CRIMINAL APPEAL RULES

CRIMINAL APPEAL RULES

CRIMINAL APPEAL RULES


ARRANGEMENT OF RULES

Page

RULE

PRELIMINARY

1. Citation... ... ... ... ... ... ... ... ... ... ... ... ... ... A4
2. Scheduled forms to be used . ... ... ... ... ... ... ... ... ... ... A4

NOTICES OF
APPEAL

3. Notices to be signed ... ... ... ... ... ... ... ... ... .. ... ... ... A 4
4. Notices to be in writing ... ... ... ... ... ... ... ... ... ... ... ... A 4
5. Address for notices ... ... ... ... ... ... ... ... ... ... ... ... ... A 4
6. Sending of notices ... ... ... ... ... ... ... ... ... ... ... ... ... A 4
7. Appellant unable to write ... ... ... ... ... ... ... ... ... . ... ... A 4
8. Insanity of appellant ... ... ... ... ... ... ... ... ... ... ... ... ... A 4
9. Notices, etc., on behalf of corporations ... ... ... ... ... ... ... ... ... A 5

RECORD OF CASE

10. Signature and certificate of shorthand writer ... ... ... ... ... ... ... ... A 5
11. Furnishing transcript for Court of Appeal ... ... ... ... ... ... ... ... A 5
12. Fees for transcript ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
13. Transcript in legal aid case ... ... ... ... ... ... ... ... ... ... ... ... A 5
14. Transcript to be certified ... ... ... ... ... ... ... ... ... ... ... ... A 5
15. Record other than shorthand note ... ... ... ... ... ... ... ... ... ... A 5

CERTIFICATE OF TRIAL
JUDGE

16. Judge's certificate under section 82(2) ... ...
... ... ... ... ... ... A 6

APPEALS WHERE FINE ONLY IS
INFLICTED

17. Retention of fine pending appeal ... ... ... ... ... ... ... ... ... ... A

18. Person in custody in default of payment of fine ... ... ... ... ... ... ... A 6

19. Where person fined intimates appeal ... ... ... ... ... . ... ... ... ... A 6

20. Fine to be repaid ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 6

21. Breach of recognizance... ... ... ... ... ..... ... ... ... ... A 7

CUSTODY OF EXHIBITS

22. Custody of exhibits . ... ... ... ... ... ... ... ... ... ... ... A 7

ORDERS MADE AT
TRIAL

23. Suspension of orders made by trial judge ... ... ... ... ... ... ... ... ... A

24. Annulment of variation of orders ... ... ... ... ... ... ... ... ... ... A 8

25. Person affected may be heard on appeal ... ... ... ... ... ... ... ... ... A 8







26. Record of orders ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 8

27. Non-suspension of orders for restitution, etc . ... ... ... ... ... ... ... ... A 8

28. Property of convicted person pending appeal ... ... ... ... ... ... ... ... A 8

29. Suspension of disqualifications ... ... ... ... ... ... ... ... ... ... ... A 8





Rule ..........Page

30. Suspension of order for destruction or forfeiture of property ... ... ... ... A 8
31. Suspension of proceedings or claims consequent on conviction ... ... ... ... A 9

32...................Period of suspension of orders ... ... ... ... ... ... ... ... ... ... A 9

NOTES AND REPORT OF TRIAL JUDGE

33..........Judge's note ...................... ... ... ... ... ... ... ... ... ... ... A 9

NOTICES OF: APPEAL AND PERIOD FOR APPEALING;
ABANDONMENT OF APPEALS

34.................Forms of appeal notices .... ... ... ... ... ... ... ... ... ... ... A 9

3.5......................Time for appealing against conviction ... ... ... ... ... ... ... ... A 9

36.....................Time for appealing against sentence ... ... ... ... ... ... .. ... ... A 9

37. Registrar to prepare particulars, etc., of trial ... ... ... ... ... ... ... ... A 9

38.......................Notice of application for leave to appeal ... ... ... ... ... A 10

39.................Abandonment of appeal ...... ... ... ... ... ... ... ... ... ... ... A 10

PROCEEDINGS BEFORE A SINGLE JUDGE

40.....................Powers exercised by single judge ... ... ... ... ... ... ... ... ... A 10

NOTICES OF APPLICATIONS

41..............Forms of application ......... ... ... ... ... ... ... ... ... ... ... A 10

42. Procedure where judge refuses applications under rule 41 ... ... ... ... ... A 10

43............................Copies of notices to be sent to Attorney General ... ... ... ... ... ... A 10

APPLICATION FOR BAIL

44......Bail ............................... ... ... ... ... ... ... ... ... ... A 11

45.................Appellant's recognizances ... ... ... ... ... ... .. ... ... ... ... A 11

46...............Notice of terms of bail ...... ... ... ... ... ... ... ... ... ... ... ... A 11

47. Police to assist Registrar or justice of the peace ... ... ... ... ... ... A 11

48........................Appellant's and surety 's recognizances ... ... ... . ... ... ... A 11

49. Presence of appellant on bail at hearing of his appeal ... ... ... ... ... ... A 12

50...............Varying order for bail .... ... ... ... ... ... ... ... ... ... ... ... A 12
51. Sureties discharging their obligations A 12

52. Power to revoke order for bail A 12
53.......................................Commissioner of Correctional Services to notify Registrar of commitment ... A 13
54. Sureties' rights at common lam, preserved A 13

55. Forfeiture of recognizances ... ... ... ... .. ... ... ... ... ... ... ... A 13
56. Duty of Director of Legal Aid ... ... ... ... ... ... ... ... ... ... .... A 13
57. Prison officers to attend sittings of Court of Appeal ... ... ... ... ... A 13
58. Appellant to surrender on appeal ... ... ... ... ... ... ... ... ... ... A 13
59. Registrar to keep documents exhibits. etc.. for purposes of appea; ... ... ... A 13







EXHIBITS IN COURT OF TRIAL

60. Exhibits to be returned to persons... ... ... ... ... ... ... ... ... ... A 14





Rule......................................... Page
NOTIFYING RESULT OF APPEALS

61. Reserved decisions or reasons ............. ... ... ... ... ... ... ... A 14
62. Final determination of appeals ......... ... ... ... ... ... ... ... ... A 14

COPIES OF DOCUMENTS

63..........Transcript ..................... ... ... ... ... ... ... ... ... A 15

WITNESSES

64. Attendance of witness before Court of Appeal ... ... ... ... ... ... ... A 15

65.................Order appointing examiner ... ... ... ... ... ... ... ... ... ... ... A 15

66...................Evidence to be given on oath ... ... ... ... ... ... ... ... ... ... A 16
67...................Presence of parties at examination ... ... ... ... ... ... ... ... ... ... A 16

CAUSE LISTS

68. Register of appeals .................1 1 . ... ... ... ... ... ... ... A 16

69. List of cases for sittings of court..... ... ... ... ... ... ... ... ... ... A 16
70. Notices to appellants in custody . ..... ... ... ... ... ... ... ... ... ... A 16

MISCELLANEOUS
PROVISIONS

71............................Application not specially provided for, how made ... ... ... ... ... ... A 17

72. Audience of solicitors ................. ... ... ... ... ... ... ... ... A 17

73. Notice by Registrar to appellant .......... ... ... ... ... ... ... ... A 17

74, Non-compliance with rules not wilful may be waived by court ... ... ... ... A 17

75. Enforcing duties under rules .............. ... ... ... ... ... ... ... A 17

76. Warrant to secure attendance of appellant ... ... ... ... ... .... ... A 17

Schedule...Forms ............................... ... ... ... ... ... ... ... ... A 17





CRIMINAL APPEAL RULES

(Cap. 22 1, section 9)
[3 August 1982.]

