Criminal Appeal Rules
[3 August 1982] L.N. 276 of 1982
(Format changes—E.R. 5 of 2020)
These rules may be cited as the Criminal Appeal Rules.
In these rules, unless the context otherwise requires—
shorthand note (速記紀錄) 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; shorthand writer (速記員) means any person who makes by hand, or operates a device that produces, a shorthand note.The forms set out in the Schedule, or forms as near thereto as circumstances permit, shall be used where applicable.
The court may use either or both of the official languages in any appeal or a part of an appeal before it as it considers appropriate for the just and expeditious disposal of the appeal.
The decision of the court under paragraph (1) is final.
A party to or a witness in any appeal or a part of an appeal before the court may—
use either or both of the official languages; and
address the court or testify in any language.
A legal representative in an appeal or a part of an appeal before the court may use either or both of the official languages.
Documents filed in an appeal or served on a party to an appeal may be in either official language.
A party, other than the Secretary for Justice, served with a document relating to an appeal in an official language with which he is not familiar may within 3 days of being served request in writing the Secretary for Justice to provide a translation of the document into the other official language. (L.N. 362 of 1997)
The Secretary for Justice shall provide a translation as soon as practicable. (L.N. 362 of 1997)
The time for compliance with any rule or order requiring the taking of the next step in an appeal within a particular period shall start to run, if a request in writing is served under paragraph (6), only after the receipt of a translation or as ordered by the court under this rule.
The official record of an appeal shall be kept in the official language or official languages as the court hearing the appeal may direct.
The transcript of the appeal shall be prepared in the official language that the appeal court directs.
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.
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.
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 “The Registrar, High Court, Hong Kong”.
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 is so required or authorized to be given or sent.
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.
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.
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.
A shorthand writer shall—
sign the shorthand note taken by him of any trial or proceedings unless, by reason of the nature of the record, it is not practicable so to do;
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 (L.N. 345 of 1984)
in every case retain the shorthand note that he takes until he is directed by the Registrar to forward it to him.
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.
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 page as the Registrar may direct. (L.N. 132 of 1988)
The Registrar may, and on the direction of a judge shall, provide a translation of the transcript in the official language that a party interested may request and the party interested must pay the cost of translation, if any, which cost is a cost in the cause. (L.N. 53 of 1996)
Where a solicitor or counsel has been assigned to an accused person under the Legal Aid in Criminal Cases Rules (Cap. 221 sub. leg. D) 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.
A transcript shall be printed or typewritten.
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 complete transcript of the appropriate shorthand note.
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—
for the use of the Court of Appeal; and
to a party interested in such matter,
on payment by such party of such fee per page as the Registrar may direct.
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 I.
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.
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.
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—
against his conviction, upon grounds of law alone;
against his conviction, with a certificate of the trial judge granted under section 82(2) of the Ordinance; or
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.
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 II and III. 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.
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.
An appellant to whom rule 19 applies shall serve, in accordance with these rules—
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
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.
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—
order the forfeiture of the recognizances of the appellant and his sureties in the manner provided by rule 55;
issue a warrant for the apprehension of the appellant;
commit him to prison in default of payment of his fine; and
make such other order as it thinks right.
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.
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.
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.
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.
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.
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.
If the trial judge is of opinion that—
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
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 in 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.
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.
The Registrar shall keep a record of any directions given under this rule.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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 Secretary for Justice.
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 recognizances of the appellant and his sureties may be taken.
If the Court of Appeal makes no special order and gives no special directions under this rule—
the recognizances of the appellant may be taken before an officer acting with the authority of the Commissioner of Correctional Services; and
the recognizances of his sureties may be taken before the Registrar.
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.
The Registrar 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.
It shall be the duty of the police to give such assistance to, and as and when required by, the Registrar under this rule.
(Repealed 47 of 1997 s. 10)
The Commissioner of Correctional Services shall, after the appellant’s recognizance has been duly taken under these rules, forward the same to the Registrar.
The Registrar shall, after recognizance of a surety is taken, give to him a certificate in Form XIV which such surety shall sign and retain. (47 of 1997 s. 10)
The Registrar shall, on being satisfied that the recognizances 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.
