Cap. 221K 《申請撤銷移交通知所載控罪規則》Application for Dismissal of Charges Contained in a Notice of Transfer Rules

1.

(Omitted as spent—E.R. 1 of 2024)

2. Interpretation

In these Rules, unless the context otherwise requires—

3. Date of hearing of application

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 or notice of intention to make an application in accordance with rule 6, first obtain from the Registrar such a determination.

4. Form of application

A written application shall be in the form prescribed in Schedule 1.

5. Form of notice of intention to make application

A notice of intention to make an oral application shall be in the form prescribed in Schedule 2.

6. Service on Secretary for Justice

Subject to any direction which the Registrar may give to the contrary, a copy of an application or a notice of intention to make an oral application shall be given by the applicant to the Secretary for Justice not less than 14 days before the date of hearing thereof.

(L.N. 362 of 1997)

7. Abandonment of application

An applicant may, at any time before the hearing thereof, abandon his application by giving notice of abandonment to the Registrar with a copy to—

and upon such notice being received by the Registrar, the application shall be deemed to have been dismissed.

8. Reserved decisions or reasons

The judge hearing an application may, if at the close of the argument he does not deliver his decision and the reasons therefor—

9. Final determination of applications

On the final determination of any application, the Registrar shall, if the applicant is in custody and was not present at such final determination, give him and the Commissioner of Correctional Services notice of such determination.

10. Notices to applicants in custody

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

11. Audience of solicitors

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

12. Non-compliance with rules not wilful may be waived by court

13. Warrant to secure attendance of applicant

An applicant who is in custody may be brought before a judge by warrant under the hand of the Registrar for the hearing of his application.

14. Form of notices and warrants

Any notice to be given by the Registrar under these Rules or warrant under his hand shall be in the form of the analogous notice or warrant prescribed under the Criminal Procedure (Applications under Section 16) Rules (Cap. 221 sub. leg. G) with such modifications as the circumstances of the case may require.

(E.R. 1 of 2024)

15. Matters unprovided for in these Rules

In the event of any circumstances arising on an application which are not provided for in these Rules, the Registrar and judge shall be guided by the Criminal Appeal Rules (Cap. 221 sub. leg. A).

(E.R. 1 of 2024)

16. Applicant may act through legal representative, etc.

Anything that 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.