1964_MAGISTRATES_(FORMS)_RULES — Page 73

1984 Ed.]

Magistrates (Forms) Rules

(b) shall personally appear and surrender himself at

[CAP. 227

C 73

before and

to a judge of the High Court or the Court of Appeal at each and every hearing of his appeal by such judge or court and to then and there abide by the judgment of such judge or court and not to depart or be absent from court at any hearing without the leave of such judge or court and in the meantime not to depart out of the Colony of Hong Kong;

then this recognizance shall be void, but otherwise shall remain in full force.

NOTE (1) Where the recognizance is taken orally omit the words "the undersigned" and insert the word "orally" after "Taken".

(2) The conditions (a) or (b) may be used separately or together as occasion demands, but the conditions in (b) will only be required if the appellant is released from custody under s. 119(a).

[Subsidiary]

FORM 100

(s. 110.)

L.N. 134/67.

HONG KONG

Order to bring up appellant in custody to enter into recognizance of appeal

IN THE MAGISTRATE'S COURT AT

To the Commissioner of Correctional Services in the said Colony.

day of

19

*

at

now in prison

day.

noon.

You are hereby ordered to bring custody, before the undersigned, a magistrate of the said colony, or such magistrate as may then be sitting at the said court, on the that he may enter into a recognizance with conditioned to appear and prosecute an appeal from the conviction (or order), dated the

19

of the undersigned (or

day of

o'clock in the

surety

. Esquire), a magistrate of the said Colony.

Dated this

(LS)

day of

19

Magistrate.

FORM 101

Notice of appeal to a judge against conviction

IN THE MAGISTRATE'S COURT AT

[s. 114.]

HONG KONG.

To

I.

*

the magistrates' clerk at the said Court.

of

*

do hereby give you notice that it is my intention to appeal to a judge of the High Court of Hong Kong against a certain conviction of me by

Esquire, a

at

magistrate sitting at the said court for having on

[state offence, etc.). And that the general grounds of such appeal are [state here each ground of appeal, such as that the conviction was against the weight of evidence upon the hearing of the proceedings in that behalf, or that certain evidence was improperly admitted or rejected (as the case may be) upon the hearing of the proceedings in that behalf, or that there was no evidence, or no sufficient evidence whereon to found the said conviction, (or as the case may be)], and that I am not guilty of the said offence.

Dated this

day of

(Signed)

19