The recognizances provided for in these rules shall be in Forms XVI and XVII.
An appellant who has been admitted to bail shall, by the order of the Court of Appeal or a judge 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.
The Court of Appeal may, if the appellant is not present at any hearing of his appeal—
decline to consider the appeal;
summarily dismiss it;
issue a warrant for the apprehension of the appellant in Form XVIII;
adjourn the appeal; or
consider the appeal in his absence,
and may make such other order as it thinks fit.
When an appellant is present before the Court of Appeal, the court may—
make an order admitting the appellant to bail;
revoke or vary any such order previously made;
enlarge from time to time the recognizances of the appellant or of his sureties; or
substitute any other surety for a surety previously bound, as it thinks fit.
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.
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.
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.
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.
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 a judge thereof. The judge may give to the Registrar such directions as to the appeal or otherwise as he thinks fit.
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.
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.
(Repealed L.N. 351 of 1985)
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.
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.
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.
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.
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.
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.
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, 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.
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.
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—
announce its decision and state that the reasons therefor will be given at a later date; or
announce that it is reserving its decision and reasons therefor to a later date.
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.
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—
deliver a copy thereof to each of the parties;
lodge a copy thereof in the High Court Library; and (25 of 1998 s. 2)
make a copy thereof available for public inspection in the Registry.
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.
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.
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 for Administration. On the final determination of any such appeal by the Court of Appeal, the Registrar shall forthwith notify the appellant, the Chief Secretary for Administration and the Commissioner of Correctional Services. (L.N. 362 of 1997)
When notice of appeal, or notice of application for leave to appeal, has been given, the Registrar shall, subject to the direction of a judge, 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—
the Secretary for Justice, without charge; and (L.N. 362 of 1997)
an appellant or his solicitor, on payment of a fee of $17 per page or such other fee as the Registrar may determine for such transcript and copies. (L.N. 132 of 1988; L.N. 395 of 1994)
Where a solicitor or counsel has been assigned to an appellant under the Legal Aid in Criminal Cases Rules (Cap. 221 sub. leg. D), 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. (E.R. 5 of 2020)
In any other case, the Registrar may, and on the direction of a judge shall, waive the fees which would be payable or any portion thereof.
The Registrar may, and on the direction of a judge shall, provide a translation of the transcript and copies of any documents or exhibits in the official language that a party interested may request and the party interested must pay the cost of translation, if any, which cost is a cost in the cause. (L.N. 53 of 1996)
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.
Such order may be made on the application of the HKSAR or of the appellant. If the appellant is in custody and not legally represented the application shall be made by him in Form XXVII. (39 of 1999 s. 3)
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.
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.
When the examiner has appointed the day and time for the examination, he shall request the Registrar to notify the Secretary for Justice and the appellant or his legal representative and, when the appellant is in prison, the Commissioner of Correctional Services, thereof. The Registrar shall cause to be served on every witness to be so examined a notice in Form XXVIII. (L.N. 362 of 1997)
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.
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 (Cap. 227) and, unless otherwise ordered by the court, shall be taken in private. The caption in Form XXIX shall be attached to any such deposition.
Any order or notice, required by rule 64, 65 or 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. (L.N. 307 of 1998; E.R. 5 of 2020)
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.
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.
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.
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.
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.
Except where otherwise provided in these rules, an application to the Court of Appeal may be made by the HKSAR, or by the appellant, or by counsel on his behalf, orally or in writing. (39 of 1999 s. 3)
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.
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.
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 he is in custody and has not been present at the hearing of such application) notice of the decision of the Court of Appeal thereon.
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.
The Court of Appeal, or a judge 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.
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.
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.
