197312-1933-Rules-made-by-the-Chief-Justice-under-section-10-of-the-Criminal-Procedure-Ordinance-1899 — Page 1

THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933.

No. 331.

Rules made by the Chief Justice of the Supreme Court of Hong Kong under section 10 of the Criminal Procedure Ordinance, 1899, Ordinance No. 9 of 1899, as enacted by the Criminal Procedure Amendment Ordinance, 1933, Ordinance No. 5 of 1933.

Interpretation of Rules.

1. These Rules may be cited as the Criminal Appeal Citation. Rules, 1933.

2. The expression "The Ordinance" shall mean the Definitions. Criminal Procedure Ordinance, 1899, as amended by the Criminal Procedure Amendment Ordinances, 1930, 1931 and 1933.

3. The forms set out in the Schedule to these Rules, or Scheduled forms as near thereto as circumstances permit, shall be used Forms to in all cases to which such forms are applicable.

Notices of Appeal.

4. (a) Every Notice of Appeal or Notice of Application for leave to appeal or Notice of Application for extension of time within which such Notice shall be given under the Ordi- nance shall be signed by the Appellant himself, except under the provisions of paragraphs (d) and (e) of this Rule or where otherwise authorised by the Full Court or a Judge.

Any other Notice required or authorised to be given for the purposes of the Ordinance or these Rules shall be in writing and signed by the person giving the same or by his Solicitor. All Notices required or authorised to be given for the purposes of the Ordinance or these Rules to the Full Court shall be addressed to "The Registrar, Courts of Justice, Hong Kong".

be used.

Notices of Appeal to be signed by Appellant and ad- Registrar.

dressed to

&c., may

(b) Any notice or other document which is required or How authorised by the Ordinance or these Rules to be given or sent Notices, shall be deemed to be duly given or sent if forwarded by Re- be sent gistered Post addressed to the person to whom such notice or other document is so required or authorised to be given or sent.

or given.

Appellant

(c) When an Appellant or any other person authorised or Where required to give or send any notice of appeal or notice of any unable to application for the purposes of the Ordinance or of these Rules write. is unable to write he may affix his mark thereto in the presence of a witness who shall attest the same and thereupon such notice shall be deemed to be duly signed by such Appellant,

Appellants' representa tive may act for him

(d) Where, on the trial of a person who is entitled or may be authorised to appeal under the Ordinance, it has been con- tended that he was not responsible according to law for his actions on the ground that he was insane at the time the act where was done or the omission made by him, any notice required insanity by these Rules to be given and signed by the Appellant himself involved. may be given and signed by his Solicitor or other person au- thorised to act on his behalf.

question of

315