PREVENTION OF BRIBERY (APPEAL AGAINST CONFISCATION ORDER) RULES

PREVENTION OF BRIBERY (APPEAL AGAINST CONFISCATION ORDER) RULES

PREVENTION OF BRIBERY (APPEAL
AGAINST CONFISCATION ORDER) RULES


(Cap. 201, section 12AB(5))

[18 December 1987.]

1. These rules may be cited as the Prevention of Bribery (Appeal
against Confiscation Order) Rules.

2. An appellant under section 12AB of the Ordinance shall give a
notice of appeal

(a) in Form 1 in the Schedule; and

(b)signed personally by him, unless the Court of Appeal or a
judge otherwise directs.

3. The appellant may, at any time before the hearing, abandon his
appeal by giving notice of the abandonment in Form 2 in the Schedule,
and upon the Registrar receiving the notice, the Court of Appeal shall be
deemed to have dismissed the appeal.

4. The Registrar shall, on receiving a notice of appeal or of the
abandonment of an appeal, send a copy of the notice to the Attorney
General.

5. (1) In the absence of any specific provision in these rules, the
Criminal Appeal Rules shall, subject to paragraph (2) and to such
modifications As are necessary in the circumstances, apply to an appeal
under section 12AB of the Ordinance.

(2) Rules 30 and 31 of the Criminal Appeal Rules shall not apply in
relation to an order under section 12AA or an appeal under section
12AB of the Ordinance.

SCHEDULE [rules 2 & 3.]

FORM 1

PREVENTION OF BRIBERY ORDINANCE

(Chapter 201)

Notice of Appeal against Confiscation Order

To the Registrar, Supreme Court, Hong Kong.

I,
the holder of pecuniary resources/property in respect of which a confiscation order
under section 12AA has been made, hereby give you Notice of Appeal under section
12AB against such order on the following grounds-





Particulars of order

Name of person convicted:
Dates of trial: Date of order: Name of judge making
order: Particulars of pecuniary resources/property held by appellant and included in
order:

Dated the day of 19

(Signed)

Appellant.






FORM 2

PREVENTION OF BRIBERY ORDINANCE

(Chapter 201)

Notice of abandonment of Appeal
against
Confiscation Order

To the Registrar, Supreme Court, Hong Kong.

1, 1

the holder of pecuniary resources/property in respect of which a confiscation order
under section 12AA has been made, having given you Notice of Appeal against such
order, hereby give you notice that I abandon all further proceedings on the appeal.

Particulars of order

Date of order:

Name of judge making order:

Dated the day of 19

(Signed)

Appellant.

L.N. 411/87. Citation. Notice of appeal. Schedule. Abandonment of appeal. Schedule. Copies to be sent to Attorney General. Application of Criminal Appeal Rules. (Cap. 221, sub. leg.)

L.N. 411/87. Citation. Notice of appeal. Schedule. Abandonment of appeal. Schedule. Copies to be sent to Attorney General. Application of Criminal Appeal Rules. (Cap. 221, sub. leg.)

https://oelawhk.lib.hku.hk/items/show/2839

1964

v14

201

3