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.
| Form I | ||
| [rule 16] | ||
| Criminal Procedure Ordinance (Chapter 221) Judge’s certificate In the Court of First Instance of Hong Kong HKSAR v. | ||
| Whereas the said | was | (State shortly the offence, e.g., theft, murder, forgery, etc.) | |
| 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 | (Here specify in general terms the grounds on which certificate granted.) | ||
| 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 Court of First Instance | |||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | |||
| _ | |||
| Form II | ||
| [rule 19] | ||
| Criminal Procedure Ordinance (Chapter 221) Recognizance of Appellant sentenced to Payment of a Fine | ||
| Whereas | |||
| of was on the day of | |||
| 19 , in the Court of First Instance convicted of | |||
| and sentenced to pay a fine of $ | |||
| by the | and has intimated to the | ||
| Trial Judge that he desires to appeal against his said conviction on a question of law alone (or upon a certificate of the Trial Judge that this is a fit 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 Government 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 High Court, Hong Kong. | |||
| (Signed) | |||
| Registrar, High 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. | ||||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | ||||
| _ | ||||
| Form III | ||
| [rule 19] | ||
| Criminal Procedure Ordinance (Chapter 221) Recognizance 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 Government 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) | |||
| Registrar, High Court | |||
| Condition | ||
| The condition of the within written recognizance is such that whereas the said , having 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 leave of the Court, then this recognizance shall be void, but shall otherwise be of full force and effect. | ||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | ||
| _ | ||
| Form IV | ||
| [rule 21] | ||
| Criminal Procedure Ordinance (Chapter 221) Notice to Appellant Sentenced to Fine, of Breach of his Recognizances HKSAR 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 $ each 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 I hereby give Notice that unless you attend before on the day of 19 , | (Court of Appeal or Judge as the case may be.) | ||||
| at o’clock in the | noon at the High 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, High Court | |||||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | |||||
| _ | |||||
| Form V | ||
| [rule 21] | ||
| Criminal Procedure Ordinance (Chapter 221) Notice to Surety for Appellant before Forfeiture of Recognizance HKSAR v. | ||
| To * | (* Fill in here surety’s name and address.) | ||
| of | . | ||
| WHEREAS you the above named | |||
| became duly bound in recognizances as surety, for | |||
| that the said | having | ||
| been convicted of | |||
| and for his said offence fined the sum of $ | |||
| 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 | (Court of Appeal or Judge as the case may be.) | ||
| on | |||
| the day of | 19 , at o’clock | ||
| in the | noon at the High Court, your | ||
| recognizances may be ordered to be forfeited, unless you then show good cause to the contrary. | |||
| Dated the day of 19 . | |||
| (Signed) | |||
| Registrar, High Court | |||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | |||
| _ | |||
| Form VI | ||
| [rule 37] | ||
| Criminal Procedure Ordinance (Chapter 221) HKSAR v. Particulars of trial | ||
| 1. 2. 3. | Dates of trial Name of trial judge Verdict | ||
| 4. 5. | Sentence, and any orders made consequent thereon Copy of the list of exhibits | ||
| 6. 7. 8. | Whether a certificate under section 82(2) was given Names of counsel and/or solicitor for appellant 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, High Court | |||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | |||
| _ | |||
| Form VII | ||
| [rule 39] | ||
| Criminal Procedure Ordinance (Chapter 221) HKSAR v. Notice of abandonment | ||
| I, | ||||
| having been convicted of | ||||
| at the | Court of First Instance | on the day of | , | |
| District Court | ||||
| and having sent notice of appeal to the Court of Appeal against my said conviction (or the sentence of passed upon me on my said conviction) give you notice that I abandon all further proceedings in regard to the appeal. | ||||
| Dated the day of . | ||||
| (Signed) | ||||
| (Witness) | ||||
| To the Registrar, | |||
| High Court, | |||
| Hong Kong | |||
| Notes: | 1. | Please note rule 39 of the Criminal Appeal Rules (Cap. 221 sub. leg. A). | |
| 2. | Under that rule 39, on receipt by the Registrar of your notice of abandonment, your appeal is deemed to have been dismissed. The Court of Appeal has no inherent jurisdiction to permit your appeal to be reopened unless— | ||
