CRIMINAL PROCEDURE (REFERENCE OF QUESTIONS OF LAW) RULES

CRIMINAL PROCEDURE (REFERENCE OF QUESTIONS OF LAW) RULES

CRIMINAL PROCEDURE (REFERENCE OF
QUESTIONS OF LAW) RULES

(Cap. 221, section 9)

[15 June 1979.]

1. These rules may be cited as the Criminal Procedure (Reference of
Questions of Law) Rules.

2. In these rules-

'reference' means a reference of a question of law to the Court of
Appeal in pursuance of section 81D of the Ordinance;

'respondent' in relation to any reference means the acquitted person in
whose case the question of law arose.

3. (1) Every reference shall be in writing and shall-

(a)specify the question of law referred and, where appropriate,
such facts of the case as are necessary for the proper
consideration of the question of law;

(b)summarise the arguments intended to be put to the Court of
Appeal; and

(c) specify the authorities intended to be cited.

(2) No mention shall be made in the reference of the name of any
person or place which is likely to lead to the identification of the
respondent.

(3) A reference shall be entitled -Reference under section 81D of the
Criminal Procedure Ordinance' together with the year and number of the
reference.

4. (1) The Registrar shall, unless the respondent cannot be found or
is outside Hong Kong, cause to be served on the respondent notice of
the reference which shall also

(a)inform the respondent that the reference will not affect the trial
in relation to which it is made or any acquittal in that trial;

(b)invite the respondent, within such period as may be specified
in the notice (being not less than 28 days from the date of
service of the notice), to inform the Registrar if he wishes to
present any argument to the Court of Appeal and, if so,
whether he wishes to present such argument by counsel on
his behalf or wishes to seek leave to appear in person.

(2) The Court of Appeal shall not hear argument by or on behalf of
the Attorney General until the period specified in the notice has expired
unless the respondent agrees or has indicated that he does not wish to
present any argument to the court.





5. The Attorney General may withdraw or amend the reference at
any time before the Court of Appeal begins the hearing, or, after that,
and until the court gives its opinion, may withdraw or amend the
reference by leave of the court, and notice of such withdrawal or
amendment shall, if the court or the Registrar so directs, be served on

(a) the respondent;

(b)an amicus curiae appointed under section 81D(2)(c) of the
Ordinance.

6. The court shall ensure that the identity of the respondent is not
disclosed during the proceedings on a reference except where the
respondent has given his consent to the use of his name in the
proceedings.

7. For the purpose of these rules service of a document on the
respondent may be efrected

(a)in the case of a document to be served on a body corporate
by delivering it to the secretary of the body at its registered or
principal office or sending it by registered post or the recorded
delivery service addressed to the secretary of that body at
that office;

(b)in the case of a document to be served on any other person
by

(i) delivering it to the person to whom it is directed; or

(ii) leaving it for him with some person at his last known or
usual place of residence or business; or

(iii) sending it by registered post or the recorded delivery
service addressed to him at his last known or usual place of
residence or business.
L.N. 154/79. Citation. Interpretation. Form of reference. Respondent to be given opportunity to appear. Withdrawal or amendment of reference. Anonymity of respondent. Methods of service.

L.N. 154/79. Citation. Interpretation. Form of reference. Respondent to be given opportunity to appear. Withdrawal or amendment of reference. Anonymity of respondent. Methods of service.

https://oelawhk.lib.hku.hk/items/show/2899

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