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



2.The forms set out in the Schedule, or forms as near thereto

as circumstances permit, shall be used where applicable.

NOTICES OF APPEAL

3. A notice of appeal, notice of application for leave to
appeal or notice of application for extension of time within which
such notice shall be given, shall be signed by the appellant himself,
save as is permitted by rules 8 and 9 or as the Court of Appeal or a
judge otherwise directs
4. Subject to rules 7 and 8. 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.
5. Any notice required, or authorized, to be given for the
purposes of the Ordinance or these rules to the Court of Appeal shall
be addressed to---TheRe-
Supreme Court Hong Kong,'.

6. 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
7. 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. Thereupon such notice shall be
deemed to be duly signed by the appellant.
8. 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.





9. 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 document is signed by the secretary, clerk, manager or
solicitor of the body corporate.

RECORD OF CASE

10. A shorthand writer shall-

(a)sign the shorthand note taken by him of any trial or
proceedings

(b)certify the same to be a complete and correct shorthand note
thereof; and

(e) retain the same until he is directed by the Registrar to

forward it to him.

11. A shorthand writer, on being so directed by the Registrar, shall
furnish to the Registrar, for the use of the Court of Appeal, a transcript
of such part of the shorthand note taken by him of any trial or
proceedings. as the Registrar may direct.

12. (1) The Registrar may, and on the direction of a judge
shall, furnish to a party interested in a trial or other proceedings a
transcript of the whole or of any part of the shorthand note of any
such trial or other proceedings on payment by such party
interested of such fee per folio as the Registrar may direct,

(2) For the purposes of this rule, 'a party interested- means the
prosecutor. the person convicted, any other person named in, or
immediately affected by, any order made by the trial judge and any
other person authorized to act on behalf of any such person.

13. Where a solicitor or counsel has been assigned to an accused
person under the Legal Aid in Criminal Cases Rules or where an
accused person is not legally represented, the Registrar may, and on the
direction of a judge shall, supply without charge any transcript
furnished under rule 12.

14. A transcript shall be typewritten. It shall be certified, by the
person typing or superision the typing of the same, as a correct
transcript of the appropriate shorthand note.

15 If, in accordance with the provisions of section 79 of the
Ordinance, a record, other than a shorthand note, has been taken of the
proceedings or of any part thereof, the Registrar may order that copies
of a transcript of such record, certified in such manner as he may direct,
or in default of such direction certified as nearly as is practicable in the
same manner as a transcript of a shorthand note, shall be furnished





(a) for the use of the Court of Appeal, and

b) to a party interested in such matter,

on payment by such party of such fee per folio as the Registrar may
direct.

CERTIFICATE OF TRIAL JUDGE

16. The trial judge may, if he considers it desirable so to do, inform
the person convicted before, or sentenced by, him that the case is in his
opinion one fit for an appeal to the Court of Appeal under section 82(2)
of the Ordinance; and may give to such person a certificate to that
effect in Form 1.

APPEALS WHERE FINE ONLY IS INFLICTED

17. Where a person has been sentenced to payment of a fine, and
in default of payment thereof to imprisonment, the person lawfully
authorized to receive such fine shall retain it until the determination of
any appeal in relation thereto.

18. A person who remains in custody in default of payment of the
fine shall be deemed, for the purposes of the Ordinance and these rules.
to be a person sentenced to imprisonment.

19. (1) Where a person. who has been sentenced to the payment of
a fine, and in default of such payment to imprisonment, intimates to the
trial judge that he wishes to appeal to the Court of Appeal

(a) against his conviction, upon grounds of law alone.

(b)against his conviction, with a certificate of the trial judge
granted under section 82(2) of the Ordinance; or

(c)against his sentence, with leave of the Court of Appeal
granted under section 83G or 83H of the Ordinance,

the judge may order such person forthwith to enter into recognizances,
in such amount and with or without sureties in such amount as the
judge shall determine, to prosecute his appeal.

(2) The trial judge may order that payment of the said fine shall be
made at the final determination of the appeal, if the same be dismissed,
to the Registrar, or as the Court of Appeal may then order. The
recognizance under this rule shall be in Forms 11 and 111. A surety
becoming duly bound by recognizance under this rule shall be deemed
to be for all purposes, and shall have all the powers of, a surety.

20. An appellant who has been sentenced to the payment of a fine
and has paid the same or any part thereof shall, if his appeal is
successful, be entitled, subject to any order of the Court of Appeal, to
the return of the sum paid by him.





21. (1) An appellant to whom rule 19 applies shall serve, in
accordance with these rules

(a)a notice of appeal against his conviction, upon grounds of law
alone or with the certificate of the trial judge upon any
grounds mentioned in section 82(2) of the Ordinance; or

(b)a notice of application for leave to appeal against his sentence
under section 83G or 83H of the Ordinance,

within 10 days from the date of his conviction or sentence. as the case
may be.

(2) If an appellant fails to comply with paragraph (1), the Registrar
shall report such omission to a judge; and the Court of Appeal may,
after notice in Forms IV and V has been given to the appellant and his
sureties, if any

(a)order the forfeiture of the recognizances of the appellant and
his sureties in the manner provided by rule 55:

(b) issue a warrant for the apprehension of the appellant.,

(c) commit him to prison in default of payment of his fine; and

(d) make such other order as it thinks right.

CUSTODY OF EXHIBITS

22. Save as the trial Judge shall otherwise direct, all exhibit in a
case shall remain in the custody of the Registrar, or of such other
person as the Registrar directs, pending an appeal or the final
determination of an appeal.

ORDERS MADE AT TRIAL

23. (1) Where, on the conviction of a person, the trial judge makes
an order under section 72, 73 or 84 of the Ordinance, the operation of
any such order shall be suspended until the expiration of 10 days after
the day on which it was made, or such longer period as may be
permitted for giving notice of appeal under section 83Q(6) of the
Ordinance.

(2) When notice of appeal or notice of application for leave to
appeal or notice of application 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 73 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 payment to the person in
whose favour the order was made of the amount therein named.





24. The Court of Appeal may by order annul or vary any order to
which rule 23 refers on the determination of any appeal under the
Ordinance.

25. Any person affected by any order which is suspended under
rule 23 may, with the leave of the Court of Appeal, be heard on the final
determination of any appeal, before the order is annulled or varied by
the Court of Appeal.

26. The Registrar shall keep a record of any orders made under
these rules and any orders of the Court of Appeal annulling or varying
the same.

27. If the trial judge is of opinion that-

(a)the title to any property, which is the subject of an order of
restitution made on a conviction of a person before him, is not
in dispute; and

(b)such property, or a sample or portion or facsimile
representation thereof should be produced for use at the
hearing of any appeal,

he may give such directions to. or impose such terms upon. the person
M whose favour the order of restitution is made as he shall think fit. in
order to secure the production of such sample. portion or facsimile
representation for use at the hearing of the appeal.

28. (1) A trial judge who makes an order under rule 23 on a person
convicted before him may give such directions as he thinks right as to
the retention by any person of any money or valuable securities
belonging to the convicted person and taken from him on his
apprehension. or of any money or valuable securities in the possession
of the prosecution at the date of conviction for the period of 10 days or,
in the event of an appeal. until the determination thereof by the Court of
Appeal.

(2) The Registrar shall keep a record of any directions given under
this rule.

