1964_CRIMINAL_APPEAL_RULES — Page 10

HK Historical Laws 香港歷史法例 All AI Reviewed

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A 10

CAP. 221]

[Subsidiary]

Notice of application for leave to appeal.

Abandonment of appeal.

Form VII.

Criminal Appeal Rules

[1982 Ed.

38. Where the Court of Appeal has given an appellant leave to appeal, it shall not be necessary for the appellant to give any notice of appeal and the notice of application for leave to appeal shall be deemed to be a notice of appeal.

39. An appellant may, at any time before the hearing thereof, abandon his appeal by giving notice of abandonment thereof to the Registrar in Form VII, and upon such notice being received by the Registrar the appeal shall be deemed to have been dismissed by the Court of Appeal.

Powers exercised by single judge.

PROCEEDINGS BEFORE A Single Judge

40. (1) The powers conferred on a single judge by section 83Y of the Ordinance may be exercised by the judge on a written application and in the absence of the parties.

(2) A judge may, when exercising the powers conferred by section 83Y of the Ordinance, sit and act wherever and whenever may be convenient to him.

Forms of application.

Forms VIII, IX, X, and XI.

Procedure where judge refuses applications

under rule 41. Form XII.

Form XIII.

Copies of

notices to be

sent to Attorney General.

NOTICES OF APPLICATIONS

41. Notice of appeal, or notice of application for leave to appeal or for extension of the time within which notice of appeal or notice of application for leave to appeal is required to be given under the Ordinance, shall be in such one of Forms VIII, IX, X and XI as is appropriate.

42. (1) The Registrar shall, when any application mentioned in rule 41 has been dealt with by a judge, notify the decision to the appellant on Form XII.

(2) If the judge refuses all or any of such applications the Registrar, on notifying such refusal to the appellant, shall forward to him Form XIII which form the appellant is hereby required to fill up and forthwith return to the Registrar.

(3) If the appellant does not desire to have his applications determined by the Court of Appeal, or does not return Form XIII duly filled up by him to the Registrar within 14 days, the refusal of his applications by such judge shall be final.

43. The Registrar shall, when he has received a notice of appeal, notice of application for leave to appeal or a notice of application for extension of the time within which such notices shall be given, send a copy of such notice to the Attorney General.

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A 10 CAP. 221] [Subsidiary] Notice of application for leave to appeal. Abandonment of appeal. Form VII. Criminal Appeal Rules [1982 Ed. 38. Where the Court of Appeal has given an appellant leave to appeal, it shall not be necessary for the appellant to give any notice of appeal and the notice of application for leave to appeal shall be deemed to be a notice of appeal. 39. An appellant may, at any time before the hearing thereof, abandon his appeal by giving notice of abandonment thereof to the Registrar in Form VII, and upon such notice being received by the Registrar the appeal shall be deemed to have been dismissed by the Court of Appeal. Powers exercised by single judge. PROCEEDINGS BEFORE A Single Judge 40. (1) The powers conferred on a single judge by section 83Y of the Ordinance may be exercised by the judge on a written application and in the absence of the parties. (2) A judge may, when exercising the powers conferred by section 83Y of the Ordinance, sit and act wherever and whenever may be convenient to him. Forms of application. Forms VIII, IX, X, and XI. Procedure where judge refuses applications under rule 41. Form XII. Form XIII. Copies of notices to be sent to Attorney General. NOTICES OF APPLICATIONS 41. Notice of appeal, or notice of application for leave to appeal or for extension of the time within which notice of appeal or notice of application for leave to appeal is required to be given under the Ordinance, shall be in such one of Forms VIII, IX, X and XI as is appropriate. 42. (1) The Registrar shall, when any application mentioned in rule 41 has been dealt with by a judge, notify the decision to the appellant on Form XII. (2) If the judge refuses all or any of such applications the Registrar, on notifying such refusal to the appellant, shall forward to him Form XIII which form the appellant is hereby required to fill up and forthwith return to the Registrar. (3) If the appellant does not desire to have his applications determined by the Court of Appeal, or does not return Form XIII duly filled up by him to the Registrar within 14 days, the refusal of his applications by such judge shall be final. 43. The Registrar shall, when he has received a notice of appeal, notice of application for leave to appeal or a notice of application for extension of the time within which such notices shall be given, send a copy of such notice to the Attorney General. Page 10 Page 11

Baseline (Original)

A 10 CAP. 221] [Subsidiary] Notice of application for leave to appeal. Abandonment of appeal. Form VII. Criminal Appeal Rules [1982 Ed. 38. Where the Court of Appeal has given an appellant leave to appeal, it shall not be necessary for the appellant to give any notice of appeal and the notice of application for leave to appeal shall be deemed to be a notice of appeal. 39. An appellant may, at any time before the hearing thereof, abandon his appeal by giving notice of abandonment thereof to the Registrar in Form VII, and upon such notice being received by the Registrar the appeal shall be deemed to have been dismissed by the Court of Appeal. Powers exercised by single judge. PROCEEDINGS BEFORE A Single Judge 40. (1) The powers conferred on a single judge by section 83Y of the Ordinance may be exercised by the judge on a written application and in the absence of the parties. (2) A judge may, when exercising the powers conferred by section 83Y of the Ordinance, sit and act wherever and whenever may be convenient to him. Forms of application. Forms VIII. IX. X. and XI. Procedure where judge refuses applications under rule 41. Form XII. Form XIII. Copies of notices to be sent to Attorney General. NOTICES OF APPLICATIONS 41. Notice of appeal, or notice of application for leave to appeal or for extension of the time within which notice of appeal or notice of application for leave to appeal is required to be given under the Ordinance, shall be in such one of Forms VIII, IX, X and XI as is appropriate. 42. (1) The Registrar shall, when any application mentioned in rule 41 has been dealt with by a judge, notify the decision to the appellant on Form XII. (2) If the judge refuses all or any of such applications the Registrar, on notifying such refusal to the appellant, shall forward to him Form XIII which form the appellant is hereby required to fill up and forthwith return to the Registrar. (3) If the appellant does not desire to have his applications determined by the Court of Appeal, or does not return Form XIII duly filled up by him to the Registrar within 14 days, the refusal of his applications by such judge shall be final. 43. The Registrar shall, when he has received a notice of appeal, notice of application for leave to appeal or a notice of application for extension of the time within which such notices shall be given, send a copy of such notice to the Attorney General. Page 10Page 11

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