197312-1933-Rules-made-by-the-Chief-Justice-under-section-10-of-the-Criminal-Procedure-Ordinance-1899 — Page 13

THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933.

Cause Lists.

38.—(a) The Registrar shall keep a Register, in such Register of form as he think right, of all cases in which he shall receive a be kept

Appeals to Notice of Appeal, or Notice of Application for leave to appeal by the

Registrar. under the Ordinance, which Register shall be open for public inspection in such place and at such hours as the Registrar, subject to the approval of the Chief Justice, shall consider

convenient.

general list

(b) The Registrar shall also take the necessary steps for Registrar preparing from time to time, a general list of cases to be dealt to keep. with by the Full Court when fully constituted for hearing of appeals. appeals or for considering applications which a Judge has, when sitting, under Rule 22, refused to grant, and shall cause such list to be published at such times in such a manner and at such places as subject to the approval of the Chief Justice he shall think convenient for giving the notice to any parties in- terested, of the hearing of such cases by the Full Court.

(c) The Registrar shall also prepare from such general List of list a list of appeals and applications which have been refused cases for

sittings of by a Judge when sitting under Rule 22, which the Full Court Court. may consider on the days on which the Full Court as fully Notices to constituted shall sit, and shall cause such list to be published Appellants at such times, in such places, and in such a manner as he, in custody. subject to the approval of the Chief Justice, shall think con- venient for giving the notice to any parties interested therein of the hearing of the cases in such list by the Full Court. Provided that, where an Appellant is in custody and has ob- tained leave or is entitled to be present at the hearing and determination of his application or appeal, the Registrar shall notify the Appellant and the Superintendent of Prisons of the probable day on which his appeal or application will be heard,

Miscellaneous Provisions.

provided for

39. (a) Except where otherwise provided in these Application Rules, any application to the Full Court may be made by the not specially Crown or by the Appellant or by Counsel on his behalf, orally how made. or in writing, but in regard to such applications if the Appellant is unrepresented and is in custody and is not entitled or has not obtained leave to be present before the Court, he shall make any such application by forwarding the same in writing to the Registrar, who shall take the proper steps to obtain the 'decision of the Court thereon.

(b) In all proceedings before a Judge under Rule 22 and Audience of in all preliminary and interlocutory proceedings and applica- Solicitors. tions except such as are heard before the Full Court, the parties thereto may be represented and appear by a Solicitor alone.

40. When the Full Court have heard and dealt with any application under the Ordinance or these Rules, the Registrar shall (unless it appears to him unnecessary so to do) give to the Appellant (if he is in custody and has not been present at the hearing of such application), notice of the decision of the Full Court in relation to the said application.

Notice by Registrar to Appellant of results of all applications.

with Rules

41. Non-compliance on the part of an Appellant with Non- these rules or with any rule of practice for the time being in compliance force under the Ordinance, shall not prevent the further pro- not wilful secution of his appeal if the Full Court or a Judge under Rule may be 22 consider that such non-compliance was not wilful, and that Court.

waived by

327

1