29. Where upon conviction of any person of any offence any
disqualification, forfeiture or disability attaches to him by reason of
such conviction, such disqualification, forfeiture or disability shall not
attach for the period of 10 days from the date of conviction, nor, in the
event of an appeal, until the determination thereof by the Court of
Appeal.

30. The operation of any order made, on a conviction, by the trial
judge for the destruction or forfeiture of any thing which is the subject
of, or connected with, the prosecution shall be suspended in like
manner as the orders referred to in rule 23.





31. Where, upon conviction of a person of an offence, a claim may
be made or proceedings may be taken under any Ordinance against him,
or against any other person, in consequence of such conviction. such
proceedings shall not be taken until after the period of 10 days from the
date of conviction, nor, in the event of an appeal until the determination
thereof by the Court of Appeal.

32. (1) The time during which an order of restitution is suspended
under section 83X(4) of the Ordinance shall commence to run from the
date of conviction.

(2) Where notice of appeal, or notice of application for leave to
appeal, is duly given within 10 days after the date of conviction, the
period of suspension of such order shall continue until the
determination of the appeal.

NOTES AND REPORT OF TRIAL JUDGE

33. The Registrar, when he has received a notice of appeal. a notice
of application for leave to appeal or a notice of application for extension
of the time within which such notices must be given, shall obtain from
the trial judge the whole or such part of his note of the trial. or a copy
thereof. as a judge may certify as being necessary for the purposes of
the appeal.

NOTICES OF APPEAL AND PERIOD FOR APPEALING:
ABANDONMENT OF APPEALS

34. A convicted person, who wishes to appeal to the Court of
Appeal against his conviction or sentence, shall send to the Registrar a
notice of appeal, notice of application for leave to appeal or notice of
application for extension of the time within which such notice shall be
given, as the case may be, in the form set out in the Schedule.

35. The time within which a convicted person shall give notice of
appeal, or notice of his application for leave to appeal, against his
conviction shall commence to run from the date of conviction.

36. The time within which a convicted person shall give notice of
appeal, or notice of application for leave to appeal, against his sentence
shall commence to run from the day on which the sentence was passed
upon him by the trial judge.

37. The Registrar shall, when he has received a notice of appeal, a
notice of application for leave to appeal or a notice of application for
extension of the time within which such notices shall be given, prepare
for the information of the Court of Appeal particulars of the trial and
conviction according to Form VI.





38. Where the Court of Appeal has given an appellant leave to

appeal, it shall not be necessary for the appellant to give any notice of
appeal and the notice of application for leave to appeal shall be deemed
to be a notice of appeal.

39. An appellant may, at any time before the hearing thereof,

abandon his appeal by giving notice of abandonment thereof to the
Registrar in Form VII, and upon such notice being received by the
Registrar the appeal shall be deemed to have been dismissed by the
Court of Appeal.

PROCEEDINGS BEFORE A SINGLE
JUDGE

40. (1) The powers conferred on a single judge by section 83Y of
the Ordinance may be exercised by the judge on a written application
and in the absence of the parties.

(2) A judge may, when exercising the powers conferred by section
83Y of the Ordinance, sit and act wherever and whenever may be
convenient to him.

NOTICES OF
APPLICATIONS

41. Notice of appeal. or notice of application for leave to appeal or
for extension of the time within which notice of appeal or notice of
application for leave to appeal is required to be given under the
Ordinance, shall be in such one of Forms VIII, IX, X and XI as is
appropriate.

42. (1) The Registrar shall, when any application mentioned in rule
41 has been dealt with by a judge, notify the decision to the appellant
on Form XII.

(2) If the judge refuses all or any of such applications the
Registrar, on notifying such refusal to the appellant, shall forward to
him Form XIII which form the appellant is hereby required to fill up and
forthwith return to the Registrar.

(3) If the appellant does not desire to have his applications
determined by the Court of Appeal, or does not return Form XIII duly
filled up by him to the Registrar within 14 days, the refusal of his
applications by such judge shall be final.

43. The Registrar shall, when he has received a notice of appeal,
notice of application for leave to appeal or a notice of application for
extension of the time within which such notices shall be given, send a
copy of such notice to the Attorney General.





APPLICATION FOR BAIL

44. The Court of Appeal shall, where it admits an appellant to
bail pending the determination of his appeal on an application by
him duly made in compliance with these rules. specify the amounts
in which the appellant and his sureties (if any be required) shall be
bound by recognizance; and may direct before whom the recogni-
zances of the appellant and his sureties may be taken.

45. If the Court of Appeal makes no special order and gives no
special directions under this rule-

(a)the recognizances of the appellant may be taken before a
justice of the peace or an officer acting with the authority
of the Commissioner of Correctional Services: and

(b)the recognizances of his sureties may be taken before the
Registrar or justice of the peace.

46. The Registrar shall notify. to the appellant and to the
Commissioner of Correctional Services, the terms and conditions on
which the court will admit the appellant to bail.

47. (1) The Registrar, and any justice of the peace. may
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 an appellant who has been granted bail.

(2) It shall be the duty of the police to give such assistance to.
and as and when required by, the Registrar or a justice of the peace
under this rule.

48. (1) After the recognizance of a surety has been duly
taken under these rules by a Justice of the peace, the latter shall
forward the recognizance to the Registrar.

(2) The Commissioner of Correctional Services shall, after the
appellant's recognizance has been duly taken under these rules,
forward the same to the Registrar.

(3) The Registrar or justice of the peace shall, after recogni-
zance of a surety is taken, give to him a certificate in Form XIV
which such surety shall sign and retain.

(4) The Registrar shall, on being satisfied that the recogni-
zances of the appellant and his sureties (if any) are in due form and
in compliance with the order of the court admitting the appellant to
bail, give notice to the Commissioner of Correctional Services in
Form XV. This notice, when received by the Commissioner, shall be
a sufficient authority to him to release the appellant from custody.

(5) The recognizances provided for in these rules shall be in
Forms XVI and XVII.





49. (1) An appellant who has been admitted to bail shall, by the
order of the Court of Appeal or ajudge under which he was so admitted
to bail, be ordered to be, and shall be, personally present at the hearing
of his appeal and at the final determination thereof.

(2) The Court of Appeal may, if the appellant is not present at any
hearing of his appeal

(a) decline to consider the appeal;

(b) summarily dismiss it;

(c)issue a warrant for the apprehension of the appellant in Form
XVIII,

(d) adjourn the appeal; or

(e) consider the appeal in his absence,

and may make such other order as it thinks fit.

50. When an appellant is present before the Court of Appeal. the
court may

(a) make an order admitting the appellant to bail.

(b) revoke or vary any such order previously made.

(c)enlarge from time to time the recognizances of the appellant or
of his sureties: or

(d)substitute any other surety for a surety previously bound. as
it thinks fit.

51. (1) Where a surety for an appellant, upon whose
recognizances such appellant has been released on bail. suspects that
the appellant is about to leave Hong Kong or to fail to observe the
conditions of his recognizances. the surety may lay an information
before a magistrate in Form XIX: and such magistrate shall thereupon
issue a warrant in Form XX for the apprehension of the appellant.

(2) The appellant shall, on being apprehended under the said
warrant, be brought before a magistrate, who shall. on verification of the
said information by oath of the informant. by warrant of commitment in
Form XXI commit him to prison.

(3) The magistrate, on the commitment of the appellant, shall
forthwith notify the Registrar thereof and forward to him the said
information and the deposition in verification thereof taken before him,
with a copy of the said warrant of commitment.

