CRIMINAL PROCEDURE (APPLICATIONS UNDER SECTION 16) RULES

CRIMINAL PROCEDURE (APPLICATIONS UNDER SECTION 16) RULES

CRIMINAL PROCEDURE (APPLICATIONS UNDER

SECTION 16) RULES

(Cap. 221, section 9)

[23 December 1983.]

1. These rules may be cited as the Criminal Procedure
(Applications under Section 16) Rules.

2. In these rules-

'applicaion' means an application for discharge under section 16;

'applicant' means the person making application.

3. The date of hearing of an application shall be determined by the
Registrar in consultation with the applicant and the applicant shall.
before giving notice of his application in accordance with rule 5, first
obtain from the Registrar such a determination.

4. The notice of application shall be in the form prescribed in the
Schedule or as near thereto as circumstances permit, and shall

(a) be signed by the applicant;

(b)set out the grounds of the application particularizing in full
why it is alleged no prima facie case is disclosed;

(c)give an address at which notices relating to the application
may be served on the applicant.

5. Subject to any direction which the Registrar may give to the
contrary, the notice of application shall be given not less than 14 days
before the date of hearing thereof to the Attorney General.

6. An applicant may, at any time before the hearing thereof,
abandon his application by giving notice of abandonment thereof to
the Registrar, to the Attorney General and, if he is in custody the
Commissioner of Correctional Services; and upon such notice being
received by the Registrar, the application shall be deemed to have been
dismissed.

7. The judge hearing an application may, if at the close of the
argument he does not on that day deliver his decision and the reasons
therefor

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

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





8. On the final determination of any application the Registrar shall
give to the applicant, 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.

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

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

11. In any preliminary and interlocutory proceedings on an
application, the applicant may be represented and appear by a solicitor
alone.

12. (1) Non-compliance by an applicant with these rules, or with
any other rule of practice for the time being in force, shall not prevent
the further prosecution of his application if a judge considers that such
non-compliance was not wilful, and that the same may be waived or
remedied by amendment or otherwise.

(2) The judge may, in such manner as he thinks fit, direct the
applicant to remedy such non-compliance; and thereupon the
application shall proceed.

(3) The Registrar shall forthwith notify the applicant of any
directions given by a judge under this rule, if the applicant or his legal
representative was not present when such directions were given.

13. An applicant who is in custody may. at any time before the
determination of his application, be brought before a judge by warrant
under the hand of the Registrar.

14. Any notice to be given by the Registrar under these rules or
warrant under his hand which he may execute thereunder shall be in the
form of the analogous notice or warrant prescribed under the Criminal
Appeal Rules with such modifications as the circumstances of the case
may require.

15. In the event of any circumstances arising on an application
which are unprovided for in these rules the Registrar and judge shall be
guided by the Criminal Appeal Rules.

16. (1) Unless a judge, on the application of the applicant,
otherwise directs, no person shall publish in Hong Kong a written
report, or broadcast in Hong Kong a report, of any proceedings on





an application containing any matter other than that permitted by
paragraph (3).

(2) Notwithstanding paragraph (1), a report of proceedings on an
application containing matter other than permitted by paragraph (3) may
be published or broadcast where the judge directs that the accused
shall not be arraigned on the charge and directs that he be discharged,
and the period within which an appeal against such discharge may be
made has expired and no appeal has been made or appeal has been
made and it has been abandoned or dismissed.

(3) A report of proceedings on application may contain-

(a) the name of the judge;

(b)the offence, or a summary thereof, on which the applicant was
committed;

(c) the grounds of the application, or a summary thereof,

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

(e) any determination of the judge upon the application.

where the proceedings on the application are adjourned, the
date and place to which they are adjourned;

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

17. (1) Anything which, under these rules, is required or permitted
to be done by the applicant may be done in his name by his solicitor or
other legal representative.

(2) Where by these rules any notice or other document is required
to be signed by the applicant, and the applicant is a body corporate, it
shall be sufficient compliance therewith if such notice or other
document is signed by the secretary, clerk or manager of the body
corporate.

SCHEDULE [rule 4.]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Notice of application to a judge for discharge
under section 16
To: the Registrar, Supreme Court, Hong Kong
the Attorney General
PART I
I.
having been committed for trial for the offence of
on at and
now being a prisoner in the Prison
at





or* now living at

hereby give notice that on

I will apply to a judge for my discharge on the following grounds-

My address for service is

(Signed)

Applicant. or his solicitor
or other legal
representative.

PART II*

You are required to answer the following questions-

1 If you are not already legally aided and has c not been refused legal aid.
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 application by the judge'

3. The judge 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
as fully as You wish our case and argument in support of our appeal.

*To be completed in the case of the notice given to the Registrar
only.
L.N. 401/83. Citation. Interpretation. Date of hearing of application. Form of application. Schedule. Service on Attorney General. Abandonment of application. Reserved decisions or reasons. Final determination of applications. Register of applications. Notices to applicants in custody. Audience of solicitors. Non-compliance with rules not wiful may be waived by court. Warrant to secure attendance of applicant. Form of notices and warrants. (Cap. 221, sub. leg.) Matters unprovided for in these rules. (Cap. 221, sub. leg.) Written and broadcast reports. Applicant may act through legal representative. etc. (Here state the offence, e.g. theft, murder. Forgery, etc.) (*Where appellant is not in custody.) (Here state full grounds specifying precisely the point at issue.) (Set out address in full if different from above.)

L.N. 401/83. Citation. Interpretation. Date of hearing of application. Form of application. Schedule. Service on Attorney General. Abandonment of application. Reserved decisions or reasons. Final determination of applications. Register of applications. Notices to applicants in custody. Audience of solicitors. Non-compliance with rules not wiful may be waived by court. Warrant to secure attendance of applicant. Form of notices and warrants. (Cap. 221, sub. leg.) Matters unprovided for in these rules. (Cap. 221, sub. leg.) Written and broadcast reports. Applicant may act through legal representative. etc. (Here state the offence, e.g. theft, murder. Forgery, etc.) (*Where appellant is not in custody.) (Here state full grounds specifying precisely the point at issue.) (Set out address in full if different from above.)

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