| (a) your abandonment of the appeal is treated as a nullity; or | |||
| (b) there is a reference to the Court of Appeal by the Chief Executive under section 83P of the Criminal Procedure Ordinance (Cap. 221). | |||
| 3. | Only in exceptional circumstances, where the Court is satisfied that the abandonment was not the result of a deliberate and informed decision, will the Court treat the abandonment as a nullity. | ||
| (25 of 1998 s. 2; 39 of 1999 s. 3; L.N. 63 of 2015; E.R. 5 of 2020) | |||
| _ | |||
| Form VIII | ||
| [rule 41] | ||
| Criminal Procedure Ordinance (Chapter 221) Notice of Appeal Question of Law only | ||
| To the Registrar, High Court, Hong Kong: | |||
| I, | (Here state the offence, e.g., theft, murder, forgery, etc.) | ||
| having been convicted of the offence of | |||
| and being now a prisoner in the | |||
| Prison at | |||
| (or *now living at | ) | (* 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.) | |
| 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. | (Fill in all these particulars.) | |||
| 2. | Sentence. | ||||
| 3. Whether above questions of law were raised at the Trial. | |||||
| You are required to answer the following questions— | |||||
| 1. | (Repealed L.N. 351 of 1985) | ||||
| 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. | |||||
| Notes: | 1. | 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. | |||
| 2. | The Court of Appeal has power under section 83W of the Criminal Procedure Ordinance to direct that the time during which you are in custody pending the determination of your appeal shall not be reckoned as part of the term of any sentence to which you are for the time being subject. | ||||
| (L.N. 411 of 1996; 25 of 1998 s. 2; E.R. 5 of 2020) | |||||
| _ | |||||
| Form IX | ||
| [rule 41] | ||
| Criminal Procedure Ordinance (Chapter 221) Notice of Appeal against Conviction upon Certificate of the Trial Judge | ||
| To the Registrar, High Court, Hong Kong: | |||
| I, | (Here state the offence, e.g., theft, murder, forgery, etc.) | ||
| having been convicted of the offence of | |||
| and being now a prisoner in the | |||
| Prison at | |||
| (or *now living at | ) | (* Where appellant for any reason not in custody.) | |
| 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 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. | (Fill in all these particulars.) | |||
| 2. | Sentence. | ||||
| You are required to answer the following questions— | |||||
| 1. | (Repealed L.N. 351 of 1985) | ||||
| 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. | |||||
| 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. | ||||
| (L.N. 351 of 1985; 25 of 1998 s. 2; E.R. 5 of 2020) | |||||
| _ | |||||
| Form X | ||
| [rule 41] | ||
| Criminal Procedure Ordinance (Chapter 221) Notice of Appeal against Sentence upon Certificate of the Trial Judge | ||
| To the Registrar, High Court, Hong Kong: | |||
| I, | (Here state the offence, e.g., theft, murder, forgery, etc.) | ||
| having been convicted of the offence of | |||
| and being now a prisoner in the | |||
| Prison at | |||
| (or *now living at | ) | (* Where appellant for any reason not in custody.) | |
| 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. | (Fill in all these particulars.) | |||
| 2. | Sentence. | ||||
| You are required to answer the following questions— | |||||
| 1. | (Repealed L.N. 351 of 1985) | ||||
| 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. | |||||
| 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 83I 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. | ||||
| (L.N. 351 of 1985; 25 of 1998 s. 2; E.R. 5 of 2020) | |||||
| _ | |||||
| Form XI | ||
| [rule 41] | ||
| Criminal Procedure Ordinance (Chapter 221) | ||
| To the Registrar, High Court, Hong Kong | Notice of application for leave to appeal and of other applications | ||
| Part I | |||
| Particulars of Appellant | Full names | Age on conviction | |
| Present Address | |||
| Court where tried and/or sentenced | Name of Court | Date of (i) Conviction (ii) Sentence | |
| Name of Judge | |||
| Particulars of Offences and Sentences appealed against | Offences | Sentences | |
| Offences taken into consideration | Total Sentence | ||
| 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. | |||
| * 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 Appellant today. | Received in the Registrar’s Office. | |||
| (Signed).(officer) | ||||
| Date | Date | |||
| Notes: | 1.On an appeal against sentence the Court of Appeal has power under section 83I 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 Court of Appeal has power under section 83W of the Criminal Procedure Ordinance to direct that the time during which you are in custody pending the determination of your appeal shall not be reckoned as part of the term of any sentence to which you are for the time being subject. (L.N. 411 of 1996) | ||||