52. At any time after an appellant has been released on bail, a judge
may revoke the order admitting him to bail, issue a warrant in Form
XVIII for his apprehension and order him to be committed to prison.





53. When an appellant has been released on bail, has been
apprehended under a warrant under these rules or by his sureties and is
in prison, the Commissioner of Correctional Services shall forthwith
notify the Registrar, who shall take steps to inform ajudge thereof. The
judge may give to the Registrar such directions as to the appeal or
otherwise as he thinks fit,

54. 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.

55. The Court of Appeal may, on any breach of the recognizances
of the appellant, order such recognizances, and those of his sureties, to
be forfeited.

56. It shall be the duty of the Director of Legal Aid, when so
requested by the Registrar, to inquire into, and to report to 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.


57. The Commissioner of Correctional Services shall, on notice from
the Registrar, cause such number of prison officers to attend a sitting of
the Court of Appeal as, having regard to the list of appeals thereat, he
shall consider necessary.

58. (1) An appellant who is not in custody shall, whenever his case
is called on before the Court of Appeal, surrender himself to such
persons as the court shall from time to time direct.

(2) Such an appellant 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.

59. (1) The Registrar shall keep available for use by the Court of
Appeal any documents, exhibits or other things relating to the
proceedings before the trial court.

(2) Pending the determination of the appeal, such documents,
exhibits or other things shall be open, as the Registrar may arrange, for
inspection by any party interested.

(3) The Court of Appeal, or a judge, may at any stage of an appeal,
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 court by any person having the custody or
control thereof.

jr ~n

(4) Service of any order made under this rule shall be personal
service, unless the court or a judge aforesaid otherwise orders, For the
purpose of effecting due service thereof, the Registrar may require the
assistance of the police and may forward the order together with
instructions to the Commissioner of Police, who shall comply therewith.





EXHIBITS IN COURT OF TRIAL

60. (1) Exhibits, other than such documents as are usually kept by
the Registrar, shall, after the determination of an appeal, subject to any
order which the Court of Appeal may make, be returned to the person
who originally produced the same.

(2) Any exhibit as to which an order for restitution has been made
by the trial judge, shall not be so returned except under the direction of
the Court of Appeal.

NOTIFYING RESULT OF APPEALS

61. (1) The Court of Appeal may, if at the close of the argument on
any appeal, it does not on that day deliver its decision and its reasons
therefor

(a)announce its decision and state that the reasons therefor will
be given at a later date; or

(b)announce that it is reserving its decision and reasons therefor
to a later date.

(2) Where the reasons for a decision are given at a later date and
those reasons have been recorded in writing. the Court of Appeal may,
instead of reading the reasons, supply copies of such reasons in
accordance with paragraph (3) hereof.

(3) Where the reasons for a decision are given at a later date and,
being recorded in writing, are not read in full, the Court of Appeal shall

(a) deliver a copy thereof to each of the parties;

(b) lodge a copy thereof in the Supreme Court Library; and

(e)make a copy thereof available for public inspection in the
Registry.

(4) Where the Court of Appeal delivers its decision, or its decision
and reasons, at a later date it shall be sufficient if at least one of the
judges who heard the appeal is present.

62. (1) On the final determination of any appeal the Registrar shall
give to the appellant, if he is in custody and has not been present at
such final determination, and to the Commissioner of Correctional
Services notice of such determination in Form XXII, XXIII, XXIV or
XXV, as may be appropriate.

(2) In an appeal against a conviction 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 Chief Secretary. On the final
determination of any such appeal by the Court of Appeal, the Registrar
shall forthwith notify the appellant, the Chief Secretary and the
Commissioner of Correctional Services.





COPIES OF DOCUMENTS

63. (1) When notice of appeal, or notice of application for leave to
appeal, has been given, the Registrar shall, subject to the direction of
ajudge, furnish a transcript of the whole or such part as he thinks
necessary of the shorthand note of the trial or other proceedings in
relation to which such notice was given. and copies of any documents
or exhibits in his possession for the purpose of such appeal, to

(a) the Attorney General, without charge; and

(b) an appellant or his solicitor. on payment of a fee of $5.00
per folio or such other fee as the Registrar may determine
for such transcript and copies.

(2) Where a solicitor or counsel has been assigned to an appellant
under the Legal Aid in Criminal Cases Rules or where an appellant is
not legally represented. the Registrar may. and on the direction of a
judge shall, supply such transcript and copies without charge.

(3) In any other case. the Registrar may. and on the direction of a
judge shall, waive the fees which would he payable or any portion
thereof.

WITNESSES

64. (1) Where the Court of Appeal has ordered a witness to attend
and be examined before it under section 83V(1)(b) and (4) of the
Ordinance, an order in Form XXVI 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 of the Crown or of
the appellant. If the appellant is in custody and not legally represented
the application shall be made by him in Form XXVII.

65. (1) Where the Court of Appeal orders the examination of a
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.

(2) 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.

(3) 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 representative and when the
appellant is in prison, the Commissioner of Correctional Services.
thereof. The Regristrar shall cause to be served on every witness to be
so examined a notice in Form XXVIII.

66. (1) A witness examined before an examiner under these rules
shall give his evidence upon oath, to be administered by such examiner,
except where the witness, if he were giving evidence as a witness on a
trial on indictment, would not need to be sworn.

(2) The examination of such a witness shall be taken in the form of
a deposition, in the same manner as is prescribed by section 81 of the
Magistrates Ordinance and, unless otherwise ordered by the court,
shall be taken in private. The caption in Form XXIX shall be attached to
any such deposition.

(3) Any order or notice, required by rules 64, 65 this rule to be
given to a witness, may be served in the same manner as an order may
be served under rule 59(3), and any such notice shall be deemed to be
an order of the Court of Appeal to such witness to attend at the time
and place specified therein.

67. (1) The appellant. and any counsel or solicitor concerned in the
appeal. shall be entitled to be present at. and take part in any
examination of, a witness to which rules 64 to 66 and this rule relate.

(2) If the appellant is in custody, a judge may. by warrant under
the hand of the Registrar, give directions to the Commissioner of
Correctional Services for securing the attendance of the appellant at
any examination.

CAUSE LISTS

68. The Registrar shall keep a register, in such form as he may
determine, of all cases in which he shall receive a notice of appeal or
notice of application for leave to appeal under the Ordinance, which
register shall be open for public inspection in such place and at such
hours as the Registrar may decide.

69. The Registrar shall cause a list of those appeals which the
Court of Appeal may hear, to be published at such times, in such places
and in such a manner as he may think fit.

70. Where an appellant is in custody and is entitled or has
obtained leave to be present at the hearing and determination of his
application or appeal, the Registrar shall notify the appellant and the
Commissioner of Correctional Services of the probable day on which the
appeal or application will be heard.





MISCELLANEOUS PROVISIONS

71. (1) Except where otherwise provided in these rules. an
application to the Court of Appeal may be made by the Crown, or by
the appellant, or by counsel on his behalf, orally or in writing.

(2) 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.

72. In any proceedings before a single judge under rule 40 and in
any preliminary and interlocutory proceedings and applications, except
such as are heard before the Court of Appeal, a party thereto may be
represented and appear by a solicitor alone.

73. When the Court of Appeal has heard and dealt with an
interlocutory application, the Registrar shall (unless it appears to him
unnecessary so to do) give to the appellant (if lie is in custody and has
not been present at the hearing of such application) notice of the
decision of the Court of Appeal thereon.

