1982 Ed.]
Criminal Appeal Rules
[CAP. 221
A 17
[Subsidiary]
MISCELLANEOUS PROVISIONS
71. (1) Except where otherwise provided in these rules, an application to the Court of Appeal may be made by the Crown, or by the appellant, or by counsel on his behalf, orally or in writing.
(2) 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.
Application not specially provided for, how made.
Audience of
72. In any proceedings before a single judge under rule 40 and in any preliminary and interlocutory proceedings and applications, solicitors.
except such as are heard before the Court of Appeal, a party thereto may be represented and appear by a solicitor alone.
73. When the Court of Appeal has heard and dealt with an interlocutory application, 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 Court of Appeal thereon.
74. (1) Non-compliance by an appellant with these rules, or with any rule of practice for the time being in force, shall not prevent the further prosecution of his appeal if the Court of Appeal, or a single judge acting under rule 40, considers that such non-compliance was not wilful, and that the same may be waived or remedied by amendment or otherwise.
(2) The Court of Appeal, or a judge acting under rule 40, may, in such manner as it or he thinks fit, direct the appellant to remedy such non-compliance; and thereupon the appeal shall proceed.
(3) The Registrar shall forthwith notify to the appellant any directions given by the court or a judge under this rule, if the appellant was not present at the time when such directions were given.
75. The performance of any duty imposed upon any person under the Ordinance or these rules may be enforced by order of the Court of Appeal.
Notice by Registrar to appellant.
Non-compliance with rules not wilful may be waived by court.
Enforcing duties under rules.
Warrant
to secure attendance of
76. An appellant who is in custody may, at any time before the determination of his appeal, be brought before the Court of Appeal, or a judge or examiner, by warrant under the hand of the Registrar appellant.
in Form XXX.
SCHEDULE
FORM I
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Judge's certificate
In the High Court of Hong Kong
R. v.
[rule 16.]
Form XXX.
1982 Ed.]
Criminal Appeal Rules
[CAP. 221
A 17
[Subsidiary]
MISCELLANEOUS PROVISIONS
71. (1) Except where otherwise provided in these rules, an application to the Court of Appeal may be made by the Crown, or by the appellant, or by counsel on his behalf, orally or in writing.
(2) 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.
Application not specially provided for. how made.
Audience of
72. In any proceedings before a single judge under rule 40 and in any preliminary and interlocutory proceedings and applications, solicitors. except such as are heard before the Court of Appeal, a party thereto may be represented and appear by a solicitor alone.
73. When the Court of Appeal has heard and dealt with an interlocutory application, 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 Court of Appeal thereon.
74. (1) Non-compliance by an appellant with these rules, or with any rule of practice for the time being in force, shall not prevent the further prosecution of his appeal if the Court of Appeal, or a single judge acting under rule 40, considers that such non-compliance was not wilful, and that the same may be waived or remedied by amendment or otherwise.
(2) The Court of Appeal, or a judge acting under rule 40, may, in such manner as it or he thinks fit, direct the appellant to remedy such non-compliance; and thereupon the appeal shall proceed.
(3) The Registrar shall forthwith notify to the appellant any directions given by the court or a judge under this rule. if the appel- lant was not present at the time when such directions were given.
75. The performance of any duty imposed upon any person under the Ordinance or these rules may be enforced by order of the Court of Appeal.
Notice by Registrar to appellant.
Non-compliance with rules not wilful may be waived by court.
Enforcing duties under rules.
Warrant
to secure attendance of
76. An appellant who is in custody may, at any time before the determination of his appeal, be brought before the Court of Appeal, or a judge or examiner, by warrant under the hand of the Registrar appellant. in Form XXX.
SCHEDULE
FORM I
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Judge's certificate
In the High Court of Hong Kong
R. ".
[rule 16.]
Form XXX.
No comments yet.
Private notes are available after approval.