CRIMINAL PROCEDURE ORDINANCE - minor amendment
Title
CRIMINAL PROCEDURE ORDINANCE - minor amendment
Description
CHAPTER 221
CRIMINAL PROCEDURE
1. The Criminal Procedure Ordinance is amended-
(1)in section 2, in the definition of 'hospital order' by adding
'49,' after '45,';
(2)in paragraph 2 of the Fourth Schedule by adding 'without an
endorsement under subsection (IA) of that section' after 'that
Ordinance';
(3) in the Fifth Schedule-
(i) in paragraph 2 by adding 'and without an endorsement
under subsection (IA) of that section' after 'specified in the
order';
(ii) in paragraph 3 by repealing 'detention and' and
substituting 'admission for';
(4)in paragraph 1 of the Seventh Schedule by adding '52A,' after
'sections'.
2. The Criminal Appeal Rules are amended-
(1) by adding after rule 1-
1A. In these rules, unless the context otherwise
requires-
'shorthand note' means any contemporaneous record of
proceedings in court, whether made by hand or by the
use of any mechanically or electronically operated
device, and whether or not comprising legible
symbols, being a record from which an accurate
legible transcript of the proceedings is, or may be,
made; (L.N. 345 of 1984)
'shorthand writer' means any person who makes by
hand, or operates a device that produces, a shorthand
note. (L.N. 345 of 1984)
(2) in rule 10-
(a) in paragraph(a) by adding after 'proceedings'-
unless, by reason of the nature of the record, it is not
practicable so to do
(b) by repealing paragraph (b) and substituting-
(b)certify any shorthand note taken by him to be
to the best of his skill and ability an accurate
and complete shorthand note of the trial or
proceedings; and
(c)in paragraph (c) by repealing 'retain the same' and
substituting-
in every case retain the shorthand note that he takes
(3) in rule 12(1) by repealing 'folio' and substituting 'page';
(4) by repealing rule 14 and substituting-
14. (a) A transcript shall be printed or typewritten.
(b)The transcript shall be certified by the person who
makes it, or supervises its making, to be to the best of
that person's skill and ability an accurate and com-
plete transcript of the appropriate shorthand note.
(L.N. 345 of 1984)
(5) in rule 15 by repealing 'folio' and substituting 'page';
(6) by repealing rule 56;
(7)in rule 63(1)(b) by deleting '$5.00 per folio' and substituting
'$10.00 per page';
(8) in the Schedule--
(a) in Form VIII-
(i) by repealing item 1 after 'You are required to
answer the following questions-';
(ii) by adding at the end of the Form-
Note:If you wish to seek legal aid for your appeal,
you must complete and submit to the
Director of Legal Aid, the appropriate Legal
Aid Application Form as soon as possible.
(b) in Form IX-
(i) by repealing item 1 after 'You are required to
answer the following questions----';
(ii) by repealing the note at the end of the Form and
substituting-
Notes: 1. You must send with this Notice to the
Registrar the Certificate of the Judge
who tried you.
2.If you wish to seek legal aid for your
appeal, you must complete and submit
to the Director of Legal Aid, the
appropriate Legal Aid Application
Form as soon as possible.
(c) in Form X-
(i) by repealing item 1 after 'You are required to
answer the following questions-';
(ii) by repealing the note at the end of the Form and
substituting-
Notes: 1.You must send with this Notice to the
Registrar the Certificate of the Judge
who tried you.
2.On an appeal against sentence the Court
of Appeal has power under section 831
of the Criminal Procedure Ordinance to
either increase or reduce the sentence.
3.If you wish to seek legal aid for your
appeal, you must complete and submit
to the Director of Legal Aid, the
appropriate Legal Aid Application
Form as soon as possible.
(d) in Form XI-
(i) In Part II by repealing 'BAIL.' and 'He *is/is not
seeking LEGAL AID.';
(ii) by adding immediately after Part III-
Notes: 1. On an appeal against sentence the Court
of Appeal has power under section 831
of the Criminal Procedure Ordinance to
either increase or reduce the sentence.
2.If you wish to seek legal aid for your
appeal, you must complete and submit
to the Director of Legal Aid, the
appropriate Legal Aid Application
Form as soon as possible.
3. The Criminal Procedure (Witnesses' Allowances) Rules are
amended-
(1) in rule 5(1) by repealing '550' and substituting '$90';
(2) in rule 5(2) by repealing '$25' and substituting '$45'.