74. (1) Non-compliance by an appellant with these rules. or with
any rule of practice for the time being in force. shall not prevent the
further prosecution of his appeal if' the Court of Appeal. or a single
judge acting under rule 40. considers that such non-compliance was not
wilful, and that the same may be waived or remedied by amendment or
otherwise.

(2) The Court of Appeal, or ajudge acting under rule 40, may. in
such manner as it or he thinks fit, direct the appellant to remedy such
non-compliance; and thereupon the appeal shall proceed.

(3) The Registrar shall forthwith notify to the appellant any
directions given by the court or a judge under this rule. if the appellant
was not present at the time when such directions were given.

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

76. An appellant who is in custody may, at any time before the
determination of his appeal, be brought before the Court of Appeal, or a
judge or examiner, by warrant under the hand of the Registrar in Form
XXX.

SCHEDULE

FORM 1 [rule 16.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Judge's certificate

In the High Court of Hong Kong

R. v.





WHEREAS the said was

tried and convicted before me, the undersigned, in the said Court on the
day of 19 of the offence(s) of
and was sentenced
by me to

I CERTIFY that the case is a fit case for an appeal against conviction by the
said to the
Court of Appeal under section 82(2) of the Criminal Procedure Ordinance. upon
the
following grounds
Dated the day of 19

(Signed)

Judge of the High Court.

FORM II [rule 19.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Recognizance of Appellant sentenced to payment of a Fine

WHEREAS
of' 'as on the day, of

19 in the High Court convicted of
and sentenced to pay a fine of $ by the
and has intimated to the

Trial Judge that fie desires to appeal against his said conviction oil a question of law
alone (or upon a certificate of the Trial Judge that this a tit case for appeal or
against his said sentence):

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 sum of $
to prosecute his said appeal before the Court of Appeal:

The said acknowledges

himself to owe to the Queen the said sum of $
to be levied on his goods and chattels. lands and tenements if he fails in the
condition hereon endorsed.

Taken before me on the day, of
19 at the Supreme Court. Hong Kong.

(Signed)

Registrar. Supreme Court.

Condition

The condition of the within written recognizance is such that if the said of

(a)is present before the Court of Appeal at every hearing of his appeal to
such Court. and at the final determination thereof;

(b) prosecutes his appeal and abides by the Judgment of the Court:







(c)is not absent from the Court at any such hearing without leave of the
Court: and

(d) pays the sum of $ or such sum as
the said Court may order, to the Registrar.

this recognizance shall be void, but shall otherwise be of full force and effect.





FORM III [rule 19.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221

Recogmizance of Sureties for Appellant sentenced to a Fine

WHEREAS on the day of 19
of

(occupation) and of
(occupation) came before the Registrar and severally acknowledged themselves to
owe to the Queen the several sums following. that is to say. the said
the sum of $ and the
said the sum of $
to be levied on their goods and chattels, lands and tenements respectively if
who is now before
the said Court fails in the condition hereon endorsed.

Taken before me on the day of 19

(Signed)

Supreme

The condition of the within written recognizance is Such that whereas the said
has ing been
convicted of
and sentenced to pay a fine of $ and having
now intimated his desire to appeal on questions of law alone (or with the certificate of
the Trial Judge or against his said sentence) to the Court of Appeal against the said
conviction (or sentence), and having in lieu of' payment 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 be present before the Court of Appeal at every
hearing of his appeal to such Court and at the final determination thereof. and shall
prosecute his appeal and abide by the Judgment of the Court. and not to be absent
from the Court at any such hearing without the lease of the Court. then this
recognizance shall be void, but shall otherwise be of full force and effect

FORM IV [rule 21.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

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

R. v.

To the above-named Appellant.

WHEREAS

(1) you were convicted on the day of
19 of the offence of
and were sentenced to the payment of
and in default of such payment to

imprisonment;

(2) under the Criminal Appeal Rules you entered into recognizances in the sum
of $ with
sureties in the sum of 5each to prosecute






your Appeal; and

(3) 10 days have elapsed since your said conviction, and no Notice of
Appeal or Notice of Application for Leave to Appeal has been served by you:





Now 1 hereby give Notice that unless You attend before
on the day of 19

at o'clock in the noon at
the
Supreme Court. and show good cause to the contrary, the said
may order forfeiture of your recognizances and those of your sureties: or may
otherwise deal with you according to law.

Dated the day of 19

(Signed)

Registrar, Supreme Court.

FORM V [rule 21.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Notice lo Surety for Appellant before For feiture of Recognizance

R.v.

To*

of

WHEREAS you tbecame duly bound ill recognizances as surety for that the said having been
convicted ot' and for his said
offence fined the sum of S
should duly, prosecute an appeal
in relation to his said conviction
(or sentence) before the Court
of' Appeal and whereas the said
has not so prosecuted his appeal:

Now I hereby give you Notice that unless you attend before

the day of, 19 at o'clock

in the noon at the Supreme Court your
recognizances
may be ordered to he forfeited. unless you then show good cause to the contrary

Dated the day of 19

Supereme Court.

FORM VI [rule 37.]

CRIMINAL PROCEDURE
ORDINANCE
(Chapter 221)

R. r.

Particulars ol trial

1 Dates of trial
2. Name of trial judge.
3. Verdict.
4. Sentence. and any, orders made consequent thereon.






5. Copy, of the list of exhibits.
6. Whether a certificate under section 82(2) was given.
7. 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.

Dated the day of 19

(Signed)

Registrar, Supreme Court.





FORM VII [rule 39.]

CRIMINAL PROCEDURE ORDINANCE
R.v.
(Chapter 221)


Notice of aboundonment

I.
having been convicted of

at the HIgh Court on the 19 and having
District

sent notice of appeal to the Court of Appeal against ink said conviction (or the
sentence of
passed upon me on my said conviction) give you notice that I abandon all further
proceedings in regard thereto.
Dated the day of' 19

To the Registrar

Supreme Court.

Hong Kong

FORM VIII [rule 41.]

CRIMINAL PROCEDURE ORDINANCE

(Chapter 221)
Notice of Appeal
Question of Law only

To the Registrar. Supreme Court. Hong Kong.

I. 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 Court of Appeal on the following questions of law-

Dated the day of 19

(Signed)

(or Mark)

Appellant

Signature or mark and address of Witness attesting Mark.

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 wish to apply to the Director of Legal Aid to assign you legal aid on your appeal.
State your employment, the amount of your wages or salary and any other facts which show
reason for legal aid being assigned to you.

2. Do you wish to be present on the hearing of your appeal by the Court of
Appeal?

3. The Court of Appeal, will if you wish it. consider your case and argument in
writing instead of orally. If you wish to present your case and argument in writing
set out here as fully as you wish your case and argument in support of your appeal.

FORM IX [rule 41.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Notice of Appeal against Conviction upon Certificate of the Trial Judge

To the Registrar, Supreme Court. 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 Trial Judge
that it is a lit case for appeal, hereby give you Notice of' Appeal against my said
conviction (particulars of which hereinafter appear to the Court of appeal

Dated the day of 19

(Signed)

(or Mark)

Appellant,

Signature or mark and address of Witness attesting Mark.

Particulars of Trial and Conviction

1 Date of Trial.

Sentence.

You are required to answer the following ing questions

1 If You wish to apply to the Director of Legal Aid to assign you legal aid on
your appeal. state your employment, the amount of your wages or salary, and any
other facts which show reason for legal aid being assigned to you.

2. Do you wish to be present on the hearing of your appeal by the Court of
Appeal'

3. The Court of Appeal will. if you wish it. consider your case and argument
in writing instead of orally. If You wish to present your case and argument in
writing, set out here as fully as you which your case and argument in support of
your appeal.

