197312-1933-Rules-made-by-the-Chief-Justice-under-section-10-of-the-Criminal-Procedure-Ordinance-1899 — Page 8

322

THE HONG KONG GOVERNMENT GAZETTE, MAY 12, 1933.

Appellant's recogniz- ances to be taken before a Justice or Superin.

tendent of Prisons. Surety's re- cognizances before

Registrar or Magistrate.

Appellant

and Super-

(b) In the event of the Full Court not making any special order or giving special directions under this Rule, the recogni- zances of the Appellant may be taken before a Justice of the Peace or the Superintendent of Prisons, and the recognizances of his surety or sureties (if any) may be taken before the Registrar or a Magistrate.

(c) The Registrar shall notify to the Appellant and to the intendent of Superintendent of Prisons, the terms and conditions on which the Court shall admit the Appellant to bail under the Ordinance.

Prisons to

receive

notice of

terms of

bail.

Police to assist

Registrar or Magistrate in inquiring as to surety's

sufficiency.

(d) The Registrar or Magistrate shall be entitled to re- quire the assistance of the Police for the purpose of making inquiry as to the sufficiency or otherwise of any person offering himself as a surety on behalf of any Appellant who has, under the Ordinance, been granted bail, and it shall be the duty of such Police to give such assistance to and as and when required by the Registrar or a Magistrate under this Rule.

Appellant's

(e) After the recognizance of a surety has been duly and surety's recogniz-

taken under these Rules by a Magistrate such Magistrate shall ances to be

forward such recognizance to the Registrar, and the Super- forwarded to Registrar.

intendent of Prisons shall, after the Appellant's recognizance Registrar or

has been duly taken in pursuance of this Rule, forward the Magistrate to give surety

same to the Registrar. The Registrar or Magistrate shall after certificate of the recognizance of a surety is taken give to him a certificate in the form (XV) in the Schedule hereto, which such surety shall sign, and retain.

recogniz.

ances.

Registrar on receiving re- cognizances in due form

to notify the Superin- tendent of

Prisons to release Appellant.

Form of re- cognizance.

Presence of Appellant on bail at hearing of his appeal.

Varying order for bail, by Full Court.

(f) The Registrar on being satisfied that the recognizances of the Appellant and his surety or sureties (if any) are in due form and in compliance with the order of the Court admitting the Appellant to bail, shall send in the form (XII) in the Schedule to these Rules a notice to the Superintendent of Prisons. This notice, when received by the said Superinten- dent, shall be a sufficient authority to him to release the Appellant from custody.

(9) The Recognizances provided for in this Rule, shall be in the forms (X) and (XI) in the Schedule hereto.

(h) An Appellant who has been admitted to bail under the Ordinance shall, by the order of the Full Court or a Judge under which he was so admitted to bail, be ordered to be and shall be personally present at each and every hearing of his appeal, and at the final determination thereof. The Full Court may, in the event of such Appellant not being present at any hearing of his appeal, if they think right so to do, decline to consider the appeal, and may proceed summarily to dismiss the same, and may issue a Warrant for the apprehension of the Appellant in the form (XIX) in the Schedule hereto. Provided that the Full Court may consider the appeal in his absence, or make such other order as they think right.

(i) When an Appellant is present before the Full Court such Court may on an application made by any person, or if they think right so to do, without any application make any order admitting the Appellant to bail, or revoke or vary any such order previously made, or enlarge from time to time the

i

}