CAP. 221]
[r. 9 cont.]
Annulment or variation of orders.
Persons affected may be heard on appeal.
Record of orders.
Non-suspension of orders for restitution, etc., to be subject to property or a sample, etc., being necessary for purposes of appeal.
(Cap. 26.)
Criminal Procedure.
Ordinance, the operation of any such order shall be suspended until the expiration of ten days after the day on which such order was made, and when notice of appeal or notice of application for leave to appeal or notice of application for extension of time within which to appeal is given the operation of any such order shall be further suspended until the determination of the appeal: Provided that the trial judge may direct that the operation of any order made under section 75 of the Ordinance shall not be suspended unless the person on whom such order has been made shall give to the satisfaction of the Registrar security for the payment to the person in whose favour such order shall have been made of the amount therein named.
(2) The Full Court may by order annul any order to which this rule refers on the determination of any appeal under the Ordinance, or may vary such order, and such order, if annulled, shall not take effect, and, if varied, shall take effect as so varied.
(3) Any person affected by any orders which are suspended under this rule may, with the leave of the Full Court, be heard on the final determination of any appeal, before any such orders are annulled or varied by the Full Court.
(4) The Registrar shall keep a record of any orders to which this rule refers and any orders of the Full Court annulling or varying the same.
10. Where the trial judge is of opinion that the title to any property the subject of an order of restitution made on a conviction of a person before him, or any property to which the provisions of subsection (1) of section 26 of the Sale of Goods Ordinance, apply is not in dispute, he, if he shall be of opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal, shall give such directions to or impose such terms upon the person in whose favour the order of restitution is made or in whom such property revests under such subsection as he shall think right in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal.
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CAP. 221]
[r. 9 cont.]
Annulment or variation of orders.
Persons affected may be heard on appeal.
Record of orders.
Non-
suspension of orders for restitution, etc., to be subject to
property or a sample, etc., being necessary
for purposes of appeal.
(Cap. 26.)
Criminal Procedure.
Ordinance, the operation of any such order shall be suspended until the expiration of ten days after the day on which such order was made, and when notice of appeal or notice of application for leave to appeal or notice of applica- tion for extension of time within which to appeal is given the operation of any such order shall be further suspended until the determination of the appeal: Provided that the trial judge may direct that the operation of any order made under section 75 of the Ordinance shall not be suspended unless the person on whom such order has been made shall give to the satisfaction of the Registrar security for the pay- ment to the person in whose favour such order shall have been made of the amount therein named.
(2) The Full Court may by order annul any order to which this rule refers on the determination of any appeal under the Ordinance, or may vary such order, and such order, if annulled, shall not take effect, and, if varied, shall take effect as so varied.
J
(3) Any person affected by any orders which are sus- pended under this rule may, with the leave of the Full Court, be heard on the final determination of any appeal, before any such orders are annulled or varied by the Full Court.
(4) The Registrar shall keep a record of any orders to which this rule refers and any orders of the Full Court annulling or varying the same.
10. Where the trial judge is of opinion that the title to any property the subject of an order of restitution made on a conviction of a person before him, or any property to which the provisions of subsection (1) of section 26 of the Sale of Goods Ordinance, apply is not in dispute, he, if he shall be of opinion that such property or a sample or portion or facsimile representation thereof is reasonably necessary to be produced for use at the hearing of any appeal, shall give such directions to or impose such terms upon the person in whose favour the order of restitution is made or in whom such property revests under such subsection as he shall think right in order to secure the production of such sample, portion or facsimile representation for use at the hearing of any such appeal.
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