Criminal Procedure.
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.
[CAP. 221
solicitors.
(2) In all proceedings before a judge under rule 22 and Audience of in all preliminary and interlocutory proceedings and applications 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 has 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.
41. Non-compliance on the part of an appellant with these rules or with any rule of practice for the time being in force under the Ordinance shall not prevent the further prosecution of his appeal if the Full Court or a judge under rule 22 considers that such non-compliance was not wilful, and that the same may be waived or remedied by amendment or otherwise. The Full Court or a judge under rule 22 may, in such manner as it or he thinks right, direct the appellant to remedy such non-compliance, and thereupon the appeal shall proceed. The Registrar shall forthwith notify to the appellant any directions given by the court or the judge under this rule, where the appellant was not present at the time when such directions were given.
A
Notice by appellant of applications.
Registrar to
results of all
compliance
Non- with rules may be court.
not wilful
waived by
duties under
42. The performance of any duty imposed upon any Enforcing person under the Ordinance or these rules may be enforced rules. by order of the Full Court.
secure
appellant.
43. An appellant who is in custody may, at any time warrant to before the determination of his appeal, be brought before attendance of the Full Court or any judge, examiner or special commissioner by warrant under the hand of the Registrar in Form XXXII in the Schedule.
33-
Page 20
Page 21
[CAP. 221]
Criminal Procedure.
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.
[CAP. 221
solicitors.
(2) In all proceedings before a judge under rule 22 and Audience of in all preliminary and interlocutory proceedings and applications 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 has 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.
41. Non-compliance on the part of an appellant with these rules or with any rule of practice for the time being in force under the Ordinance shall not prevent the further prosecution of his appeal if the Full Court or a judge under rule 22 considers that such non-compliance was not wilful, and that the same may be waived or remedied by amendment or otherwise. The Full Court or a judge under rule 22 may, in such manner as it or he thinks right, direct the appellant to remedy such non-compliance, and thereupon the appeal shall proceed. The Registrar shall forthwith notify to the appellant any directions given by the court or the judge. under this rule, where the appellant was not present at the time when such directions were given.
A
Notice by appellant of applications.
Registrar to
results of all
compliance
Non- with rules may be court.
not wilful
waived by
duties under
42. The performance of any duty imposed upon any Enforcing person under the Ordinance or these rules may be enforced rules. by order of the Full Court.
secure
appellant.
43. An appellant who is in custody may, at any time warrant to before the determination of his appeal, be brought before attendance of the Full Court or any judge, examiner or special commis- sioner by warrant under the hand of the Registrar in Form XXXII in the Schedule.
33-
Page 20Page 21
!
CAP. 221]
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