N.B. You must send with this Notice to the Registrar the Certificate of the Judge

who tried you.







FORM X [rule 41.]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Notice of Appeal against Sentence upon Certificate of the Trial Judge To the
Registrar, Supreme Court, Hong Kong.

I, 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 Trial Judge that it is a fit case for appeal, hereby give you Notice of
Appeal against the sentence passed upon me (particulars of which hereinafter
appear) to the Court of Appeal.

Dated the day of 19
(Signed)
(or Mark)

Appellant.
Signature or mark and address of Witness attesting Mark.

Particulars of Trial and Conviction

1 Date of Trial.

2. Sentence.

You are required to answer the following questions

1 If you wish to apply to the Director of Legal Aid to assign you
legal aid on your appeal, state your employment, the amount of your wages or salary,
and any other facts which show reason for legal aid being assigned to you.

2. Do you wish to be present on the hearing of your appeal by the Court of
Appeal?

3. The Court of Appeal will, if you wish it, consider your case and argument
in writing instead of orally. If you wish to present your case and argument in
writing, set out here as fully as you wish your case and argument in support of your
appeal.

N.B. You must send with this Notice to the Registrar the certificate of the Judge
who tried you.




PART II

The Appellant is applying for-

*EXTENSION OF TIME in which to give notice of application for leave to
appeal.

*EXTENSION OF TIME in which to give notice of appeal.

*Leave to appeal against CONVICTION.

*Leave to appeal against
SENTENCE.
He *is/is not seeking LEGAL AID

Delete as appropriate.

PART III

The Grounds are as follows. (Include reasons for delay if extension asked for.) (If
Grounds of Appeal have been settled and signed by Counsel they should be sent

with this form and this Part may be left blank.)

Signed ....................................................

Date ......................................................

This notice was handed in by the Received in the Registrar's Office.
Appellant today.

(Signed) .....(qfflcer)

Date .....................Date ............... ..........................

FORM XII [rule 42.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

R. v.

NOTICE OF ORDER by the Hon. Mr. Justice ...............................................................

1 APPLICATIONS CONSIDERED:
*(a) EXTENSION of time.
*(b) Leave to appeal against CONVICTION.
*(e) Leave to appeal against SENTENCE.
*(d) BAIL.

Delete as appropriate.

2. DECISION

DIRECTION under Criminal Procedure Ordinance, Section 83W ..................
days of the time spent in custody as an appellant SHALL NOT COUNT
TOWARDS SENTENCE.

3. OBSERVATIONS to the Appellant (if leave refused).

Signed ...........Date

Registrar, Supreme Court.











this by completing Form XIII herewith.

A renewal to the Court after refusal by. the Judge mav well result in a
direction for the loss of time, if the Court comes to the conclusion that
there ,Aus nojustification for the renewal. If the Judge has already directed
that you lose time. the Court may direct that you lose more time.

FORM XIII [rule 42]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221 )

Notice of Renewal of Application after Reflisal by the Single Judge

R.v.

RART 1

The order of the Single Judge was *handed to posted to the *appellant appel

lant's solicitor on ................

(Signed) ................

PART II

1. Arenewal to the court after refusal by the Judge may well result in a direction
for the loss of time, if the Court comes to the conclusion that there was no
justification for the renewal. If the Judge has already directed that you lose
time, the Court may direct that you lose more time.

2.This form must be returned lo reach the Court of Appeal Office
within 14 days of the date shown in Part I.)

The following applications are
renewed:

*(a) EXTENSION of time.

*(b) Leave to appeal against CONVICTION.

*(c) Leave to appeal against SENTENCE.

*(d) BAIL.

Signed ......(Appellant)
Date ........

Received in the Court of Appeal Office.

Date
.................................................................................

Signature of recipient ............................. ........ .......
...................

If you wish to state any reasons in addition to those set out by you in your
original notice. you may do so on the back of this form.

Delete as appropriate.

To the Registrar,







Supreme Court, Hong Kong.





FORM XIV [rule 48.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Certificate to SuretY

R.v.

THIS 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 Court of Appeal at every hearing
of his appeal and at the final determination thereof, and that the said
shall abide by the Judgment of the Court
and not be absent from the Court at any such hearing without the leave of the Court,
and in the meantime not to depart from the Colony. And that your said
recognizance
will be duly forwarded by me to the Registrar at the Supreme Court. Hong Kong.

Dated the day of 19

(Signed)

Registrar, Supretne Court

or

I acknowledge that the above certificate is
correct.

(Signed)

(Surety).

FORM XV [rule 48.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Notice to Commissioner ol Correctional Services to
Release Appellant on Bail

R. v.

To the Commissioner of Correctional Services.

WHEREAS

(1) has appealed to the

Court of Appeal against his conviction for
(and sentence of
and having applied to the Court has been granted bail by the Court pending the
determination of his appeal. on entering into recognizances himself in the sum of

$ (and with

sureties each in the sum of $ .) in the forms provided
by law:


(2) I, the Registrar, have been given to understand that the said is now in your
lawful custody under the said conviction and
sentence:

(3) I have received a recognizance of the said from you, (and recognizances
from sureties for the said
and the said recognizances are in due form and in
compliance with the order of the Court of Appeal, admitting the said to bail.





I GIVE YOU NOTICE that if the said is still in your custody under the said
conviction (and sentence) and for no other cause, you shall release him on receipt
of this Notice. And this Notice shall be your authority to do so.

Dated the day of 19
(Signed)
Registrar, Supretne Court.

FOR. XVI [rule 48.]

CRIMINAL PROCI1DURE ORDINANCE
(Chapter 221)
Recognizance of Bail of Appellant
WHEREAS
was convicted
of
on the day of 19 (and was thereupon
sentenced to

and now is in lawful custody in the
Prison at
and has duly, appealed against bi., com iction (and sentence) to the Court of Appeal,
and has applied to the Court for bail pending the determination of his appeal and the
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
has approved before me and acknowledged himself to owe to the Queen the sum of
$ to he levied on his goods and chattels.
lands and tenements if he fails in the condition hereon endorsed.

Taken this day of 19 at the
Prison at before me.

justice of the peace

or

Commissioner of Correctional
Services
(as the case may be).

CThe condition of the written recognizance is that if he the said shall appear before
the Court of Appeal at every hearing of his
appeal and at the final determination
thereof and abides by the Judgment of the
Court and is not absent from the Court at
any such hearing without the leave of the
Court, and in the meantime does not depart
from Hong Kong, this recognizance shall be
void but shall otherwise be of full force and
effect.

The following shall be completed by the Appellant and signed by him

When released on bail my residence, to which any Notices, etc., are to be
addressed, will be as follows

(Signed)

Appellant.







FORM XVII [rule 48.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Recognizance of Appellant's Sureties
19 of




and of (occupation)

personally came before me the undersigned, and severally acknowledged them-
selves to owe to the Queen the several sums following. that is to say, the said

the sum of $ and the said
the sum of $ on their goods

and chattels, lands and tenements, respectively if

now in lawful custody in the
Prison at fails in the condition
hereon endorsed.

Taken and acknowledged before me, the day of

19

Registrar, Supreme Court
or
Magistrate.
Condition

The condition of the written recognizance is that whereas the said
having been convicted of
and being now in such lawful custody as before-mentioned (under a sentence of
for such
offence). has duly appealed to the Court of Appeal against his conviction (and
sentence), and having applied to the Court for bail, pending the determination of
his 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 before the Court at every hearing of
his appeal to such Court and at the final determination thereof. and there and then
to
abide by the Judgement of the Court and not be absent from the Court at any such
hearing without the leave of the Court. and in the meantime not to depart out of
Hong Kong, then this recognizance shall be void but shall otherwise be of full force
and effect.

