CRIMINAL APPEAL RULES

CRIMINAL APPEAL RULES

CRIMINAL PROCEDURE.

Subsidiary legislation under this Chapter, with subse-
quent amendments (if any) incorporated, is set out as
follows-
Page

Prescribed. Forms ................... ... 14
Criminal Appeal Rules.................. ... ... ... 14
Indictment Rules ..... ........ ...... ... ... 57

FORMS.

(Cap. 221).
(Ordinance No. 9 of 1899).

For forms prescribed tinder the Criminal Procedure
Ordinance see the Schedule to that Ordinance.

CRIMINAL APPEAL RULES.

(Cap. 221, section 9).
(Ordinance No. 9 of 1899).

[12th May 1933.]

Interpretation of Rules.

1 . These rules may be cited as the Criminal Appeal
Rules.

2. The expression 'Ordinance' shall mean the
Criminal Procedure Ordinance.

3. The forms set out in the Schedule or forms as near
thereto as circumstances permit, shall be used in all cases
to which such forms are applicable.





Notices of appeal.

4. (1) Ever notice of appeal or notice of application
for leave to appeal or notice of application for extension of
time within which such notice shall be given under the
Ordinance shall be signed by the appellant himself, except
under the provisions of paragraphs (4) and (5) or where
otherwise authorized by the Full Court or a judge.

Any other notice required or authorized to be given for
the purposes of the Ordinance or these rules shall be in
writing and signed by the person giving the same or by his
solicitor. All notices required or authorized te, be given for
the purposes of the Ordinance or these rules to the Full
Court shall be addressed to 'The Registrar, Courts of
Justice, Hong Kong'.

(2) Any notice or other document which is required or
authorized by the Ordinance or these rules to be given or
sent shall be deemed to be duly given or sent if forwarded
by registered post addressed to the person to whom such
notice or other document is so required or authorized to be
given or sent.
(3) When an appellant or any other person authorized
or required to give or send any notice of appeal or notice of
any application for the purposes of the Ordinance or of
these rules is unable to write he may affix his mark thereto in
the presence of a witness who shall attest the same and
thereupon such notice shall be deemed to be duly signed by
such appellant.

(4) Where, on the trial of a person who is entitled or
may, be authorized to appeal under the Ordinance, it has
been contended that he was not responsible according to law
for his actions on the ground that he was insane at the
time the act was done or the omission made by him, any
notice required by these rules to be given and signed by
the appellant himself may be given and signed by his
solicitor or other person authorized to act on his behalf.

(5) In the case of a body corporate where by the
Ordinance or these rules any notice or other document is
required to be signed by the appellant himself, it shall be
sufficient compliance therewith if such notice or other docu-
ment is signed by the secretary, clerk, manager or solicitor.
of such body corporate.





Record of case.

5. The record of an appeal case for the purposes of
the Full Court shall comprise the notes of the trial judge
and such other matter as the trial judge or in his absence
the Full Court may direct.

Cerlificate of trial judge.

6. (1) The certificate of the trial judge, under para-
graph (b) or (c) of subsection (i) of section 82 of the Ordin-
ance may be in Form 1A or 1B in the Schedule.

(2) The trial judge may, in any case in which he con-
siders it desirable so to do, inform the person
before or sentenced by him that the case is in his opinion
one fit for an appeal to the Full Court under paragraph (b)
or (c) of subsection (i) of section 82, and may give to such
person a certificate to that effect in Form 1A or 1B in the
Schedule.

Appeals where fine only is inflicted.

7. (1) Where a person has, on his conviction, been
sentenced to payment of a fine and in defaul of payment
to imprisonment, the person lawfully authorized to receive
such fine shall, on receiving the same, retain it until the
determination of any appeal in relation thereto.

(2) If such person remains in custody in default of pay-
ment of the fine, he shall be deemed, for all purposes of the
Ordinance or these rules, to be a person sentenced to
imprisonment.

(3) Where any person has been convicted and is
thereupon sentenced to the payment of a fine and in default
of such payment to imprisonment and he intimates to the
trial judge that he is desirous of appealing against his con-
viction to the Full Court upon grounds of law alone, or
against his conviction or sewence with the certificate of the
trial judge upon any grounds mentioned in paragraph (b) or
(c) of subsection (1) of section 82 of the Ordinance, such
judge may, if he thinks right so to do, order such person
forthwith to; enter into recognizances, in such amount and





with or without sureties in such amount as such judge may
think right, to prosecute his appeal. And, subject thereto,
the trial judge may order that payment of the said fine shall
be made at the final determination of his said appeal, if the
same be dismissed, to the Registrar, or as the Full Court
may then order. The recognizance under this rule shall be
in Forms XX and XXI in the. Schedule. A surety becom-
ing duly bound by recognizance under this rule shall be
deemed to be for all purposes, and shall have all the powers
of, a surety under the provisions of rule 26.

(4) An appellant who has been sentenced to the pay-
ment of a fine and has paid the same or any part thereof in
accordance with such sentence shall, in the event of his
appeal being successful, be entitled, subject to any order of
the Full Court, to the return of the sum or any part thereof
so paid by him.
(5) If an appellant to whom paragraph (3) of rule 7
applies does not serve, in accordance with these rules, a
notice of appeal upon grounds of law alone, or with'the
certificate of the trial judge upon any grounds mentioned in
paragraph (b) or (c) of subsection (i) of section 82 Of the
Ordinance, within ten days from the date of his conviction
and sentence, the Registrar shall report such omission to
a judge and the Full Court may, after notice in Forms XXII
and XXIII in the Schedule has been given to the appellant
and his sureties, if any, order an estreat of the recognizances
of the appellant and his sureties in manner provided by
paragraph (16) of rule 26, and may issue a warrant for the
apprehension of the appellant, and may commit him to
prison in default of payment of his fine, or may make such
other order as it thinks right.

Custody of exhibits used at trial.
8. Except in so far as the trial judge shall direct, all
exhibits in the case shall remain in the custody of the
Registrar, or of such other person as the Registrar directs,
pending any appeal or the final determination of an appeal.

Order made at trial. Consequential orders and
suspension of same pending appeal.
9. (1) Where, on the conviction of a person, the trial
judge makes an order tinder section 74, 75, or 85 of the





Ordinance, the operation of any such order shall be,
suspended until the expiration of ten days after the day, on
which such order was made, and when notice of appeal or
notice of application for leave to appeal or notice of applica-
tion for extension of time within which to appeal is given
the operation of any such order shall be further suspended
until the determination of the appeal : Provided that the
trial judge may direct that the operation of any order made
under section 75 of the Ordinance shall not be suspended
unless the person on whom such order has been made shall
give to the satisfaction of the Registrar security for the pay-
ment to the person in whose favour such order shall have
been made of the amount therein named.

(2) The Full Court may by order annul any order to
which this rule refers on the determination of any appeal
under the Ordinance, or may vary such order, and such
order, if annulled, shall not take effect, and, if varied, shall
take effect as so varied.

(3) Any person affected by any orders which are sus-
pended under this rule may, with the leave of the Full
Court, be heard on the final determination : of any appeal,
before any such orders are annulled or varied by the Full
Court.

(4) The Registrar shall keep a record of any orders to
which this rule refers and any orders of the Full Court
annulling or varying the same.

10. Where the trial judge is of opinion that the title
to any property the subject of an order of restitution made
on a conviction of a person before him, or any property to
which the provisions of subsection (1) of section 26 of the
Sale of Goods Ordinance, apply is not in dispute, he, if he
shall be of opinion that such property or a sample or portion
or facsimile representation thereof is reasonably necessary
to be produced for use at the hearing of any appeal, shall
give such directions to or impose such terms upon the
person in whose favour the order of restitution is made or
in whom such property revests under such subsection as
he shall think right in order to secure the production of
such sample, portion or facsimile representation for use at
the hearing of any such appeal.





11. (1) Where the trial judge makes any such order
on a person convicted before him as in rule 9 mentioned he
shall give such directions as he thinks right as to the reten-
tion by any person of any money or valuable securities
belonging to the person so convicted and taken from such
person on his apprehension or of any money or valuable
securities at the date of his conviction in the possession of
the prosecution for the period of ten days, or in the event
of an appeal, until the determination thereof by the Full
Court. The Registrar shall keep a record of any directions
given under this rule.

(2) Where upon conviction of any person of any
offence any disqualification, forfeiture or disability attaches
to such person by reason of such conviction, such disquali-
fication, forfeiture or disability shall not attach for the
period of ten days from the date of the verdict against such
person, nor, in the event of an appeal under the Ordinance
to the Full Court, until the determination thereof.

(3) The operation of any order made, on a conviction,
by the trial judge under any Ordinance for the destruction
or forfeiture of any thing which is the subject of the pro-
secution or connected therewith shall be suspended in like
manner as the orders referred to in paragraph (1) of rule 9.

(4) Where, upon conviction of any person of any
offence, any claim may be made or any proceedings may
be taken under any Ordinance against such person or any
other person in consequence of such conviction, such pro-
ceedings shall not be taken until after the period of ten days
from the date on which the verdict against such person was
returned, nor, in the event of an appeal under the Ordin-
ance to the Full Court, until the determination thereof.