| (L.N. 351 of 1985; 25 of 1998 s. 2; E.R. 5 of 2020) | ||||
| _ | ||||
| Form XII | ||
| [rule 42] | ||
| Criminal Procedure Ordinance (Chapter 221) HKSAR v. | ||
| Notice of Order by the Hon. Mr. Justice | |||||
| 1. | APPLICATIONS CONSIDERED: | ||||
| *(a) | EXTENSION of time. | ||||
| *(b) | Leave to appeal against CONVICTION. | ||||
| *(c) | 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, High Court | |||||
| Note: | You may renew your application to the Court within 14 days. You may do this by completing Form XIII herewith. | ||||
| A renewal 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. | |||||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | |||||
| _ | |||||
| Form XIII | ||
| [rule 42] | ||
| Criminal Procedure Ordinance (Chapter 221) | ||
| Notice of Renewal of Application after Refusal by the Single Judge HKSAR v. | ||
| Part I | |||
| The order of the Single Judge was *handed to/posted to the *appellant /appellant’s solicitor on | |||
| (Signed) | |||
| Part II | |||
| (Notes: | 1.A renewal 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 to 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, | |||
| High court, Hong Kong | |||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | |||
| _ | |||
| Form XIV | ||
| [rule 48] | ||
| Criminal Procedure Ordinance (Chapter 221) Certificate to Surety HKSAR v. | ||
| This is to certify that you | (Here fill in surety’s name and address.) | ||
| 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 Hong Kong. And that your said recognizance will be duly forwarded by me to the Registrar at the High Court, Hong Kong. | |||
| Dated the day of 19 . | |||
| (Signed) | |||
| Registrar, High Court | |||
| or | |||
| Magistrate | |||
| I acknowledge that the above certificate is correct. | |||
| (Signed) | |||
| (Surety) | |||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | |||
| _ | |||
| Form XV | ||
| [rule 48] | ||
| Criminal Procedure Ordinance (Chapter 221) Notice to Commissioner of Correctional Services to Release Appellant on Bail HKSAR 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, High Court | ||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | ||
| _ | ||
| Form XVI | ||
| [rule 48] | ||
| Criminal Procedure 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 his conviction (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 Government the sum of $ , to be 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. | |
| Commissioner of Correctional Services | ||
| Condition | ||
| The 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 | ||
| (47 of 1997 s. 10; 39 of 1999 s. 3; E.R. 5 of 2020) | ||
| _ | ||
| Form XVII | ||
| [rule 48] | ||
| Criminal Procedure Ordinance (Chapter 221) Recognizance of Appellant’ s Sureties | ||
| Be it remembered that on this day of | |||
| 19 , | of | (occupation) | |
| and | of | (occupation) | |
| personally came before me the undersigned, and severally acknowledged themselves to owe to the Government 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, High 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. | |||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | |||
| _ | |||
| Form XVIII | ||
| [rule 49] | ||
| Criminal Procedure Ordinance (Chapter 221) Warrant for Arrest of Appellant on Bail HKSAR v. | ||
| To all police officers of Hong Kong and to the Commissioner of Correctional Services: | ||||
| Whereas | (Warrant issued by Court of Appeal.) | |||
| 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 Court of First Instance | ||||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | ||||
| _ | ||||
| Form XIX | ||
| [rule 51] | ||
| Criminal Procedure Ordinance (Chapter 221) Information of Surety for Arrest of Appellant HKSAR v. | ||
| (Appellant) | ||||
| The Information of | ( | ) | ||
| of | laid before | To Wit. | ||
| me the undersigned Magistrate | ||||
| upon an application for a Warrant for the apprehension of* | (*Here state Appellant’s name and address if known.) | |||
| and the deposition of the said | ||||
| in support thereof on the day of 19 . | ||||
| The said† | (†Here fill in the name, address and description of surety.) | |||
| 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 by the Judgment of the said Court and not to be absent from the Court on any hearing without the leave of the said Court and in the meantime should not depart from Hong Kong: | ||||
| And that I became surety for the performance of the said conditions by the said in the sum of $ , a Certificate whereof 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 the observance of 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 | ||||
| (39 of 1999 s. 3; E.R. 5 of 2020) | ||||
| _ | ||||
| Form XX | ||
| [rule 51] | ||
