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

324 THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933.

appeal, be

Appellant to (b) An Appellant who is not in custody, shall, whenever surrender on his case is called on before the Full Court, surrender himself searched, and to such persons as the Court shall from time to time direct, and thereupon shall be searched by them, and shall be deemed further dealt to be in their lawful custody until further released on bail or

otherwise dealt with as the Court shall direct.

remain in custody until

with.

Registrar to keep documents,

exhibits, &c., for purposes

of appeal, and same to be open for inspection.

Full Court may order production

29. (a) The Registrar shall keep available for use by the Full Court any documents, exhibits, or other things relating to the proceedings before the Court, and pending the deter- mination of the appeal, such documents, exhibits, or other things shall be open as and when the Registrar may arrange, for the inspection of any party interested.

(b) The Full Court or any Judge may, at any stage of an appeal, whenever they or he may think it necessary or ex- pedient in the interest of justice so to do, on application by any exhibits &c. party to an appeal, order any document, exhibit, or other

of any

document or

Service of orders.

Exhibits to

which Rule 8 relates to be returned

to persons producing the same subject to order of Court.

On final deter.

mination

thing connected with the proceedings, to be produced to the Registrar or before the said Court, by any person having the custody or control thereof. Any order made under this Rule may be served as in this Rule provided.

(c) Service of any order made under this Rule shall be personal service, unless the Court or the Judge aforesaid other- wise order, and for the purpose of effecting due service thereof the Registrar may require the assistance of the Police and may forward the order together with instructions to the Inspector General of Police; and it shall be the duty of the Inspector General of Police to carry out any directions of the Registrar under this Rule.

Exhibits in Court of Trial, how dealt with.

30. Exhibits, other than such documents as are usually kept by the Registrar shall, after the determination of the appeal and subject to any order which the Full Court may make, be returned to the person who originally produced the same, provided that any such exhibit as to which an order for restitution may have been made by the Trial Judge or the property in which may re-vest on conviction under the provi- sions of sub-section 1 of section 24 of the Sale of Goods Ordinance, 1896, shall not be so returned except under the direction of the Full Court.

Notifying Result of Appeals.

31.- (a) On the final determination of any appeal under the Ordinance or of any matter under Rule 22, the Registrar of appeals, shall give to the Appellant, if he is in custody and has not been &c. Registrar to notify

present at such final determination, and to the Colonial Appellant Secretary, and to the Superintendent of Prisons notice of such intendent of determination in the forms (XXVIII), (XXIX), (XXX) and (XXXI) respectively provided for such cases in the Schedule hereto.

and Super-

Prisons.

In cases of death

rentence, Notice of Appeal and of final determina- tion to be

sent to the Colonial Secretary.

(b) In any case of an appeal in relation to a conviction involving sentence of death, the Registrar shall on receiving the Notice of Appeal or of Application for leave to appeal, send a copy thereof to the Colonial Secretary and on the final determination of any such appeal by the Full Court shall forth- with notify the Appellant, the Colonial Secretary and the Superintendent of Prisons..

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