12. The time during which an order of restitution or
the operation of subsection (1) of section 26 of the Sale of
Goods Ordinance, is suspended under paragraph (e) of
subsection (5) of section 82 of the Ordinance shall commence
to run from the day on which the verdict of the jury was
returned, and in cases where notice of appeal or notice of
application for leave to appeal is duly given within ten days
after such day, the period of suspension of such order or
of the operation of the subsection shall continue until the
determination of the appeal.





Notes and report of trial judge.

13. The Registrar, when he has received a notice of
appeal or a notice of application for leave to appeal under
the Ordinance or a notice of application for extension of
the time within which under the Ordinance such notices
shall be given, shall obtain from the trial judge the whole
or any part of his note of the trial or a copy of such note
or any part thereof.

14. (1) The Registrar, when lie has received a notice of
appeal or a notice of application for leave to appeal under
the Ordinance or a notice of application for extension of the
time within which under the Ordinance such notice shall
be given, may apply to the trial judge for a report in writ-
ing, giving his opinion upon the case of the appellant.

(2) The report of the judge shall be made to the Full
Court, and except by leave of the Full Court the Registrar
shall not furnish to any,person any part thereof.

Notices of appeal and period for appealing;
abandonment of appeals.

15. A person desiring, under the provisions of the
Ordinance, to appeal to the Full Court against his convic-
tion or sentence, shall commence his appeal by sending to
the Registrar a notice of appeal or notice of application for
leave to appeal or notice of application for extention of the
time within which such notice shall be given, as the case
may be, in the form of such notices respectively set forth
in the Schedule, and in the notice or notices so sent shall
answer the questions and comply with the requirements set
forth thereon, subject to the provisions of rule 41.

16. The time within which a person convicted shall
give notice of appeal or notice of his application for leave
to appeal to the Full Court against his conviction shall
commence to run from the day on which the verdict of the
jury was returned, whether the trial judge shall have pass-
ed sentence or pronounced final judgment upon him on that
day or not.





17. The time within which a person convicted and
sentenced shall give notice of appeal or notice ofapplication
for leave to appeal against such sentence under the Ordin-
ance to the Full Court shall commence to run from the day
on which such sentence shall have been passed upon him
by the trial judge.

18. When the Registrar has received a notice of appeal
or a notice of application for leave to appeal or a notice of
application for extension of the time within which under
the Ordinance such notices shall be given, he shall forth-
with prepare for the information of the Full Court particulars
of the trial and conviction according to Form II in the
Schedule, and also an extract from or copy of the calendar
of the court of trial so far as the same refers to the appellant.

19. Where the Full Court has, on a notice of applica-
tion for leave to appeal duly served and in the form provided
under these rules, given an appellant leave to appeal, it shall
not be necessary for such appellant to give any notice of
appeal, but the notice of application for leave to appeal shall
in such case be deemed to be a notice of appeal.

20. An appellant, at any time after he has duly served
notice of appeal or of application, for leave to appeal or of
application for extension of the time within which under the
Ordinance such notices shall be given, may abandon his
appeal by giving notice of abandonment thereof to the
Registrar in Form III in the Schedule, and upon such notice
being given the appeal shall be deemed to have been dis-
missed by the Full Court.

21. An application to the Full Court for an extension of
the time within which notices may be given shall be in
Form IX in the Schedule. Every person making an applica-
tion for such extension of time shall send to the Registrar
together with the proper form of such application a form,
duly filled up, of notice of appeal or of notice of application
for leave to appeal, appropriate to the ground or grounds
upon which he desires to question his conviction or sentence,
as the case may be.





Proceedings before a single judge.

22. (1) The powers of the Full Court under the
Ordinance and these rules to give leave to appeal, to extend
the time within which notice of appeal or an application for
leave to appeal may be given, to assign legal aid to an
appellant, to allow the appellant to be present at any pro-
ceedings in cases where he is not entitled to be present
without leave, and to admit an appellant to bail, may be
exercised by a judge in the same manner ns they may be
exercised by the Full Court, and subject to the same provi-
sions; but, if a judge refuses an application on the part of
the appellant to exercise any such power in his favour, the
appellant shall be entitled to have the application deter-
mined by the Full Court as duly constituted for the hearing
and determination of appeals.

(2) The powers of the Full Court under the Ordinance
or these rules to estreat the recognizances of an appellant
or those of his surety or sureties may be exercised by a judge,
but if a judge shall order the estreat of a recognizance in the
exercise of this power the appellant or the surety or sureties
affected by such order shall be entitled, on giving notice to
the Registrar within four days after the date of such
order, to have the order reviewed by the Full Court as duly
constituted for the hearing and determination of appeals.

Notices of applications.

23. (1) Notice of appeal or notice of application for
leave to appeal or for extension of the time witliin which
notice of appeal or notice of application for leave to appeal
shall be given under tlic Ordinance in the forms in the
Schedule, and the answers to the questions on Forms IV, V,
VI, VII and VIII which an appellant is by these rules
required to make, in reference to legal aid being assigned to
him, or to leave being granted to him to be present at the
hearing of his appeal, shall he deemed to be applications to
the Full Court in such matters respectively.

(2) The Registrar when any application mentioned in
this rule has been dealt with by a judge shall notify to the
appellant the decision. In the event of such judge refusing





all or any of such applications the Registrar on notifying
such refusal to the appellant shall forward to him Forin XIII
in the Schedule which form the appellant is hereby required
to fill tip and forthwith return to the Registrar. If the
appellant does not desire to have his said application or
applications determined by the Full Court as duly, constituted

for the hearing of appeals or does not return within five days
to the Registrar Forin XIV duly filled up by him, the
refusal of his application or applications by such judge shall
be final. If the appellant desires that his said application or
applications shall be determined b the Full Court as duly
constituted for the hearing of appeals he may, if the Full
Court gives him leave, be present at the bearing and deter-
mination by the Full Court of his said application.

When an appellant duly fills up and returns within the
prescribed time to the Registrar Form XIV expressing a
desire to be present at the hearing and determination by the
Full Court of the applications mentioned in this rule, such
form shall be deemed to be an application by the appellant
for leave to be so present : And the Registrar on receiving
the said form shall take the necessary steps for placing the
said application before the Full Court. If the said applica-
tion to be present is refused by the Full Court, the Registrar
shall notify the appellant; and if the said application is
granted the Registrar shall notify the appellant and the
Commissioner of Prisons, as provided by these rules. For
the purpose of constituting a Full Court the judge who has
refused any such application may sit as a member of such
court and take part in determining such application.

(3) A judge sitting under the provisions of rule 22 may
sit and act wherever convenient.

Duties of the Registrar.

24. When the Registrar has received a notice of appeal
or notice of application for leave to appeal under the Ordin-
ance or a notice of application for extension of the time
within which under the Ordinance such notices shall be
given, he shall forthwith send a copy of such notice to the
Attorney General.





Function of the Attorney General.

25. (1) If in any case the Attorney General is of
opinion that the appeal is frivolous or vexatious and can
properly be determined without the appearance of the Crown
he shall deliver to the Registrar his certificate to that effect.

(2) If in any case the Attorney General is of opinion
that the Crown should riot appear and oppose the appeal he
shall deliver to the Registrar his certificate to that effect.

(3) Save where the Attorney General shall deliver his
certificate as provided by this rule the Crown shall appear
and defend every appeal.

Procedure on applications for bail; rights of sureties;
estreat of recognizances.

26. (1) When the Full Court under the Ordinance
admits an appellant to bail pending the determination of his
appeal on an application by him duly made in compliance
with these rules, the court shall specify the amounts in which
the appellant and his surety or sureties (if any be required)
shall be bound by recognizance, and shall direct, if it thinks
right so to do, before whom the recognizances of the
appellant and his surety or sureties (if any) may be taken.

(2) In the event of the Full Court not making any
special order or giving special directions under this rule, the
recognizances of the appellant may be taken before a justice
of the peace or the Commissioner of Prisons, and the
recognizances of his surety or sureties (if any) may be taken
before the Registrar or a magistrate.

(3) The Registrar shall notify to the appellant and to
the Commissioner of Prisons the terms and conditions on
which the court shall admit the appellant to bail under the
Ordinance.

(4) The Registrar or magistrate shall be entitled to
require the assistance of the police for the purpose of making
inquiry as to the sufficiency or otherwise of any person
offering himself as a surety on behalf of any appellant who
has, under the Ordinance, been granted bail, and it shall be
the duty of the police to give such assistance to and as and
when required, by the Registrar or a magistrate under this
rule.





(5) After the recognizance of a surety has been duly
taken tinder these rules by a magistrate such magistrate
shall forward such recognizance to the Registrar, and the
Commissioner of Prisons shall, after the appellant's re-
cognizance has been duly taken in pursuance of this rule,
forward the same to the Registrar. The Registrar or
magistrate shall after the recognizance of a surety is taken
give to him a certificate in Form XV in the Schedule which
such surety shall sign and retain.

(6) The Registrar, on being satisfied that the recogni-
zances of the appellant and his surety or sureties (if any)
are in due form and in compliance with the order of the
court admitting the appellant to bail, shall send in Form
XII in the Schedule a notice to the Commissioner of Prisons.
This notice, when received by the said Commissioner, shall
be a sufficient authority to him to release the appellant from
custody.

(7) The recognizances provided for in this rule shall
be in Forms X and XI in the Schedule.