| Criminal Procedure Ordinance (Chapter 221) Warrant on Information of Surety | ||
| To all police officers of Hong Kong: | ( | ) | ||
| To Wit. | ||||
| Whereas information hath been duly laid before me the undersigned by* of | (*Here fill in surety’ s name.) (†Here fill in Appellant’s name.) | |||
| 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 | ||||
| (E.R. 5 of 2020) | ||||
| _ | ||||
| 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: | ( | ) | |||
| To Wit. | |||||
| 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 bail by the Court of Appeal, was suspected on being about to fail to observe the conditions of his recognizance by the said his surety: And that the said | |||||
| wished to surrender the said | : | ||||
| And whereas the said* | (*Appellant) | ||||
| is now before me, having 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 of 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 | |||||
| (E.R. 5 of 2020) | |||||
| _ | |||||
| Form XXII | ||
| [rule 62] | ||
| Criminal Procedure Ordinance (Chapter 221) Notification to Appellant of Result of his Appeal HKSAR v. | ||
| 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, High Court | ||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | ||
| _ | ||
| Form XXIII | ||
| [rule 62] | ||
| Criminal Procedure Ordinance (Chapter 221) Notification to Appellant of Result of Application HKSAR v. | ||
| To the above-named Appellant: | ||
| This is to give you Notice that the Court of Appeal has considered the matter of your application for— | ||
| (a)leave to appeal to the said Court; | ||
| (b)leave to extend the time within which you may give Notice of Appeal or of Application for leave to appeal; | ||
| (c)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 Appeal 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, High Court | ||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | ||
| _ | ||
| Form XXIV | ||
| [rule 62] | ||
| Criminal Procedure Ordinance (Chapter 221) HKSAR 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, High Court | ||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | ||
| _ | ||
| Form XXV | ||
| [rule 62] | ||
| Criminal Procedure Ordinance (Chapter 221) HKSAR v. | ||
| To the Commissioner of Correctional Services: | ||
| This is to give you Notice that the above-named | ||
| having appealed against his conviction of | ||
| the offence of | at the Court of First Instance | |
| on the 19 , (or the sentence of | ||
| passed upon him for the offence of | ||
| at the Court of First Instance 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, High Court | ||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | ||
| _ | ||
| Form XXVI | ||
| [rule 64] | ||
| Criminal Procedure Ordinance (Chapter 221) Notice to Witness to Attend Court for Examination HKSAR v. | ||
| 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 High 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, High Court | ||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | ||
| _ | ||
| Form XXVII | ||
| [rule 64] | ||
| Criminal Procedure Ordinance (Chapter 221) Appellant’ s Application for further Witnesses HKSAR v. | ||
| I, | ||
| having appealed to the Court of Appeal, hereby give notice that I 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 what matters do you wish him to be examined on the appeal? | ||
| State shortly the evidence you think he can give. | ||
| (39 of 1999 s. 3; E.R. 5 of 2020) | ||
| _ | ||
| Form XXVIII | ||
| [rule 65] | ||
| Criminal Procedure Ordinance (Chapter 221) Notice to Witness to attend before Examiner HKSAR 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* | (*Specify place of examination.) (†Fill in examiner’s name.) | ||
| 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, High Court | |||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | |||
| _ | |||
| Form XXIX | ||
| [rule 66(2)] | ||
| Criminal Procedure Ordinance (Chapter 221) Caption for Deposition of Witness Examined before Examiner HKSAR 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 Secretary for Justice, or his representative, at on the day of 19 . The Appellant (personally, or by his counsel and solicitor) and the Secretary for Justice, 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 | ||
| (L.N. 362 of 1997; 39 of 1999 s. 3; E.R. 5 of 2020) | ||
| _ | ||
| Form XXX | ||
| [rule 76] | ||
| Criminal Procedure Ordinance (Chapter 221) In the High Court of Hong Kong Criminal Appeal No. of 19 HKSAR 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 Court before* at o’clock on the day of 19 , and thereafter from day to day as may be required by* | (*The Court of Appeal, a Judge or Examiner as the case may be.) | ||
| 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, High Court | |||
| (25 of 1998 s. 2; 39 of 1999 s. 3; E.R. 5 of 2020) | |||