G2
CAP. 221] Criminal Procedure (Applications under
Section 16) Rules
(1983 Ed.
[Subsidiary]
Final determination of applications.
Register of applications.
Notices to applicants in custody.
Audience of solicitors.
Non-compliance with rules not wilful may be waived by court.
Warrant to secure attendance of applicant.
Form of notices and warrants.
(Cap. 22), sub. leg.)
Matters unprovided for in these rules.
(Cap. 221, sub. leg.)
Written and broadcast reports.
8. On the final determination of any application the Registrar shall give to the applicant, if he is in custody and has not been present at such final determination, and to the Commissioner of Correctional Services notice of such determination.
9. The Registrar shall keep a register, in such form as he may determine, of all cases in which he shall receive a notice of application, which register shall be open for public inspection in such place and at such hours as the Registrar may decide.
10. Where an applicant is in custody and is entitled or has obtained leave to be present at the hearing and determination of his application, the Registrar shall notify the Commissioner of Correctional Services of the day on which the application will be heard.
11. In any preliminary and interlocutory proceedings on an application, the applicant may be represented and appear by a solicitor alone.
12. (1) Non-compliance by an applicant with these rules, or with any other rule of practice for the time being in force, shall not prevent the further prosecution of his application if a judge considers that such non-compliance was not wilful, and that the same may be waived or remedied by amendment or otherwise.
(2) The judge may, in such manner as he thinks fit, direct the applicant to remedy such non-compliance; and thereupon the application shall proceed.
(3) The Registrar shall forthwith notify the applicant of any directions given by a judge under this rule, if the applicant or his legal representative was not present when such directions were given.
13. An applicant who is in custody may, at any time before the determination of his application, be brought before a judge by warrant under the hand of the Registrar.
14. Any notice to be given by the Registrar under these rules or warrant under his hand which he may execute thereunder shall be in the form of the analogous notice or warrant prescribed under the Criminal Appeal Rules with such modifications as the circumstances of the case may require.
15. In the event of any circumstances arising on an application which are unprovided for in these rules the Registrar and judge shall be guided by the Criminal Appeal Rules.
16. (1) Unless a judge, on the application of the applicant, otherwise directs, no person shall publish in Hong Kong a written report, or broadcast in Hong Kong a report, of any proceedings on
G2
CAP. 221] Criminal Procedure (Applications under
Section 16) Rules
(1983 Ed.
[Subsidiary]
Final
determination of applications.
Register of applications.
Notices to applicants in custody.
Audience of solicitors.
Non-compliance with rules not wilful may be waived by court.
Warrant to secure attendance of applicant.
Form of notices and warrants.
(Cap. 22), sub. leg.)
Matters unprovided for in these rules.
(Cap. 221, sub. leg.)
Written and broadcast reports.
8. On the final determination of any application the Registrar shall give to the applicant, if he is in custody and has not been present at such final determination, and to the Commissioner of Correctional Services notice of such determination.
9. The Registrar shall keep a register, in such form as he may determine, of all cases in which he shall receive a notice of applica- tion, which register shall be open for public inspection in such place and at such hours as the Registrar may decide.
10. Where an applicant is in custody and is entitled or has obtained leave to be present at the hearing and determination of his application, the Registrar shall notify the Commissioner of Correc- tional Services of the day on which the application will be heard.
11. In any preliminary and interlocutory proceedings on an application, the applicant may be represented and appear by a solicitor alone.
12. (1) Non-compliance by an applicant with these rules, or with any other rule of practice for the time being in force, shall not prevent the further prosecution of his application if a judge con- siders that such non-compliance was not wilful, and that the same may be waived or remedied by amendment or otherwise.
(2) The judge may, in such manner as he thinks fit, direct the applicant to remedy such non-compliance; and thereupon the appli- cation shall proceed.
(3) The Registrar shall forthwith notify the applicant of any directions given by a judge under this rule, if the applicant or his legal representative was not present when such directions were given.
13. An applicant who is in custody may, at any time before the determination of his application, be brought before a judge by warrant under the hand of the Registrar.
14. Any notice to be given by the Registrar under these rules or warrant under his hand which he may execute thereunder shall be in the form of the analogous notice or warrant prescribed under the Criminal Appeal Rules with such modifications as the circumstances of the case may require.
15. In the event of any circumstances arising on an application which are unprovided for in these rules the Registrar and judge shall be guided by the Criminal Appeal Rules.
16. (1) Unless a judge, on the application of the applicant, otherwise directs, no person shall publish in Hong Kong a written report, or broadcast in Hong Kong a report, of any proceedings on
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