(8) An appellant who has been admitted to bail under
the Ordinance shall, by the order of the Full Court or a
judge tinder which he was so admitted to bail, be ordered
to be and shall be personally present at each and every
hearing of his appeal and at the final determination thereof.
The Full Court may, in the event of such appellant not
being present at any hearing of his appeal, if it thinks right
so to do, decline to consider the appeal, and may proceed
summarily to dismiss the same, and may issue a warrant
for the apprehension of the appellant in Form XIX in the
Schedule: Provided that the Full Court may consider the
appeal in his absence, or make such other order as it thinks
right.

(9) When an appellant is present before the Full Court
such court may on an application made by any person
or, if it thinks tight so to do, without any application make
any order admitting the appellant to bail, or revoke or vary
any such order previously made, or enlarge from time to
time the recognizance of the appellant or of his sureties or
substitute any other surety for a surety previously bound as
it thinks right.





(10) Where the surety or sureties, for an appellant
under the Ordinance, upon whose recognizances such appel-
lant has been released on bail by the Full Court, suspect
that the said appellant is about to depart out of the
Colony or in any manner to fail to observe the conditions of
his recognizances on which he was so released, such surety
or sureties may lay an information before a magistrate, in
Form XVI in the Schedule and such magistrate shall there-
upon issue a warrant in Form XVII in the Schedule for the
apprehension of the said appellant.
(ii) The said appellant shall on being apprehended
under the said warrant be brought before a magistrate. The
said magistrate shall, on verification of the said information
by oath of the informant, by warrant of commitment in
Form XVIII in the Schedule commit him to prison.

(12) The magistrate, on the commitment of any such
appellant, shall forthwith notify the Registrar to that effect
and shall forward to the Registrar the said information and
the deposition in verification thereof taken before him to-
gether with a copy of the said warrant of commitment.

(13) At any time after an appellant has been released
on bail under the Ordinance a judge may, if satisfied
that it is in the interests of justice so to do, revoke the order
admitting him to bail and issue a warrant in Form XIX
in the Schedule for his apprehension and order him to be
committed to prison.

(14) When an appellant has been released on bail and
has, under a warrant under these rules or by his surety or
sureties, been apprehended and is in prison, the Commis-
sioner of Prisons shall forthwith notify the Registrar who
shall take steps to inform a judge thereof who may give
to the Registrar such directions as to the appeal or other-
wise as he shall think right.

(15) Nothing in these rules shall affect the lawful right
of a surety to apprehend and surrender into custody the
person for whose appearance he has become bound, and
thereby to discharge himself of his suretyship.

(16) The Full Court may on any breach of the recogniz-
ances of the appellant, if it thinks right so to do, order such
recognizances and those of his surety or sureties to be
estreated.





27. It shall be the duty of the Commissioner of Police
and the Secretary for Chinese Affairs to inquire as to, and
to report to the Registrar when applied to by him upon,
the means and circumstances of any appellant where a
question as to his means and circumstances arises under
the Ordinance or these rules.

28. (1) The Commissioner of Prisons shall on notice
from the Registrar cause from time to dme such sufficient
number of male and female warders to attend the sittings of
the Full Court as having regard to the list ofappeals there-
at it shall consider necessary.

(2) An appellant who is not in custody shall, whenever
his case is called on before the Full Court, surrender him-
self to such persons as the court shall from time to time
direct, and thereupon shall be searched by them, and shall
be deemed to be in their lawful custody until further released
on bail or otherwise dealt with as the court shall direct.

29. (1) The Registrar shall keep available for use by
the Full Court any documents, exhibits or other things re-
lating to the prodeedings before the court and pending the
determination of the appeal such documents, exhibits or
other things shall be open as and when the Registrar may
arrange for the inspection of any party interested.

(2) The Full Court or any judge may at any stage of
an appeal whenever it or he may think necessary or
expedient in the interests of justice so to do, on application
by any party to an appeal, order any document, exhibit or
other thing connected with the proceedings to be produced
to the Registrar or before the said court by any person
having the custody or control thereof. Any order made
under this rule may be served as in this rule provided.

(3) Service of any order made under this rule shall be
personal service unless the court or the judge aforesaid
otherwise orders, and for the purpose of effecting due ser-
vice thereof the Registrar may require the assistance of the
police and may forward the order together with instructions





to the Commissioner of Police; and it shall be the duty Of
the Commissioner of Police to carry out any directions of
the Registrar under this rule.

Exhibits in court of trial, how dealt with.

30. Exhibits other than such documents as are usually
kept by the Registrar shall, after the determination of the
appeal and subject to any order which the Full Court may
make, be returned to the person who originally produced
the same : Provided that any such exhibit as to which an
order for restitution may have been made by the trial judge
or the property in which may revest on conviction under
the provisions of subsection (i) of section 26 of the Sale
of Goods Ordinance, shall not be so returned except under
the direction of the Full Court.

Notifying result of appeals.

31. (1) On the final determination of any appeal under
the Ordinance or of any matter under rule 22, the Registrar
shall give to the appellant, if he is in custody and has not
been present at such final determination, and to the Colonial
Secretary and to the Commissioner of Prisons notice of
such determination in Forms XXVIII, XXIX, XXX and
XXXI, respectively provided for such cases in the
Schedule.

(2) In any case of an appeal in relation to a convic-
tion involving sentence of death, the Registrar shall, on
receiving the notice of appeal or of application for leave to
appeal, send a copy thereof to the Colonial Secretary and
on the final determination of any such appeal by the Full
Court shall forthwith notify the appellant, the Colonial
Secretary and the Commissioner of Prisons.

Legal. aid to prisoners in capital cases
and appellants.

32. The Chief justice or in his absence a Puisne judge
may in capital cases or in any case in which a question
of law is reserved under section 81 of the Criminal Proce-





dure Ordinance, and the Full Court or a judge under
rule 22 may at any time in any appeal or proceedings pre-
liminary or incidental to ah appeal in which, in the opinion
of the court, it appears desirable in the interests of justice
that the prisoner or appellant should have legal aid, and
that he has not sufficient means to enable him to obtain that
aid, assign to a prisoner or appellant a solicitor and
counsel, or counsel only.

33. The Registrar shall report to a judge any case in
which it appears to him that, although no application has
been made for the purpose, a solicitor and counsel, or counsel
only, ought to be assigned to an appellant under these rules,
and any directions given thereupon by such judge shall be
final.

34. When legal aid is assigned to an appellant the Full
Court or a judge may give such directions as to the stage
of the appeal at which such legal aid shall commence and
whether counsel only, or counsel and a solicitor, shall be
assigned or otherwise as it or he may think right.

Copies of documents for use of appellants.

35. (1) At any time after notice of appeal or notice of
application for leave to appeal has been given under the
Ordinance or these rules, an appellant or his solicitor or the
Attorney General may obtain from the Registrar copies of any
documents or exhibits in his possession under the Ordinance
or these rules for the purposes of such appeal. Such copies
shall be supplied by the Registrar to thd appellant ot his
solicitor at the same fees as are taken for copies in the
original jurisdiction of the Supreme Court and such fees
shall be paid by stamps.

(2) Where a solicitor and counsel, or counsel only, are
assigned to an appellant under these rules or where an
appellant is not legally represented, copies of any documents
or exhibits which they or he may request the Registrar to
supply shall with leave of a judge be supplied by the
Registrar without charge.





Procedure as to witnesses before Full Court, and
their examination before examiner.

36. (1) Where the Full Court has ordered any witness
to attend and be examined before it under paragraph (b) of
subsection (8) of section 82 of the Ordinance, an order in
From XXV in the Schedule shall be served upon such
witness specifying the time and place at which to attend for
such purpose.

(2) Such order may be made on the application at any
time of the Crown or of the appellant, but if the appellant
is in custody and not legally represented the application shall
be made by him in Form XXVI in the Schedule.

(3) Where the Full Court orders the examination of
any witness to be conducted otherwise than before the court
itself, such order shall specify the person appointed as
examiner to take,and the place of taking such examination
and the witness or witnesses to be examined thereat.

(4) The Registrar shall furnish to the person appointed
to take such examination any documents or exhibits and any
other material relating to the said appeal as and when
requested so to do. Such documents and exhibits and other
material shall after the examination has been concluded be
returned by the examiner together with any depositions taken
by him under this rule to the Registrar.

(5) When the examiner has appointed the day and time
for the examination he shall request the Registrar to notify
the Attorney General and the appellant or his legal represen-
tatives, if any, and when the appellant is in prison, the
Commissioner of Prisons, thereof. The Registrar shall
cause to be served on every witness to be so examined a
notice in Form XXVII in the Schedule.

(6) Every witness examined before an examiner under
this rule shall give his evidence upon oath to be administered
by such examiner, except where any such witness if giving
evidence as a witness on a trial on indictment need not be
sworn.





(7) The examination of every such witness shall be
taken in the form of a deposition in the same manner as is
prescribed by section 80 of the Magistrates Ordinance, and
unless otherwise ordered shall be taken in private. The
caption in Form XXIV in the Schedule hereto shall be
attached to any stich deposition.

(8) Any order or notice required by this rule to be given
to any Witness may be served as an order may be served
under paragraph (3) of rule 29, and any such notice shall
be deemed to be an order of the Full Court on such witness
to attend at the time and place specified therein.

(9) The appellant or counsel or solicitor concerned in
the appeal shall be entitled to be present at and take part
in any examination of any witness to which this rule relates
and, if the appellant is in custody, a judge may by warrant
under the hand of the Registrar give directions to the Com-
missioner of Prisons for securing the attendance of the
appellant at any examination.

