1983 Ed.]
OF
Criminal Procedure (Appeal against Discharge) Rules
HONG
KONG
(CAP. 221
CRIMINAL PROCEDURE (APPEAL AGAINST
DISCHARGE) RULES
(Cap. 221, section 9)
[Subsidiary]
L.N. 400/83.
LAW
LIBRARY
[23 December 1983.]
1. These rules may be cited as the Criminal Procedure (Appeal against Discharge) Rules.
2. In these rules-
“appeal" means an appeal by the Attorney General to the Court of
Appeal against a person's discharge in pursuance of section 81E;
"respondent" in relation to any appeal means the person against
whose discharge the appeal is made.
3. (1) A notice of appeal shall be in the form prescribed in the Schedule, or as near thereto as circumstances permit, and shall-
(a) set out the grounds thereof;
(b) where the appeal is on any ground which involves a
question of law specify the question of law referred to and, where appropriate, such facts of the case as are necessary for the proper consideration of the question of law;
(c) summarize the arguments intended to be put to the Court
of Appeal; and
(d) specify the authorities intended to be cited.
(2) Notice of appeal shall be given within 21 days of the discharge.
4. (1) The Attorney General shall, unless the respondent cannot be found or is outside Hong Kong, cause to be served on the respondent notice of the appeal, which shall also invite the respondent, within such period as may be specified in the notice (being not less than 28 days from the date of service of the notice), to inform the Registrar if he wishes to present any argument to the Court of Appeal and, if so, whether he desires to present such argument by counsel on his behalf or desires to seek leave to appear in person.
(2) The Court of Appeal shall not hear argument by or on behalf of the Attorney General until the period specified in the notice has expired unless the respondent agrees or has indicated that he does not wish to present any argument to the court.
5. The Attorney General may withdraw or amend the notice of appeal at any time before the Court of Appeal begins the hearing, or, after that, and until the court gives its opinion, may withdraw or
Citation.
Interpretation.
Form of notice of appeal.
Schedule.
Respondent to be given opportunity to appear.
Withdrawal or amendment of notice of appeal.
1983 Ed.]
OF
Criminal Procedure (Appeal against Discharge) Rules
ONG
KONG
(CAP. 221
F1
L PROCEDURE (APPEAL AGAINST
DISCHARGE) RULES
(Cap. 221, section 9)
[Subsidiary]
L.N. 400 83.
LAW
LIBRA
[23 December 1983.]
1. These rules may be cited as the Criminal Procedure (Appeal against Discharge) Rules.
2. In these rules-
“appeal" means an appeal by the Attorney General to the Court of
Appeal against a person's discharge in pursuance of section 81E:
"respondent" in relation to any appeal means the person against
whose discharge the appeal is made.
3. (1) A notice of appeal shall be in the form prescribed in the Schedule, or as near thereto as circumstances permit, and shall-
(a) set out the grounds thereof:
(b) where the appeal is on any ground which involves a
question of law specify the question of law referred to and,' where appropriate, such facts of the case as are necessary for the proper consideration of the question of law; (c) summarize the arguments intended to be put to the Court
of Appeal; and
(d) specify the authorities intended to be cited.
(2) Notice of appeal shall be given within 21 days of the discharge.
4. (1) The Attorney General shall, unless the respondent cannot be found or is outside Hong Kong, cause to be served on the respondent notice of the appeal, which shall also invite the respon- dent, within such period as may be specified in the notice (being not less than 28 days from the date of service of the notice), to inform the Registrar if he wishes to present any argument to the Court of Appeal and, if so, whether he desires to present such argument by counsel on his behalf or desires to seek leave to appear in person.
(2) The Court of Appeal shall not hear argument by or on behalf of the Attorney General until the period specified in the notice has expired unless the respondent agrees or has indicated that he does not wish to present any argument to the court.
5. The Attorney General may withdraw or amend the notice of appeal at any time before the Court of Appeal begins the hearing, or, after that, and until the court gives its opinion, may withdraw or
Citation.
Interpretation.
Form of notice of appeal.
Schedule.
Respondent to be given opportunity to appear.
Withdrawal or amendment of notice of appeal.
No comments yet.
Private notes are available after approval.