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

生效中

版本日期: 2024-02-22

Cap. 221J

Cap. 221L

Application for Dismissal of Charges Contained in a Notice of Transfer Rules

(Cap. 221, section 79G)

(Enacting provision omitted—E.R. 1 of 2024)

[16 February 1996] L.N. 105 of 1996

(Format changes—E.R. 1 of 2024)

1.

(Omitted as spent—E.R. 1 of 2024)

2. Interpretation

In these Rules, unless the context otherwise requires—

applicant (申請人) means the person making an application; application (申請) means an application under section 79G of the Ordinance for dismissal of charges that were contained in a notice of transfer.

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—

(a)

the Secretary for Justice; (L.N. 362 of 1997)

(b)

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.

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—

(a)

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

(b)

announce that he is reserving his decision and reasons to a later date.

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

(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 consideration of his application if a judge considers that such non-compliance was not wilful and can 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, upon compliance with such direction, 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. 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.

Schedule 1

[r. 4]

Criminal Procedure Ordinance

( 221)

Application to Judge under section 79G
for Dismissal of Charges Contained
in a Notice of Transfer

To: the Registrar, High Court, Hong Kong

the Secretary for Justice

PART I

I, , having been committed for trial for the offence of		(Here state the offence, e.g. theft, murder, forgery, etc.)

on at
and now being a prisoner in the Prison at
or* now living at		(*Where applicant is not in custody.)

hereby give notice that on I will apply to a judge for my discharge on the following grounds—		(Here state full grounds specifying precisely the point at issue.)

My address for service is—		(Set out address in full if different from above.)

		(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 have 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 your case and argument in support of your appeal.

* To be completed in the case of the notice given to the Registrar only.

(L.N. 362 of 1997; 25 of 1998 s. 2)

Schedule 2

[r. 5]