37. When an order of reference is made by the Full
Court under paragraph (d) of subsection (8), of section 82
of the Ordinance, the question to be referred and the person
to whom as special commissioner the same shall be referred
shall be specified in such order. The Full Court may in
such order, or by giving directions as and when it from
time to time shall think right, specify whether the appellant
or any other person may be present at any examination
or investigation or at any stage thereof as may be ordered
under paragraph (d) of subsection (8) of section 82 of the
Ordinance, and specify any and what powers of the Full
Court under the Ordinance or these rules may be delegated
to such special commissioner, and may require him from
time to time to make interim reports to the Full Court upon
the question referred to him under paragraph (d) of sub
section (8) of section 82 of the Ordinance, and may, if the
appellant is in custody, give leave to him to be present at
any stage of such examination or investigation and give the
necessary directions to the Commissioner of Prisons accord
ingly, and may give directions to the Registrar that copies
of any report made by such special commissioner shall be





furnished to the Attorney General or to the appellant or to
counsel or a solicitor on behalf of the appellant.

Cause lists.

38. (1) The Registrar shall keep a register in such
form as he thinks right of all cases in which he shall receive
a notice of appeal or notice of applicationfor leave to appeal
under the Ordinance, which register shall be open for public
inspection in such place and at such hours as the Registrar
subject to the approval of the Chief justice shall consider
convenient.

(2) The Registrar shall also take the necessary steps for
preparing from time to time a general list of cases to be dealt
with by the Full Court when fully constituted for hearing
appeals or for considering applications which a judge has,
when sitting under rule 22, refused to grant, and shall cause
such list to be published at such times, in such manner and
at such places as subject to the approval of the Chief justice
he shall think convenient for giving the notice to any parties
interested of the hearing of such cases by the Full Court.

(3) The Registrar shall also prepare from such general
list a list of appeals and applications which have been refused
by a judge when sitting under rule 22, which the Full Court
may consider on the days on which the Full Court as fully
constituted shall sit, and shall cause such list to be published
at such times, in such places and in such a manner as subject
to the approval of the Chief justice he shall think convenient
for giving the notice to any parties interested therein of the
bearing of the cases in such list by the Full Court. Provided
that where an appellant is in custody and has obtained leave
or is entitled to be present at the hearing and determination
of his application or appeal the Registrar shall notify the
appellant and the Commissioner of Prisons of the probable
day on which the appeal or application will be beard.

Miscellaneous provisions.

39. (1) Except where otherwise provided in these rules,
any application to the Full Court may be made by the Crown
or by the appellant or by counsel on his behalf orally or in
writing, but in regard to such applications, 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.

(2) In all proceedings before a judge under rule 22 and
in all preliminary and interlocutory proceedings and
applications except such as are heard before the Full Court,
the parties thereto may be represented and appear by a
solicitor alone.

40. When the Full Court has heard and dealt with any
application under the Ordinance or these rules, 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 Full Court in relation to the said application.

41. Non-compliance on the part of an appellant with
these rules or with any rule of practice for the time being
in force under the Ordinance shall not prevent the further
prosecution of his appeal if the Full Court or a judge under
rule 22 considers that such non-compliance was not wilful,
and that the same may be waived or remedied by amendment
or otherwise. The Full Court or a judge under rule 22 may,
in such manner as it or he thinks right, direct the appellant
to remedy such non-compliance, and thereupon the appeal
shall proceed. The Registrar shall forthwith notify to the
appellant any directions given by the court or the judge
under this rule, where the appellant was not present at the
time when such directions were given.

42. The performance of any duty imposed upon any
person under the Ordinance or these rules may be enforced
by order of the Full Court.

43. An appellant who is in custody may, at any time
before the determination of his appeal, be brought before
the Full Court or any judge, examiner or special commis-
sioner by warrant under the hand of the Registrar in Form
XXXII in the Schedule.





SCHEDULE.

[rule 6.] FORM I-A.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Judge's certificate.

In the Supreme Court of Hong Kong.
Ordinary Criminal Session holden at Victoria for the month
of 19

R. v.

WHEREAS the said
was tried and convicted before me, the undersigned, in the said
Court on the day of 19 on an
indictment charging him with
and was thereupon sentenced by me to

I DO HEREBY CERTIFY that the case is a fit case for an appeal
against conviction by the said to the
Full Court under paragraph (b) of subsection (1) of section 82
of the Criminal Procedure Ordinance, upon the following grounds-

(Signed)
Chief Justice
or
Puisne Judge.

Dated this day of 19

[rule 6] FORM 1-B.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Judge's certificate.

In the Supreme Court of Hong Kong.
Ordinary Criminal Session holden at Victoria for the month
of 19

R. v.

WHEREAS the said
was tried and convicted before me, the undersigned, in the said
Court on the day of 19 on an
indictment charging him with
and was thereupon sentenced by me to





I DO BEREBY CERTIFY that the case is a fit case for an appeal
against sentence by the said to the
Full Court under paragraph (c) of subsection (1) of section 82 of
the Criminal Procedure Ordinance, upon the following grounds-

(Signed)
Chief Justice
or
Puisne Judge.
Dated this day of 19

FORM II. [rule 18.]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

R. v.

Particulars of trial.

1. When tried.
2. Name of trial judge.
3. Verdict of jury.
4. Sentence, and any orders made consequent thereon.
5. Copy of the list of exhibits.
6. Whether a certificato under section 82 (1) (b) or (c) was
given.
7. Whether appellant was defended by counsel and a solicitor
privately, or by counsel at request of court.
Give names of counsel and/or solicitor for appellant.
8. Whether appellant bailed before trial, if so in what amount,
and whether with sureties, if so in what amount.

(Signed)

Registrar.

Dated this day of 19

FORM III.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

R. v.

Noticle of abandonment.

having been convicted of
at the Criminal Sessions for the month of 19
and having been desirous of appealing and having duly sent notice
to that effect to the Full Court against my said conviction: (or
the sentence of





passed upon me on my said conviction) do hereby give you notice
that I do not intend further to prosecute my appeal, but that I
hereby abandon all further proceedings in regard thereto as from
the date hereof.

(Signed)
(Witness)

Dated this day of 19

To the Registrar,
Courts of Justice,
Hong Kong.

[rule 23 (1).] FORM IV.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notice of Appeal.

Question of Law only.

To the Registrar, Courts of Justice, Hong Kong.

having been convicted of the offence of and being now
a prisoner in the Prison at
(or *now living at
do hereby give you Notice of Appeal against my conviction
(particulars of which hereinafter appear) to the Full Court on
questions of law, that is to say-

(Signed)

(or Mark)

Appellant.

Signature and address of
Witness attesting Mark.

Dated this day of 19

Particulars of Trial and Conviction.
1. Date of Trial.
2. Sentence.
3. Whether above questions of law were raised at the Trial.





You are required to answer the following questions-
1. If you desire to apply to the Full Court to assign you
legal aid on your appeal, state your position in life, and amount
of wages or salary, etc., and any other facts which you submit
show reason for legal aid being assigned to you.
2. Do you desire to be present on the hearing of your appeal
by the Full Court? If you do so desire, state the reasons upon
which you submit the said Court should give you leave to be
present.
3. The Full Court will, if you desire it, consider your case
and argument if put into writing by you or on your behalf, instead
of your case and argument being presented orally. If you desire
to present your case. and argument in writing, set out here as
fully as you think right your case and argument in support of
your appeal.

FORM V. [rule 23 (1).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notice of Appeal upon Certificate of the Trial. Judge.

To the Registrar, Courts of Justice, Hong Kong.
I,
having been convicted of the ofrence ofand being now
a prisoner in the Prison at
(or *now living at
and having duly obtained a Certificate which is hereto annexed
from the Judge before whom I was tried for the said offence,
that it is a fit case for appeal, do hereby give you Notice of
Appeal against my said conviction (particulars of which herein-
after appear) to the Full Court.

(Signed)

(or Mark)

Signature and address of Appellant.
Witness attesting Mark.
Dated this day of 19

Particulars of Trial and Conviction.
1. Date of Trial.
2. Sentence.

You are required to answer the following questions-
1. If you desire to apply to the. Full Court to assign you
legal aid on your appeal, state your position in life, amount of
wages or salary, etc., and any other facts which you submit show
reason for legal aid being assigned to you.





2. Do you desire to be present on the hearing of your appeal
by the Full Court?
3. The Full Court will, if you desire it, consider your case
and argument if put into writing by you or on your behalf, instead
of your case and argument being presented orally. If you desire
to present your case and argument in writing, set out here as
fully as you think right your case and argument in support of
your appeal.
You must send with this Notice to the Registrar the Certificate
of the Judge who tried you.

[rule 23 (1).] FORM VI.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of [he Revised Edition).

Notice of Appeal upon Certificate of the Trial Judge.

To the Registrar, Courts of Justice, Hong Kong

having been convicted of the offence of and being now
a prisoner in the Prison at
(or *now living at
and having duly obtained a Certificate which is hereto annexed
from the Judge before whom I was tried for the said offence,
that it is a fit case for appeal, do hereby give you Notice of
Appeal against the sentence passed upon me (particulars of which
hereinafter appear) to the Full Court.

(Signed)

(or Mark)
Appellant.
Signature and address of
Witness attesting Mark.

Dated this day of 19

Particulars of Trial and Conviction.