FORM XVIII [rule 49.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Warrant for Arrest of Appellant on Bail

R. r.

To all police officers of Hong Kong and to the Commissioner of Correctional
Services.

WHEREAS
an Appellant in the Court of Appeal, has been released by the Court on bail,
and the Court has ordered that a Warrant be issued for the apprehension of
the said
This commands you the said police officers forthwith to apprehend the
said and to bring him
to the Commissioner of Correctional Services at
Prison and there deliver him with this Warrant into the custody of the
Commissioner and you the Commissioner of Correctional Services are hereby
required
to receive the said
into your custody in the said prison and to keep him there until further order of the
Court.







Dated the day of 19

(Signed)

Judge of the High Court.





FORM XIX [rule 5 1.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Information of Surety for Arrest of Appellant

R. v.

(Appellant).

The Information of
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-

I,+

do say that the above named*
having been granted bail by the Court of Appeal, himself in the sum of
$ and with
surety in the sum of $ was released on such bail on
condition that he should be present before the Court of Appeal at every hearing of
his appeal and at the final determination thereof and should abide bi the Judgment of
the
said Court and not to he absent from the Court on any hearing without the leave of
the said Court and in the meantime should not depart from Hong Kong:

Any that I became surety for the performance of the said conditions by, the
said in the sum of

a Certificate whereof hereof signed by, the Magistrate
and by me is now shown to me marked (a):

And that I suspect that the said
is about to depart from Hong Kong (or state in what manner the Appellant is
believed to be about to fail in theof 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)

Dated the day of 19

(Signed)

Magistrate.

FORM XX [rule 51.]

CRIMINAL PROCEDURE ORDINANCE






(Chapter 221)

Warrant on Information of Surety

To all police officers of Hong Kong.

WHEREAS information hath been duly laid before me the undersigned
by* of
for that+
having been released on bail by the Court of Appeal on recognizances conditioned to
be present before the Court of Appeal at every hearing of his appeal and at the final
determination thereof and to abide by the Judgment of the Court and not to be
absent
from the Court on any such hearing without the leave of the Court and in the
meantime not to depart from Hong Kong:





And that the said*

doth suspect that the said
is about to depart from Hong Kong (or as the case may be):

And that the said is believed to be living at This commands you forthwith to
apprehend the said and to bring him before a Magistrate in order that he may be
committed to prison and be detained there according to law.

Dated the day of 19

(Signed)

Magistrate.

FORM XXI [rule 51.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Commitment of Appellant on Surety's Information

To all police officers of Hong Kong and to the Commissioner of Correctional
Services.

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 hail
by the Court of Appeal. was suspected on being about to fail lo observe the
conditions of his recognizance by the said
his surety: And that the said
wished to surrender the said

AND WHEREAS the said*

is now before me. has ing been surrendered by the said
in discharge of his recognizances You the police officers
are commanded to deliver the said
to the Commissioner of Correctional Services at
Prison together with this warrant ot' Commitment; and you the Commissioner of
Correctional Services are required to receive
into your custody, in the said prison and to detain him there according to law.

Dated the day of 19

(Signed)

Magistrate.

FORM XXII [rule 62.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Notification to Appellant of Result of his Appeal

R. r.

To the above-named Appellant.

This is to give you Notice that the Court of Appeal. having considered






your appeal, has finally determined the same, and has given judgment to the
following





effect (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).

Dated the day of 19

(Signed)

Registrar. Supreme Court.

FORM XXIII [rule 62.]

CRIMINAL PROCEDURE.
ORDINANCE
(Chapter 221)

Notification to Appellant ol Result ol Application

R. v.

To the above-named Appellant.

This is to give You Notice that the Court of Appeal has considered the
matter of our application for
(a) leave to appeal to the said Court;

(b)leave to extend the time within which you may I give Notice of Appeal or
of Application for leave to appeal;

permission to be present during the proceedings in your
appeal.

and has finally determined the same and has given judgment to the effect following
(here set out decision of Court of 4ppeal 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 sum
Of $ with two sufficient sureties in the sum of $
each, or as the case may be).

Dated the day of 19

(Signed)

Registrar, Supreme Court.

FORM XXIV [rule 62.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

R. v.

To the Commissioner of Correctional
Services.This is to give you Notice that the above-
mentioned having
applied for

(a) leave to appeal to the Court of Appeal;

(b)leave to extend the time within which he may give Notice of Appeal or of
an Application for leave to appeal;







(c) permission to be present during the proceedings in his Appeal;





(d) his admission to bail,

under the Criminal Procedure Ordinance, the Court of Appeal has finally
determined his said Applications and has given judgment to the effect following
(here set out the decision of the Court).

Dated the day of 19

(Signed)

Registrar, Supreme Court.

FORM XXV [rule 62.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

R. v.

To the Commissioner of Correctional Services.

This is to give you Notice that the above-
named

having appealed against his conviction of the ofrence
of

at the High Court on the
19 (or the sentence of

passed upon him for the offence of
at the High Court on the 19 the Court of

Appeal 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

Dated the day of 19

(Signed)

Registrar, Supreme Court.

FORM XXVI [rule 64.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Notice to Witness to Attend Court for Examination


To of (Name, etc., of witness).

You have been ordered by the Court of Appeal to attend and be examined as a
witness before the 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 Supreme Court,
at o'clock. You are also required to bring with you any books,
papers or other things relating to the said appeal which you may have had notice
so to produce.

Dated the day of 19







(Signed)

Registrar, Supreme Court.





FORM XXVII [rule 64.]

CRIMINAL PROCEDURE
ORDINANCE
(Chapter 221)

Appellant's Application for further Witnesses

R. v.

I

having appealed to the Court of Appeal, hereby give notice that 1 wish the said
Court to order the witness(es) hereinafter specified to attend the Court and be
examined on my behalf.

Dated the day of 19

(Signed)

(or Mark)

Appellant.

Signature or mark of
Witness attesting
Mark.

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 A hat matters do
you wish him to be examined
on the appeal?

State shortly the
evidence you think he
can give.

FORM XXVIII [rule 65.]

CRIMINAL PROCEDURE
ORDINANCE
(Chapter 221)

Notice to Witness to attend before Examiner

R. v.

To of (Name, etc., of witness).

WHEREAS the Court of Appeal has ordered that you be examined as a witness
upon the appeal of the above-named and that your deposition shall 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.

You are also required to bring with you, at the said time and place, any books,
papers or other things under your control or in your possession relating to the said
appeal which you may have had notice so to produce.

Dated the day of 19

(Signed)

Registrar, Supreme Court.





FORM XXIX [rule 66(2).]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

Caption for Deposition qf Witness Examined before Examiner

R. v.

The depositions of the witnesses which appear below were taken before me,
an Examiner appointed by the Court of Appeal.

The witnesses were

examined before me. under an order of the said Court. dated the day of
19 in the presence of the Appellant
(or of his counsel and solicitor) and the Attorney General, or his representative,
at on the day of

19 The Appellant (personally, or by his counsel and solicitor) and the Attorney
General, or his representative, had full opportunity of asking questions of the said
witnesses, to whom the depositions following were read by me before being signed
by them.

The deposition of of
who (upon oath duly administered by me) said-

Here follows deposition).

(Signed)

Witness

Taken before me the day of 19

(Signed)

Examiner.