4. The Legal Aid in Criminal Cases Rules are amended-
(1) in rule 4-
(a) in paragraph (1)--
(i) by adding after sub-paragraph (a)---
(aa) an accused person in respect of whom pro-
ceedings have been transferred to the High Court
under section 4 of the Complex Commercial
Crimes Ordinance (Cap. 394) may be granted
legal aid under these rules for the preparation
and conduct of his defence including any
application for discharge under section 22 of that
Ordinance and any appeal arising therefrom;
(Added 57 of 1988 s. 33)
(ii) in sub-paragraph (k), by adding after 'Ordin-
ance'-
may be granted legal aid under these rules for the
purpose of the proceedings
(iii) in sub-paragraph (1), by adding after 'Ordin-
ance'--
may be granted legal aid under these rules for the
purpose of the proceedings
(b) by adding after paragraph (2)--
(3) Where an accused person has been granted
legal aid under paragraph (1)(a), (b) or (j) and a letter
of request has been issued by the High Court under
section 77E of the Evidence Ordinance (Cap. 8)
addressed to a court or tribunal exercising jurisdiction
in a place outside Hong Kong, he may also be granted
legal aid for any proceedings in that court or tribunal
in connection with the letter of request. (L.N. 157 of
1986)
(2) in rule 7 by adding after paragraph (1)--
(IA) Where an accused person has been granted
legal aid under rule 4(3), the Director shall engage, for the
purpose of representing the accused person in the court or
tribunal referred to in that rule, the services of 1 or, if the
Director thinks fit, more than 1 lawyer who is or are, as
the case may be,-
(a)qualified to represent the accused person in such
court or tribunal; and
(b)not suspended from practice before such court or
tribunal. (L.N. 157 of 1986)
(3) in rule 20 by adding 'in Hong KonJ after 'court';
(4) in rule 21-
(a) in paragraph (1)(a) by-
(i) repealing '$2,000' and substituting '$2,700';
(ii) repealing '$250' and substituting '$340';
(iii) repealing '$1,300' and substituting '$1,750';
(b) in paragraph (1)(b) by-
(i) repealing '$800' and substituting '$1,070';
(ii) repealing '$250' and substituting '$340';
(iii) repealing '$650' and substituting '$870';
(c)in paragraph (1)(d) by repealing '$6,000' and substituting
'$8,000';
(d)in paragraph (1)(e) by repealing '$3,500' and substituting
'$4,700';
(e)in paragraph (1)(g) by repealing '$250' and substituting
'$340';
(f) in paragraph (1)(h) by repealing '$200' and substituting
'$270';
(g)in paragraph (1)(l) by repealing '$3,000' and substituting
'$4,000';
(h) in paragraph (1)(m) by-
(i) repealing '$800' and substituting '$1,070';
(ii) repealing '$650' and substituting '$870';
(i) in paragraph (1)(n) by-
(i) repealing '$1,500' and substituting '$2,000';
(ii) repealing '$750' and substituting '$1,000';
(j) in paragraph (1)(o)--
(i) by repealing '$750' and substituting '$1,000';
(ii) by repealing the full stop at the end and substituting
a semicolon;
(k) by adding after paragraph (1)(o)--
(p)to any lawyer engaged under rule 7(1A), such
fees as appear to the Director to be proper in the
circumstances. (L.N. 157 of 1986)
(l)in paragraph (6) by repealing '$500' and substituting
'$670'.
46 of 1988 s. 33(1) Interpretation. L.N. 345 of 1984 L.N. 345 of 1984 L.N. 345 of 1984 L.N. 132 of 1988 Transcript to be certified L.N. 132 of 1988 L.N. 351 of 1985 L.N. 132 of 1988 L.N. 351 of 1985 L.N. 351 of 1985 L.N. 351 of 1985 L.N. 351 of 1985 L.N. 351 of 1985 L.N. 403 of 1983 L.N. 403 of 1983 L.N. 157 of 1986 L.N. 157 of 1986 L.N. 157 of 1986 L.N. 83 of 1987 L.N. 157 of 1986
Abstract
46 of 1988 s. 33(1) Interpretation. L.N. 345 of 1984 L.N. 345 of 1984 L.N. 345 of 1984 L.N. 132 of 1988 Transcript to be certified L.N. 132 of 1988 L.N. 351 of 1985 L.N. 132 of 1988 L.N. 351 of 1985 L.N. 351 of 1985 L.N. 351 of 1985 L.N. 351 of 1985 L.N. 351 of 1985 L.N. 403 of 1983 L.N. 403 of 1983 L.N. 157 of 1986 L.N. 157 of 1986 L.N. 157 of 1986 L.N. 83 of 1987 L.N. 157 of 1986
Identifier
https://oelawhk.lib.hku.hk/items/show/3747
Edition
1964
Volume
v31
Subsequent Cap No.
221
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CRIMINAL PROCEDURE ORDINANCE - minor amendment,” Historical Laws of Hong Kong Online, accessed September 18, 2024, https://oelawhk.lib.hku.hk/items/show/3747.