1. Date of Trial.
2. Sentence.

You are required to answer the following questions-
1. If you desire to apply to the Full Court to assign you
legal aid on your appeal, state your position in life, amount of
wages or salary, etc., and any other facts which you submit show
reason for legal aid being assigned to you.
2. Do you desire to be present on the hearing of your appeal
by the Full Court?
3. The Full Court will, if you desire it, consider your case
and argument if put into writing by you or on your behalf, instead
of your case and argument being presented orally. If you desire





to present your case and argument in writing set out here as
fully as you think right your case and argument in support of
your appeal.
You must send with this Notice to the Registrar the Certificate
of the Judge who tried you.

FORM VII. [rule 23 (1).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notice of Application for Leave to Appeal against a
Conviction under s. 82 (1) (6).

To the Registrar, Courts of Justice, Hong Kong.

having been convicted of the offence of and being now
a prisoner in the Prison at
(or *now living at
and being desirous of appealing against my said conviction do
hereby give you Notice that I hereby apply to the Full Court
for leave to appeal against my said conviction on the grounds
hereinafter set forth.

(Signed)

(or Mark)

Appellant.
Signature and address of
Witness attesting Mark.

Dated this day of 19

Particulars of Trial and Conviction.

1. Date of Trial.
2. Sentence.
Grounds for Application.

You are required to answer the following questions-
1. If you desire to apply to the Full Court to assign you
legal aid on your appeal, state your position in life, amount of
viages or salary, etc., and any other facts which you submit show
reason for legal aid being assigned to you.
2. If you desire to be present when the Full Court considers
your present application for leave to appeal, state the grounds
on which you submit that the Full Court should give you leave
to be present thereat.





3. The Full Court will, if you desire it, consider your case
and argument if put into writing by you or on your behalf, instead
of your case and argument being presented orally. If you desire
to present your case and argument in writing set out here as
fully as you think right your case and argument in support of
your appeal.
State if you desire to be present at the final hearing of your
appeal.

[rule 23 (1).] FORM VIII

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notice of Application for Leave to Appeal against Sentence.

To the Registrar, Courts; of Justice, Hong Kong.

having been convicted of the offence ofand being now
a prisoner in the Prison at
(or *now living at
do hereby give you Notice that I desire to apply to the Full
Court for leave to appeal to the said Court against the sentence
ofpassed upon me for the said offence, on the
following grounds-

(Signed)

(or Mark)

Signature and address of Appellant.
Witness attesting Mark.
Dated this day of 19

Particulars of Trial and Conviction.

Date when sentence passed.

You are required to answer the following questions-
1. If you desire to apply to the Full Court to assign you
legal aid on your appeal, state your position in life, wages, salary,
etc., and any other facts which you submit show reason for legal
aid being assigned to you.
2. If you desire to be present when the Full Court considers
your present application for leave to appeal, state the grounds
on which you submit that the Full Court should give you leave
to be present thereat.
State if you desire to be present at the final hearing of
your appeal.





3. The Full Court will, if you desire it, consider your case
and argument if put into writing by you or on your behalf, instead
of your case and argument being presented orally. If you desire
to present your case and argument in writing, set out here as
fully as you think right your case and argument in support of
your appeal.

FORM IX. [rule 21.]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notice of Application for Extension of Time within
which to Appeal.

To the Registrar, Courts of Justice, Hong Kong.

I,
having been convicted of the ofrence of
at the Criminal Session for the month of
19 held at Victoria on the day of
19 and being now a prisoner in the Prison at
(or *now living at
give you Notice that I hereby apply to the Full Court for an
extension of the time within which I may give Notice of Appeal
(or Notice of Application for leave to appeal) on the grounds
following-
(Signed)

(or Mark)
Appellant.
Signature and address of
Witness attesting Mark.

Dated this day of 19

You are required to send to the Registrar, duly filled up,
and with the questions appearing thereon properly answered, Form
IV, if your proposed appeal involves a question of law alone; or
Form V or VI, if you have obtained the Certificate of the Judge
of the Court of Trial; or Form VII, if you have not obtained
such Certificate; or Form VIII, if you desire to appeal against
your sentence only, together with this Notice.

FORM X. [rule 26 (7).]

CRIMINA PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Recognizance of Bail of Appellant.

Be it remembered that whereas
was convicted of
on the day of 19. (and was





thereupon sentenced to
and now is in lawful custody in thePrison at
and has duly appealed against his conviction (and
sentence) to the Full Court, and has applied to the said Court
for bail pending the determination of his appeal, and the said
Court has granted him bail on entering into his own recognizances
in the sum of $
(and with sureties each in the sum of $
the said
personally cometh before me the undersigned being one of the
Justices of the Peace for the Colony of Hong Kong (or Com-
missioner of Prisons), and acknowledges himself to owe to our
Lord the King the said sum of $
of good and lawful money of Hong Kong, to be made and levied
on his goods and chattels, lands and tenements to the use of our
said Lord the King, his heirs and successors if he the said
fail in the condition hereon endorsed.
Taken and acknowledged this day of
19 at the Prison at before me.
Justice of. the Peace.
or
Commissioner of Prisons.
(as the case may be).
Condition.
The condition of the within written recognizance is such that
if he the said
shall personally appear and surrender himself at and before the
Full Court at each and every hearing of his appeal to such Court
and at the final determination thereof and to then and there abide
by the Judgment of the said Court and not to depart or be absent
from such Court at any such hearing without the leave of the
said Court, and in the meantime not to depart out of the Colony
of Hong Kong, then this recognizance to be void or else to stand
in full force and effect.
The following to be filled up by the Appellant and signed
by him-
When relbased on bail my residence, to which any Notices,
etc., are to be addressed, will be as follows:-

(Signed)

Appellant.

[rule 26 (7).] FORM Xl.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Reviqed Edition).

Recognizance of Appellant's Sureties.

Be it remembered that on this day of
19 , of
(occupation) and of
(occupation) personally came before me the undersigned being the
Registrar of the Supreme Court (or a Magistrate in the Colony





of Hong Kong) and severally acknowledged themselves to owe to
our Lord the King the several surd following, that is to say,
the said the sum of $
and the said the sum of $
of good and lawful money of Hong Kong, to be made and levied
on their goods and chattels, lands and tenements, respectively, to
the use of our said Lord the King, his heirs and successors. if
now in lawful custody in the
Prison at fail in the condition
hereon endorsed.
Taken and acknowledged before me the undersigned, the day
and year first above mentioned.
Registrar
or
Magistrate.
Condition.
The condition of the within written recognizance is such that
whereas the said
having been convicted of
and now in such lawful custody as before-mentioned (under a
sentence of for such offence),
has duly appealed to the Full Court against his said conviction
(and sentence), and having applied to the said Court for bail,
pending the determination of his said appeal, has, been granted
bail on his entering into recognizances in the sum of $
with sureties each in the sum of $
if the said
shall personally appear and surrender himself at and before the
said Court at each and every hearing of his said appeal to such
Court and at the final determination thereof, and to there and
then abide by the Judgment of the said Court and not depart or
be absent from the said Court at any such hearing without the
leave of the Court, and in the meantime not to depart out of
the Colony of Hong Kong, then this recognizance to be void or
else to stand in full force and effect.

FORM XII. [rule 26 .(6).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notice to Commissioner of Prisons to Release Appellant on Bail.

R. v.
To the Commissioner of Prisons at Prison:
WHEREAS
has duly appealed to the Full Court against his conviction. for
(and sentence of
and having duly applied to the said Court
has been granted bail by the said Court pending the determina
tion of his said appeal on entering into recognizances himself in
the sum of $ (and with sureties each
in the sum of $ ] in the forms providel under
the said Ordinance:And Whereas I, the Registrar of the Supreme
Court, have been given to understand that the said





is now in your lawful custody in the said prison
under the said conviction and sentence:And Whereas I have
received a recognizance of the saidfrom you,
'(and recognizances from sureties for the said
), and the said recognizances are in due form and
in compliance with the order of the said Full Court, admitting
the said to bail.
Now I DO GIVE YOU NOTICE that if the said
do remain in your custody under the said conviction
(and sentence) and for no other cause you shall on receipt of
this Notice sufl`er him to go at large. And this Notice shall be
your authority in that behalf.

Registrar, Supreme Court.

Dated this day of ' 19

[rule 23 (2).] FORm XIII.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notification to Appellant of Judge's Decision under rule 22.

R. v.

I HEREBY GIVE YOU NOTICE that the Chief Justice (or the Puisne
Judge) having considered your applications for-
(a) leave to appeal;
(b)extension of time within which Notice of Appeal or of
Application for leave to appeal may be given;
(c) legal aid to he assigned to you;
(d)permission to you to be present at the hearing of any
proceedings in relation to your appeal,
has refused the applications marked
(and has granted.your applications
marked
If 'YOU desire to have the above mentioned applications which
have been refused determined by the Full Court you are required
to fill up the enclosed form and return it to rne forthwith.

Dated this day of 19

(Signed)

Registrar.,

To the above named





FORM XIV. [rule 23 (2).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notice of Appeal by Appellant from Judge, under rule 22.

R. v.

I,
having received your notification that my applications for-
(a) leave to appeal;
(b)extension of the time within which Notice of Appeal or of
Application for leave to appeal may be given;
(c) legal aid to be assigned to me;
(d)permission to me to be present at the hearing of any
proceedings in relation to my appeal,
have been refused;
do hereby give you Notice that I desire that the said applications
shall be considered and determined by the Full Court (*and that
as I am not legally represented I desire to be present at the
determination of my said applications).

