197312-1933-Rules-made-by-the-Chief-Justice-under-section-10-of-the-Criminal-Procedure-Ordinance-1899 — Page 11

THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933. 325

Legal Aid to Prisoners in Capital cases

and Appellants.

cases and

32. The Chief Justice, or in his absence a l'uisne Judge, Legal Aid may in capital cases or in any case in which a question of law in capital is reserved under section 78 of the Criminal Procedure Ordi- appeals, nance, 1899, and the Full Court or a Judge under Rule 22 may at any time in any appeal or proceedings preliminary or in- cidental to an appeal in which, in the opinion of the Court, it appears desirable in the interests of justice that the Prisoner or Appellant should have legal aid, and that he has not sufficient means to enable him to obtain that aid, assign to a Prisoner or Appellant a Solicitor and Counsel, or Counsel only.

egal aid

33. The Registrar shall report to a Judge any case in Registrar which it appears to him that, although no application has been to report if made for the purpose, a Solicitor and Counsel, or Counsel only, should be ought to be assigned to an Appellant under these Rules, and given. any directions given thereupon by such Judge shall be final.

34. When legal aid is assigned to an Appellant, the Full Directions Court or a Judge may give such directions as to the stage of as to

Legal Aid, the appeal at which such legal aid shall commence and whether Counsel only, or Counsel and Solicitor, shall be assigned or otherwise as they or he may think right.

Copies of Documents for use of Appellants.

of Crown

may obtain from

35.-(a) At any time after Notice of Appeal or Notice of How Application for leave to appeal has been given under the Appellant Ordinance or these Rules, an Appellant or his Solicitor, or the Solicitor Crown Solicitor, may obtain from the Registrar copies of any ye documents or exhibits in his possession under the Ordinance Registrar or these Rules for the purposes of such appeal. Such copies copies of shall be supplied by the Registrar to the Appellant or his or exhibits. Solicitor at the same fees as are taken for copies in the original jurisdiction of the Supreme Court and such fees shall be paid by stamps.

documents

copies of

(b) Where Solicitor and Counsel, or Counsel only, are Appellant assigned to an Appellant under these Rules or where an may receive Appellant is not legally represented, copies of any documents documents or exhibits which they or he may request the Registrar to and supply shall with leave of a Judge be supplied by the Registrar on his without charge.

Procedure as to Witnesses before Full Court, and their Examination before Examiner.

exhibits free

request.

before Full

36.--(a) Where the Full Court have ordered any witness Attendance to attend and be examined before them under section 78A of witness (8) (b) of the Ordinance, an order in the form (XXV) in the Court. Schedule hereto shall be served upon such witness specifying the time and place at which to attend for such purpose.

(b) Such order may be made on the application at any Application time of the Crown or of the Appellant, but if the Appellant is 10 Court in custody and not legally represented the application shall be witnesses. made by him in the form (XXVI) in the schedule hereto.

to hear

Examiner.

(c) Where the Full Court order the examination of any Order witness to be conducted otherwise than before the Court itself, pointing such order shall specify the person appointed as examiner to take and the place of taking such examination and the witness or witnesses to be examined thereat,