appeal, if necessary: shall give the Registrar notice of appeal or as the case may be, notice of application for leave to appeal. Such notice shall be in writing, signed by the appellant and given within 28 days from the date of conviction, verdict or finding appealed against, or, in the case of appeal against sentence;
from the date on which sentence
was passed. The Court of Appeal may extend the time for giving
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