(Signed)
(or Mark)

Signature and address of Appellant.
Witness attesting Mark.
To the Registrar, Courts of Justice, Hong Kong
Dated this day of , 19
If you desire to state any reasons in addition to those set out
by you in your. original notice upon which you submit that the
Full Court should grant your said applications, you may do so
in the space below.

FORM XV. [rule 26 (5).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Certificate to Surety.

R. v.

Tnis IS TO CERTIFY that you
of whose signature
is below, have been accepted by me the undersigned Registrar
(or Magistrate) on this day of





19 as surety for the above named
in the sum of for the due appearance
of the said
before the Full Court at each and every hearing of his appeal
and at the final determination thereof, and that the said
shall then and there abide by the
Judgment of the said Court and not depart or be absent from such
Court at any such hearing without the leave of the said Court,
and in the meantime not to depart out of this Colony. And that
your said recognizance will be duly forwarded by me to the
Registrar at. the Courts of Justice, Hong Kong.

(Signed)
Registrar
or
Magistrate.

I acknowledge that the above Certificate is correct.

(Signed)
(Surety).

Dated this day of 19

[rule 26 (10)] FORM XVI.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Information of Surety for Arrest of Appellant.

R.v. (Appellant).

of The Information of laid before me the
undersigned Magistrate
upon an application for a Warrant for the apprehension of*
and the deposition
of the said in support thereof
on the day of 19
The said
saith as follows:-
do say that the above named*
having been granted bail by the Full Court, himself in the sum of
$ , and with
surety in the sum of $ was released on such bail on
condition that he should personally appear and be present at and
before the Full Court at each. and every hearing of his appeal and
at the final determination thereof and to then and there abide by
the Judgment of the said Court and not to depart or be absent
from such Court on any such hearing without the leave of the
said Court and in the meantime not to depart out of the Colony
of Hong Kong:





And that I became surety for the performance of the said
conditions by the said
in the sum of $ a Certificate whereof signed by
the Magistrateand by me is now
shown to me marked (a):
And that I suspect that the said
is about to depart out of the said Colony (or state in what manner
the Appellant is believed to be about to fail in the observance of
his recognizances) and I therefore desire to surrender the said
into custody and thereby discharge myself from
my said recognizances. I verily believe that the said
is now living at
(Signed)

(Surety).
Laid before me the day and year first above written.

(Signed)
Magistrate.

FORM XVII. [rule 26 (10).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Warrant on Information of Surety.

To each and all of the police officers of the Colony of Hong Kong.
WHEREAS information hath been duly laid before me the
undersigned by*
of for that
having been released on bail by the Full Court on recognizances
conditioned to appear and to be present at and before the Full
Court at each and every bearing of his appeal and at the final
determination thereof and to then and there abide by the Judgment
of the said Coure and not to depart or be absent from such Court
on any such hearing without the leave of the said Court and in the
meantime not to depart out of the Colony of Hong Kong:
And that the said*
doth suspect that the said
is about to depart out of the said Colony (or as the case may be):
And that the said
is believed to be living at
These are therefore to authorize you the said police officers forthwith
to apprehend said
and to bring him before a Magistrate
to the intent that he may be committed to prison and there be
detained accgrding to law.
Given under my hand and seal this day of

19

(Signed)

. Magistrate.





[rule 26 (11)-] FORM XVIII.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Commitment of Appellant on Surety's Information.

Toeach and all of the police officers of the Colony of Hong Kong
and to the Commissioner of Prisons.
WHEREAS on the day of 19
information was laid before a Magistrate
upon an application for a warrant for the apprehension of
for that he being a
prisoner released on bail by the Full Court was believed and
suspected of being about to fail to observe the conditions of his
recognizance by the said
his surety: . And that the said
was then desirous of surrendering the said
AND WHEREAS the said*
being now before me and surrendered by the said
in discharge of his recognizances You are therefore
hereby commanded forthwith to deliver him the said
to the Commissioner of Prisons at
Prison together with this warrant of Commitment and you the
said Commissioner of Prisons are required to receive the said

into ypur custody in the said prison and there safely to keep him
according to law.
Given under my hand and seal this day of

(Signed)

Magistrate.

[rule 26 (8) and (13)] FORM XIX.

CRIMINAL PRCCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Warrant for Arrest of Appellant on Bail.

R. v.

To each and all of the police officers of the Colony of Hong Kong
and to the Commissioner of Prisons.
WHEREAS an Appellant
in the Full Court has been released by the said Court on bail, and
it has now been ordered by the said Court that a Warrant be
issued for the apprehension of the said





These are therefore to command you the said police officers forthwith to
apprehend the said and to bring him to the Commissioner of Prisons at Prison
and there deliver him with this Warrant into the custody of the said
Commissioner and you the said Commissioner of Prisons are hereby required
to receive the said into your custody in the said prison and there safely to
keep him until further order of the said Court. (Signed)

Chief Justice
or
Puisne Judge.
(as the case may be)

Dated this day of , 19

FORM XX. [rule 7 (3).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Recognizance of Appellant sentenced to Payment of a Fine.

Be it remembered that whereas
of was on the (lay of

of 19 , in the Supreme Court convicted

and was thereupon sentenced to pay the sum of $
as a fine for his said offence by the
and has intimated to the Trial Judge that he desires to appeal
against his said conviction on a question of law alone (or upon
a certificate of the Trial Judge that this is a fit case for appeal):
And whereas the said Trial Judge considers that the said Appellant
may, in lieu of payment at and upon his said conviction of the
said sum, be ordered to enter into recognizance of bail himself
in the sum of $ and with
sureties, each in the suni of $ to prosecute
his said appeal before the Full Court.

The said
doth hereby acknowledge himself to owe to our Lord the King
the said sum of $ of good and lawful money of
Hong Kong, to be made and levied on his goods and chattels,
lands and tenements to the use of our said Lord the King his
heirs and successors if he the said
fail in the conditionhereon indorsed.

Taken and acknowledged this day of 19

at the Courts of Justice, Hong Kong, before me.

(Signed)

Registrar.

Condition.

The condition of the within writtenrecognizance is such that
if the said of

shall personally appear and be present at and before the Full





Court at each and every hearing of his appeal to such Court, and
at the final determination thereof and then and there to prosecute
his said appeal and abide by the Judgment of the said Court, and
not to depart or be absent from such Court at any such hearing
without leave of the said Court, and to pay the sum of
$ or such sum as the said Court may order to
the Registrar thereof, then this recognizance shall be void, otherwise
of full force and effect.

[rule 7 (3).] FORM XXI

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Recognizance of Sureties for Appellant sentenced to a Fine.

Be it remembered that on the day of
19 of
(occupation) and of
(occupation) personally came before the Registrar of the Supreme
Court and severally acknowledged themselves to owe to our
Lord the King the several sums following, that is to say, the said
the sum of $ and the
said
the sum of $ of good and lawful money of
Hong Kong, to be made and levied on their goods and chattels,
lands and tenements respectively to the use of our said Lord the
King his heirs and successors if
now before the said Court fail in the condition hereon endorsed.
Taken and acknowledged before me the said Registrar on the
day and year first above mentioned.

(Signed)

Registrar.

Condition.
The condition of the within writterx recognizance is such that
whereas the said
having been convicted of
and having been sentenced to pay a fine of $ for his
said offence, and having now intimated his desire to appeal on
questions of law alone (or with the certificate of the Trial Judge) to
the Full Court against the said conviction, and having, in lieu of
payment at and upon his said conviction of the said sum of
$ been ordered to enter into recognizance of
bail himself in the sum of $ and with
sureties in the sum of $ if the
said
shall personally appear and be present at and before the Full
Court at each and every hearing of his appeal to such Court and
at the final determination thereof, and then and there to prosecute
his said appeal and abide by the Judgment of the said Court, and
not to depart or be absent from such Court at any such hearing
without the leave of the said Court, then this recognizance to be
void, or else to stand in full force and effect.





FORM XXII. [rule 7(5).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notice to Appellant Sentenced to Fine, of Breach of
his Recognizances.

R. v.

To the above named
Appellant.

WHEREAS you were convicted on the day of
19 ', of the ofrence of
and were sentenced to the payment of $ and in
default of such payment to imprisonment, and whereas under the
Criminal Appeal Rules you entered into recognizances in the sum
of $ , with sureties in the sum of
$each to prosecute your Appeal, and whereas
10 days have elapsed since your said conviction, and no Notice of
Appeal has been served by you, Now I hereby give you Notice
that unless you attend before
on the day of 19 , at
o'clock in the noon at the Courts of Justice, Victoria,
and then show good cause to the contrary, the said
may order an estreat of your recognizances and those of
your sureties; or may otherwise deal with you according to law.

(Signed)

Registrar.

FORM XXIII. [rule 7 (5).]

CRIMINAL PROCWURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notice to Surety for Appellant before Estreat of Recognizance.

R. v.
To
of
WHEREAS YOU the above named became duly
bound in recognizances as surety, for that the said
having been convicted of
and for his said ofrence fined the sum of
$ should duly prosecute an appeal in relation to his





said conviction before the Full Court, and whereas the said
has not so prosecuted his appeal, Now I hereby give
you Notice that unless you attend before
on the day of
19 , at o'clock in the noon at the Courts of
Justice, Victoria, your recognizances may be ordered to be estreated,
unless you then show good cause to the contrary.

