CRIMINAL PROCEDURE (APPEAL AGAINST DISCHARGE) RULES

CRIMINAL PROCEDURE (APPEAL AGAINST DISCHARGE) RULES

CRIMINAL PROCEDURE (APPEAL AGAINST
DISCHARGE) RULES

(Cap. 221, section 9)

[23 December 1983.]


1. These rules may be cited as the Criminal Procedure (Appeal
against Discharge) Rules.

2. In these rules-

appeal- means an appeal by the Attorney General to the Court of
Appeal against a person's discharge in pursuance of section 81 E.

respondent- in relation to any appeal means the person against whose
discharge the appeal is made.

3. (1) A notice of appeal shall be in the form prescribed in the
Schedule. or as near thereto as circumstances permit. and shall

(a) set out the grounds thereof;

(b)where the appeal is on any ground which involves a question
of law specify the question of law referred to and,' where
appropriate. such facts of the case as are necessary for the
proper consideration of the question of law;

(c)summarize the arguments intended to be put to the Court of
Appeal; and

(d) specify the authorities intended to be cited.

(2) Notice of appeal shall be given within 21 days of the discharge.

4. (1) The Attorney General shall, unless the respondent cannot be
found or is outside Hong Kong, cause to be served on the respondent
notice of the appeal, which shall also 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 desires to present such argument by counsel on his behalf
or desires 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 notice of
appeal 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 notice of appeal by leave of the court. and any notice of such
withdrawal or amendment shall. if the court or Registrar so directs, be served on

(a) the respondent; and

(b)an amicus curiae appointed under section 81D(2)(c) as read with
section 81 E(5).

6. (1) Unless the Court of Appeal. on the application of the respondent.
otherwise directs, no person shall publish in Hong Kong a written report, or
broadcast in Hong Kong a report. of any proceedings on an appeal containing
any matter other than that permitted by paragraph (3).

(2) Notwithstanding paragraph (1). a report of proceedings on an appeal
containing matter other than that permitted by paragraph (3) may be published
where the Court of Appeal either disallows the appeal or allows the appeal but
does not quash the acquittal of the respondent and order him to be tried.

(3) A report of proceedings on appeal may contain

(a)the identity of the court and the names of the Judges thereof.

(h)such details concerning the proceedings on the application under
section 16 to which the appeal relates as may lawfully be published
or broadcast in accordance with the Criminal Procedure
(Applications under Section 16) Rules:

(c) the grounds of the appeal or a summary thereof:

(d)the names of counsel and solicitors engaged in the proceedings:

(e)any decision of the Court of Appeal on the disposal ot' the appeal
and. in the event of the Court of Appeal determining that the
respondent is to be tried. the charge upon which he is to be tried:

(f) where the proceedings on appeal are adjourned. the date to which
they are adjourned.

(g) whether legal aid was granted to the respondent.

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

(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.

SCHEDULE [rule 3.]

CRIMINAL PROCEDURE ORDINANCE

(Chapter 221)

Notice of Appeal against Discharge

To: 1. The Registrar. Supreme Court, Hong Kong:

2 ..................................................................... of .
(here insert name and address of the respondent)

PART I

WHEREAS the respondent was on the day of

.................................................... 19 committed for trial on
a charge of charges

of ................and on the day of

........... ..19 oil application to the High Court under

section 16 of the Ordinance a judge directed that lie should not be arraigned oil the

said charge(s) and directed that he should be discharged

NOW THEREFORE the Attorney General appeals against the said discharge on
the

grounds ............................................................................

Note Attention is drawn to rule 3(1). The particulars required by that rule may be
annexed as a Schedule to this form.

PART II

To the Respondent:

1..................You are invited within days of the service of this notice upon

you to inform the Registrar if you wish to present any argument to the Court
of Appeal. If you wish to present any argument you should also inform the
Registrar whether you desire to present such argument by counsel or desires to
seek leave to appear in person.

2.If you are not already legally aided you may be entitled to apply to the
Director of Legal Aid for legal aid. Should you desire legal aid you should
contact to the Director at the following address
..................................................................

Dated the ..............day of 19

Counsel for Attorney General.






L.N. 400/83. Citation. Interpretation. Form of notice of appeal. Schedule. Respondent to be given opportunity to appear. Withdrawal or amendment of notice of appeal. Restrictions on reports of appeals. (Cap. 221, sub. leg.) Methods of service.

L.N. 400/83. Citation. Interpretation. Form of notice of appeal. Schedule. Respondent to be given opportunity to appear. Withdrawal or amendment of notice of appeal. Restrictions on reports of appeals. (Cap. 221, sub. leg.) Methods of service.

https://oelawhk.lib.hku.hk/items/show/2900

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