FORM XXX [rule 76.]

CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)

In the Supreme Court of Hong Kong
Criminal Appeal No. of 19

R. v.

To the Commissioner of Correctional Services.

WHEREAS the above-named is detained in prison under your custody

This commands you to bring him in safe custody to the Supreme Court
before*

at o'clock on the day of 19
and thereafter from day lo day as may be required by*

and to return him to the prison from time to
time and there detain him until he be discharged in due course of law.

Dated the day of 19

(Signed)







Registrar, Supreme Court.
L.N. 193/82. L.N. 276/82. Citation. Scheduled forms to be used. Notices to be signed. Notices to be in writing. Address for notices. Sending of notices. Appellant unable to write. Insanity of appellant. Notices, etc., on behalf of corporations. Signature and certificate of shorthand writer. Furnishing transcript for Court of Appeal. Fees for transcript. Transcript in legal aid case. (Cap. 221, sub. leg.) Transcript to be certified. Record other than shorthand note. Judge's certificate under section 82(2). Form I. Retention of fine pending appeal. Person in custody in default of payment of fine. Where person fined intimates appeal. Forms II and III. Fine to be repaid. Breach of recognizance. Forms IV and V. Custody of exhibits. Suspension of orders made by trial judge. Annulment or variation of orders. Person affected may be heard on appeal. Record of orders. Non-suspension of orders for restitution, etc. Property of convicted person pending appeal. Suspension of disqualifications. Suspension of order for destruction or forfeiture of property. Suspension of proceedings or claims consequent on conviction. Period of suspension of orders. Judge's note. Forms of appeal notices. Time for appealing against conviction. Time for appealing against sentence. Registrar to perpare particulars, etc., of trial. Form VI. Notices of application for leave to appeal. Abandonment of appeal. Form VII. Powers exercised by single judge. Forms of application. Forms, VIII, IX, X and XI. Prkocedure where judge refuses applications under rule 41. Form XII. Form XIII. Copies of notices to be sent to Attorney General. Bail. Appellant's recognizances. Notice of terms of bail. Police to assist Registrar of justice of the peace. Appellant's and surety's recognizances. Form XIV. Form XV. Form XVI and Form XVII. Presence of appellant on bail at hearing of his appeal. Form XVIII. Varying order for bail. Sureties discharging their obligations. Form XIX. Form XX. Form XXI. Power to revoke order for bail. Form XVIII. Commissioner of Correctional Services to notify Registrar of commitment. Sureties' rights at common law preserved. Forfeiture of recognizances. Duty of Director of Legal Aid. Prison officers to attend sittings of Court of Appeal. Appellant to surrender on appeal. Registrar to keep documents, exhibits, etc., for purposes of appeal. Exhibits to be returened to persons. Reserved decisions or reasons. Final determination of appeals. Form XXII, XXIII, XXIV and XXV. Transcript. (Cap. 221. Sub. leg.) Attendance of witness before Court of Appeal. Form XXVI. Form XXVII. Order appointing examiner. Form XXVIII. Evidence to be given on oath. (Cap. 227.) Form XXIX. Presence of parties at examination. Register 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. Non-compliance with rules not wilful may be waived by court. Enforcing duties under rules. Warrant to secure attendance of appellant. Form XXX. (State shorly the offence. E.g., theft. Murder, forgery., etc.) (Here specify in general terms the grounds on which certificate granted.) (Court of Appeal or Judge as the case may be.) (*Fill in here surety's name and address.) (Court of Appeal or Judge as the case may be.) (Here state the offence, e.g. theft, 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.) (Here state the offence, e.g. theft, murder. Forgery, etc.) (*Where appellant for any reason not in custody.) (Fill in all these particulars.) (Here state the offence, e.g. theftm murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Fill in all thses particulars.) (Here fill in surety's name and address.) (Warrant issued by Court of Appeal.) (..) To Wit. (Appellant.) (*Specify place of examination.) (+Fill in examiner's name.) (*The Court of appeal. A Judge or Examiner as the case may be.)

L.N. 193/82. L.N. 276/82. Citation. Scheduled forms to be used. Notices to be signed. Notices to be in writing. Address for notices. Sending of notices. Appellant unable to write. Insanity of appellant. Notices, etc., on behalf of corporations. Signature and certificate of shorthand writer. Furnishing transcript for Court of Appeal. Fees for transcript. Transcript in legal aid case. (Cap. 221, sub. leg.) Transcript to be certified. Record other than shorthand note. Judge's certificate under section 82(2). Form I. Retention of fine pending appeal. Person in custody in default of payment of fine. Where person fined intimates appeal. Forms II and III. Fine to be repaid. Breach of recognizance. Forms IV and V. Custody of exhibits. Suspension of orders made by trial judge. Annulment or variation of orders. Person affected may be heard on appeal. Record of orders. Non-suspension of orders for restitution, etc. Property of convicted person pending appeal. Suspension of disqualifications. Suspension of order for destruction or forfeiture of property. Suspension of proceedings or claims consequent on conviction. Period of suspension of orders. Judge's note. Forms of appeal notices. Time for appealing against conviction. Time for appealing against sentence. Registrar to perpare particulars, etc., of trial. Form VI. Notices of application for leave to appeal. Abandonment of appeal. Form VII. Powers exercised by single judge. Forms of application. Forms, VIII, IX, X and XI. Prkocedure where judge refuses applications under rule 41. Form XII. Form XIII. Copies of notices to be sent to Attorney General. Bail. Appellant's recognizances. Notice of terms of bail. Police to assist Registrar of justice of the peace. Appellant's and surety's recognizances. Form XIV. Form XV. Form XVI and Form XVII. Presence of appellant on bail at hearing of his appeal. Form XVIII. Varying order for bail. Sureties discharging their obligations. Form XIX. Form XX. Form XXI. Power to revoke order for bail. Form XVIII. Commissioner of Correctional Services to notify Registrar of commitment. Sureties' rights at common law preserved. Forfeiture of recognizances. Duty of Director of Legal Aid. Prison officers to attend sittings of Court of Appeal. Appellant to surrender on appeal. Registrar to keep documents, exhibits, etc., for purposes of appeal. Exhibits to be returened to persons. Reserved decisions or reasons. Final determination of appeals. Form XXII, XXIII, XXIV and XXV. Transcript. (Cap. 221. Sub. leg.) Attendance of witness before Court of Appeal. Form XXVI. Form XXVII. Order appointing examiner. Form XXVIII. Evidence to be given on oath. (Cap. 227.) Form XXIX. Presence of parties at examination. Register 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. Non-compliance with rules not wilful may be waived by court. Enforcing duties under rules. Warrant to secure attendance of appellant. Form XXX. (State shorly the offence. E.g., theft. Murder, forgery., etc.) (Here specify in general terms the grounds on which certificate granted.) (Court of Appeal or Judge as the case may be.) (*Fill in here surety's name and address.) (Court of Appeal or Judge as the case may be.) (Here state the offence, e.g. theft, 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.) (Here state the offence, e.g. theft, murder. Forgery, etc.) (*Where appellant for any reason not in custody.) (Fill in all these particulars.) (Here state the offence, e.g. theftm murder, forgery, etc.) (*Where appellant for any reason not in custody.) (Fill in all thses particulars.) (Here fill in surety's name and address.) (Warrant issued by Court of Appeal.) (..) To Wit. (Appellant.) (*Specify place of examination.) (+Fill in examiner's name.) (*The Court of appeal. A Judge or Examiner as the case may be.)

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