(Signed)

Registrar.

[rule 36(7).] FORM XXIV

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Caption for Deposition of Witness Examined before Examiner.

R. v.

The depositions (on oath) taken before me the undersigned,
being an Examiner duly appointed by the Full Court in that
behalf, of of
and of
witnesses, examined before me under an order of the said Court
dated the day of ' 19 in the presence of
the said Appellant (or of his counsel
and solicitor) and the Attorney General or his duly authonzed
representative at
on the day of 19 , which said
Appellant (personally, or by his counsel and solicitor) and the
Attorney General or his duly authorized representative had full
opportunity of asking questions of the said witnesses, to whont
the depositions following were read by me before being signed by
thern the said witnesses respectively.
The deposition of of
who (upon oath duly administered by me) saith as follows-

(Here follows deposition).

(Signed)

Witness.

Taken before me this
day of 19

Examiner.





FORM XXV. [rule 36(1).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Order to Witness to Attend Court for Examination.

R. v.

To of (Name, etc., of witness).,
WHEREAS on good cause shown to the Full Court you have been
ordered to attend and be examined as a witness before such.Court
upon, the appeal of the above named
This is to give you Notice to attend before the said Court on
the day of 19 , at the Courts
of Justice, Victoria, in this Colony, at o'clock in the
noon.You are also required to have with you at the said time
and place any books, papers or other things relating to the said
appeal which you may have had notice so to produce.

Registrar.

Dated this day of 19

FORM XXVI. [rule 36(2).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition),

Appellant's Application for further Witnesses.

R. v.

I,
having appealed to the Full Court hdreby request you to take notice
that I desire that the said Court shall order the witness(es) here-
inafter specified to attend the Court and be examined on my behalf.

(Signed
(or Mark)

Appellant.
Signature of Witness
attesting Mark.

Dated this day of 19





You are required to fill up the following form and sign the same.
1. Name and address
of witness.
2. Whether such witness
has been examined at Trial.
3. If not, state the reason
why he was not so examined.
4. On what matters do
you wish him to be examined
on the appeal?
State shortly the evidence
you think he can give.

[rule 36(5).] FORM XXVII.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notice to Witness to attend before Examiner.

R. v.

To of (Name, etc., of witness).
WHEREAS on good cause shown to the Full Court you have been
ordered to be examined as a witness upon the appeal of the above
namedand your deposition to be taken for the
use of the said Court.
This is to give you notice to attend at
on the day of 19 , before
at o'clock in the noon.
You are also required to have with you at the said time and
place any books, papers or other things under your control or in
your possession in any manner relating to the said appeal which
you may have had notice so to produce.

Registrar.

Dated this day of 19

[rule 31(1).] FORM XXVIII.

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition),

Notification to Appellant of Result of his Appeal.

R. v.

To the above-named Appellant.





This is to give you Notice that the Full Court, having considered
the matter of your appeal, has finally determined the same, and has
this day given judgment to the effect following (here shortly state
the judgment of the Court e.g., that your appeal be dismissed or
that the sentence against which you appealed be altered from
to
or as the case may be).

(Signed)

Registrar, Supreme Court.

Dated this day of 19

FORM XXIX [rule 31(1).]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

Notification to Appellant of Result of Application under rule 22.

R. v.

To the above-named Appellant.
This is to give you Notice that the Full Court has ~onsidered
the matter of your application for-
(a) leave to appeal to the said Court;
(b)leave to extend the time within which you may give Notice
of Appeal or of Application for leave to appeal;
(c) legal aid to be assigned to you;
(d) permission to be present during the proceedings in your
appeal,
and has finally determined the same and has this day given judgment
to the effect following (here set out decision of Full Court e.g., that
you have days from the day of within
which you may give Notice of Appeal, or that you may be admitted
to bail in your own recognizances in the surn of $
with two sufficient sureties in the sum of $ each,
or as the case may be).

(Signed)

Registrar, Supreme Court.

Dated this day of 19





[rule 31 (1).] FORM XXX

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

R. v.

To The Honourable the Colonial Secretary.
To the Commissioner of Prisons.
This is to give you Notice that the above-mentioned
having applied for-
(a) leave to appeal to the Full Court;
(b)leave to extend the time within which he may give Notice
of Appeal or of an Application for leave to appeal;
(c) legal aid to be assigned to him;
(d)permission to be present during the proceedings in his
Appeal;
(e) his admission to bail,
under the Criminal Procedure Ordinance, the Full Court has this
day finally determined his said Applications and has given judgment
to the effect following (here set out the decision of the Court).

(Signed)

Registrar, Supreme Court.

Dated this day of ' 19

[rule 31(1).] FORM XXXI

CRIMINAL PROCEDURE ORDINANCE,
(Chapter 221 of the Revised Edition).

R. v.

To The Honourable the Colonial Secretary.
To the Commissioner of Prisons.
This is to give you Notice that the above-named
having appealed against his conviction of the offence
of at the Criminal Sessions for
the month of 19 (or the sentence of
passed upon him for the offence
of at the Criminal Sessions for the
month of 19 ), the Full Court has finally
determined the said appeal and has this day given judgment therein
to the effect following (here set out the decision of the Court).

(Signed)

Registrar, Supreme Court.

Dated. this day of 19





FORM XXXII. [rule 43.]

CRIMINAL PROCEDURE ORDINANCE.
(Chapter 221 of the Revised Edition).

In the Supreme Court of Hong Kong.

Criminal Appeal No, of 19

R. v.

To the Commissioner of Prisons.
GREETING:
WHEREAS the above-named
is detained in prison under your custody
THESE are therefore to command you to have the body of the
said
under safe and secure conduct at the Courts of Justice at Victoria
in this Colony (or elgeivhere as the case may be)
at o'clock in thenoon on the day of
19 so on from day to day and there to
bring him before*
and immediately after the proceedings before the said*
shall have terminated to take him the said
back without delay to the prison and there
detain him until he be discharged in due course of law.
Given under my hand and the Seal of the Supreme Court this
day of 19

Registrar.

INDICTMENT RULES.

(Cap. 221, section 17).
(Ordinance No. 9 of 1899).

[12th October, 1919.]

(i) A description of the offence charged in an in-
dictment, or where more than one offence is charged in an
indictment, of each offence so, charged, shall be set out in
the indictment in a separate paragraph called a count.

(2) A count of an indictment shall commence with a
statement of the offence charged, called the statement of
offence.
Regulations - Fraser, vol. 1, p. 173. Citation Definition (Cap. 221) Scheduled forms to be used. Notices of appeal to be signed by appellant and addressed to Registrar How notices, etc., may be sent or given. Where appellant unable to write Appellant's representative may act for him where question of insanity involved Notices, etc., on behalf of corporations. Record of case. Judge's certificate under s. 82 (1) (b) or (c) Judge's certificate may be given at trial without application Fine imposed on conviction to be retained pending appeal Person in custody in default of payment of fine deemed to be person sentenced to imprisonment. Person fined may in certain cases intimate appeal. and not pay fine. Power of trial judge in such cases to impose recognizances. Fine to be repaid on success of appeal. How appellant committing breach of recognizance under this rule may be dealt with. Custody of exhibits. Suspension of orders made by trial judge. [r. 9 cont.] Annulment or variation of orders Persons affected may be heard on appeal Record of orders Non-suspension of orders for restitution, etc., to be subject to property or a sample, etc., being necessary for purposes of appeal. (Cap. 26) Judge's directions as to property of convicted person pending appeal. Suspension of disqualification consequent on conviction. Suspension of order of destruction or forfeiture of property. Suspension of proceedings or claims consequent on convictions. Period of suspension of orders under s. 82 (5)(e) of Ordinance. (Cap. 26.) Judge's note to be furnished to the Registrar on request. Report of trial judge. Judge's report to be furnished to Full Court. Obligation on appellants to fill up forms of appeal notices and answer questions theron. Time for appealing against conviction to run from verdict. Time for appealing against sentence to run from pronouncement of sentence. Registrar to prepare particulars, etc., of trial. Notice of application for leave to appeal. Abandonment of appeal. Notice of application for extension of time for appealing. Powers which may be exercised by a single judge. How application for leave to appeal and other preliminary applications are to be dealt with. Procedure where judge refuses applications under rule 22. Sittings of a judge under rule 22. Registrar to send copies of notices to Attorney General. Frivolous and vexatious appeals. Unopposed, appeal. Defence of appeals. Bail. Full Court to specify amount and before whom recognizances to be taken. Appellant's recognizances to be taken before a justice or Commissioner of Prisons; surety's recognizances before Registrar of magistrate. Appellant and Commissioner to Prisons to receive notice of terms of bail. Police to assist Registrar or magistrate in inquiring as to surety's sufficiency. Appellant's and surety's recognisances to be forwarded to Registrar. Registrar or magistrate to give surety certificate of recognizances. Registrar on receiving recognizances in due form to notify the Commissioner of Prisons to release appellant. Form of recognizance. Presence of appellant on bail at hearing of his appeal. Varying order for bail, by Full Court. [r. 26 cont.] Provisions for sureties discharging their obligations. How appellant on bail to be dealt with on arrest at instance of sureties. Arrest and commitment of appellant to be notified to Registrar by magistrate. Power to revoke order for bail. Commissioner of Prisons on commitment of appellant to notify Registrar. Sureties' rights at common law preserved. Estreat of recognizances. Duty of police, etc., to inquire and report as to appellant's means for purposes of Ordinance on request of Registrar. Warders, etc., to attend sittings of Full Court. Appellant to surrender on appeal, be searched, and remain in custody until further dealt with. Registrar to keep documents, exhibits, etc., for purposes of appeal, and same to be open for inspection. Full Court may order production of any document or exhibits, etc. Service of orders. [r. 29 cont.] Exhibits to which rule 8 relates to be returned to persons producing the same subject to order of court. (Cap. 26.) On final determination of appeals, etc., Registrar to notify appellant and Commissioner of Prisons. In cases of death sentence, notice of appeal and of final determination to be sent to the Colonial Secretary. Legal aid in capital cases and on appeals. (Cap. 221.) Registrar to report if legal aid should be given. Directions as to legal aid. How appellant or Attorney General may obtain from registrar copies of documents or exhibits. Appellant may receive copies of documents and exhibits free on his request. Attendance of witness before Full Court. Application to court to hear witnesses. Order appointing examiner. Registrar to furnish examiner with exhibits, etc., necessary for examination. Notification of date of examination. Evidence to be given on oath. Deposition of witness, how to be taken. (Cap. 227.) Service of notices and orders under rule. Proceedings under s. 82 (8) (d) on reference. [r.37 cont.] Register of appeals to be kept by the Registrar. Registrar to keep general list of appeals. List of cases for sittings of court. Notices to appellants in custody. Application not specially provided for, how made. Audience of solicitors. Notice by - Registrar to appellant of results of all applications. Non-compliance with rules not wilful may be waived by court. Enforcing duties under rules. Warrant to secure attendance of appellant. (State shortly the offence, e.g., larceny, murder, forgery, etc.) (Here specify in general terms the grounds on which certificate granted.) (State shortly the offence, e.g., larceny, murder, forgery, etc.) (Here specify in general terms the grounds on which certificate granted.) Schedule, - cont. (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Here state as clearly as you are able the question or questions of law on which you desire to appeal.) (Fill in all these particulars.) (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Fill in all these particulars.) Schedule. - cont. (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Fill in all these particulars. (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Fill in all these particulars.) Here state as clearly and concisely as possible the grounds on which you desire to appeal against your conviction.) Schedule, - cont. (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Here set forth the grounds on which you desire to question the sentence.) (Fill in all these particulars.) (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Here set out clearly and concisely the reasons for the delay in giving such Notice, and the grounds on which you submit the court should extend the time.) Schedule, - cont. Schedule, - cont. (Strike out any applications which have not been made or which have been granted.) (*Strike out this if you do not desire to be present.) (Here fill in surety's name and address.) Schedule, - cont. () To Wit. (*Appellant). (Warrant issued by Full Court.) Schedule, - cont. (Full Court or Judge as the case may be.) (*Fill in here surety's name and address.) Schedule, - cont. (Full court or Judge as the case may be.) Schedule, - cont. (*Specify place of examination.) (Fill in examiner's name.) Schedule, - cont. (*The Full Court, a Judge, Examiner or Special Commissioner as the case may be.) Ord. 17 of 1919, s. 2, Schedule. Mode in which offences are to be charged.

Regulations - Fraser, vol. 1, p. 173. Citation Definition (Cap. 221) Scheduled forms to be used. Notices of appeal to be signed by appellant and addressed to Registrar How notices, etc., may be sent or given. Where appellant unable to write Appellant's representative may act for him where question of insanity involved Notices, etc., on behalf of corporations. Record of case. Judge's certificate under s. 82 (1) (b) or (c) Judge's certificate may be given at trial without application Fine imposed on conviction to be retained pending appeal Person in custody in default of payment of fine deemed to be person sentenced to imprisonment. Person fined may in certain cases intimate appeal. and not pay fine. Power of trial judge in such cases to impose recognizances. Fine to be repaid on success of appeal. How appellant committing breach of recognizance under this rule may be dealt with. Custody of exhibits. Suspension of orders made by trial judge. [r. 9 cont.] Annulment or variation of orders Persons affected may be heard on appeal Record of orders Non-suspension of orders for restitution, etc., to be subject to property or a sample, etc., being necessary for purposes of appeal. (Cap. 26) Judge's directions as to property of convicted person pending appeal. Suspension of disqualification consequent on conviction. Suspension of order of destruction or forfeiture of property. Suspension of proceedings or claims consequent on convictions. Period of suspension of orders under s. 82 (5)(e) of Ordinance. (Cap. 26.) Judge's note to be furnished to the Registrar on request. Report of trial judge. Judge's report to be furnished to Full Court. Obligation on appellants to fill up forms of appeal notices and answer questions theron. Time for appealing against conviction to run from verdict. Time for appealing against sentence to run from pronouncement of sentence. Registrar to prepare particulars, etc., of trial. Notice of application for leave to appeal. Abandonment of appeal. Notice of application for extension of time for appealing. Powers which may be exercised by a single judge. How application for leave to appeal and other preliminary applications are to be dealt with. Procedure where judge refuses applications under rule 22. Sittings of a judge under rule 22. Registrar to send copies of notices to Attorney General. Frivolous and vexatious appeals. Unopposed, appeal. Defence of appeals. Bail. Full Court to specify amount and before whom recognizances to be taken. Appellant's recognizances to be taken before a justice or Commissioner of Prisons; surety's recognizances before Registrar of magistrate. Appellant and Commissioner to Prisons to receive notice of terms of bail. Police to assist Registrar or magistrate in inquiring as to surety's sufficiency. Appellant's and surety's recognisances to be forwarded to Registrar. Registrar or magistrate to give surety certificate of recognizances. Registrar on receiving recognizances in due form to notify the Commissioner of Prisons to release appellant. Form of recognizance. Presence of appellant on bail at hearing of his appeal. Varying order for bail, by Full Court. [r. 26 cont.] Provisions for sureties discharging their obligations. How appellant on bail to be dealt with on arrest at instance of sureties. Arrest and commitment of appellant to be notified to Registrar by magistrate. Power to revoke order for bail. Commissioner of Prisons on commitment of appellant to notify Registrar. Sureties' rights at common law preserved. Estreat of recognizances. Duty of police, etc., to inquire and report as to appellant's means for purposes of Ordinance on request of Registrar. Warders, etc., to attend sittings of Full Court. Appellant to surrender on appeal, be searched, and remain in custody until further dealt with. Registrar to keep documents, exhibits, etc., for purposes of appeal, and same to be open for inspection. Full Court may order production of any document or exhibits, etc. Service of orders. [r. 29 cont.] Exhibits to which rule 8 relates to be returned to persons producing the same subject to order of court. (Cap. 26.) On final determination of appeals, etc., Registrar to notify appellant and Commissioner of Prisons. In cases of death sentence, notice of appeal and of final determination to be sent to the Colonial Secretary. Legal aid in capital cases and on appeals. (Cap. 221.) Registrar to report if legal aid should be given. Directions as to legal aid. How appellant or Attorney General may obtain from registrar copies of documents or exhibits. Appellant may receive copies of documents and exhibits free on his request. Attendance of witness before Full Court. Application to court to hear witnesses. Order appointing examiner. Registrar to furnish examiner with exhibits, etc., necessary for examination. Notification of date of examination. Evidence to be given on oath. Deposition of witness, how to be taken. (Cap. 227.) Service of notices and orders under rule. Proceedings under s. 82 (8) (d) on reference. [r.37 cont.] Register of appeals to be kept by the Registrar. Registrar to keep general list of appeals. List of cases for sittings of court. Notices to appellants in custody. Application not specially provided for, how made. Audience of solicitors. Notice by - Registrar to appellant of results of all applications. Non-compliance with rules not wilful may be waived by court. Enforcing duties under rules. Warrant to secure attendance of appellant. (State shortly the offence, e.g., larceny, murder, forgery, etc.) (Here specify in general terms the grounds on which certificate granted.) (State shortly the offence, e.g., larceny, murder, forgery, etc.) (Here specify in general terms the grounds on which certificate granted.) Schedule, - cont. (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Here state as clearly as you are able the question or questions of law on which you desire to appeal.) (Fill in all these particulars.) (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Fill in all these particulars.) Schedule. - cont. (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Fill in all these particulars. (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Fill in all these particulars.) Here state as clearly and concisely as possible the grounds on which you desire to appeal against your conviction.) Schedule, - cont. (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Here set forth the grounds on which you desire to question the sentence.) (Fill in all these particulars.) (Here state the offence, e.g., larceny, murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Here set out clearly and concisely the reasons for the delay in giving such Notice, and the grounds on which you submit the court should extend the time.) Schedule, - cont. Schedule, - cont. (Strike out any applications which have not been made or which have been granted.) (*Strike out this if you do not desire to be present.) (Here fill in surety's name and address.) Schedule, - cont. () To Wit. (*Appellant). (Warrant issued by Full Court.) Schedule, - cont. (Full Court or Judge as the case may be.) (*Fill in here surety's name and address.) Schedule, - cont. (Full court or Judge as the case may be.) Schedule, - cont. (*Specify place of examination.) (Fill in examiner's name.) Schedule, - cont. (*The Full Court, a Judge, Examiner or Special Commissioner as the case may be.) Ord. 17 of 1919, s. 2, Schedule. Mode in which offences are to be charged.

https://oelawhk.lib.hku.hk/items/show/2050

1950

V11

221

44