Chapter:
221A
CRIMINAL APPEAL RULES
Gazette Number Version Date
30/06/1997
Empowering section
(Cap 221 section 9)
[3 August 1982] L.N. 276 of 1982
(Originally L.N. 193 of 1982)
Rule:
1
30/06/1997
Citation
PRELIMINARY
These rules may be cited as the Criminal Appeal Rules.
Rule:
1A
Interpretation
30/06/1997
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.
(L.N. 345 of 1984)
Rule:
2
Scheduled forms to be used
30/06/1997
The forms set out in the Schedule, or forms as near thereto as circumstances permit, shall be used where
applicable.
Rule:
2A
Use of language in appeal
L.N. 362 of 1997 01/07/1997
(1) 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.
(2) The decision of the court under paragraph (1) is final.
(3) A party to or a witness in any appeal or a part of an appeal before the court may(a) use either or both of the official languages; and
(b) address the court or testify in any language.
(4) A legal representative in an appeal or a part of an appeal before the court may use either or both of the
official languages.
(5) Documents filed in an appeal or served on a party to an appeal may be in either official language.
(6) 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)
(7) The Secretary for Justice shall provide a translation as soon as practicable. (L.N. 362 of 1997)
(8) 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.
(9) The official record of an appeal shall be kept in the official language or official languages as the court
hearing the appeal may direct.
(10) The transcript of the appeal shall be prepared in the official language that the appeal court directs.
(L.N. 53 of 1996)
Cap 221A - CRIMINAL APPEAL RULES
1
Rule:
3
30/06/1997
Notices to be signed
NOTICES OF APPEAL
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.
Rule:
4
30/06/1997
Notices to in writing
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.
Rule:
5
25 of 1998
Address for notices
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
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".
(25 of 1998 s. 2)
Rule:
6
30/06/1997
Sending of notices
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.
Rule:
7
Appellant unable to write
30/06/1997
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.
Rule:
8
30/06/1997
Insanity of 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.
Rule:
9
Notices, etc., on behalf of corporations
30/06/1997
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.
Rule:
10
Signature and certificate of shorthand writer
30/06/1997
RECORD OF CASE
A shorthand writer shall(a) sign the shorthand note taken by him of any trial or proceedings unless, by reason of the nature of the
Cap 221A - CRIMINAL APPEAL RULES
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record, it is not practicable so to do; (L.N. 345 of 1984)
(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 (L.N. 345 of 1984)
(c) in every case retain the shorthand note that he takes until he is directed by the Registrar to forward it to
him. (L.N. 345 of 1984)
Rule:
11
Furnishing transcript for Court of Appeal
30/06/1997
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.
Rule:
12
Fees for transcript
30/06/1997
(1) 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)
(2) For the purposes of this rule, "a party interested" (有利害關係的一方) means the prosecutor, the person
convicted, any other person named in, or immediately affected by, any order made by the trial judge and any other
person authorized to act on behalf of any such person.
(3) 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)
Rule:
13
Transcript in legal aid case
30/06/1997
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.
Rule:
14
Transcript to be certified
30/06/1997
(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 complete transcript of the appropriate shorthand note.
(L.N. 345 of 1984)
Rule:
15
Record other than shorthand note
30/06/1997
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(a) for the use of the Court of Appeal; and
(b) to a party interested in such matter,
on payment by such party of such fee per page as the Registrar may direct.
(L.N. 132 of 1988)
Rule:
16
Judge's certificate under section 82(2)
30/06/1997
CERTIFICATE OF TRIAL JUDGE
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;
Cap 221A - CRIMINAL APPEAL RULES
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and may give to such person a certificate to that effect in Form I.
Rule:
17
Retention of fine pending appeal
30/06/1997
APPEALS WHERE FINE ONLY IS INFLICTED
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.
Rule:
18
Person in custody in default of payment of fine
30/06/1997
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.
Rule:
19
Where person fined intimates appeal
30/06/1997
(1) 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(a) against his conviction, upon grounds of law alone;
(b) against his conviction, with a certificate of the trial judge granted under section 82(2) of the Ordinance;
or
(c) 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.
(2) 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.
Rule:
20
30/06/1997
Fine to be repaid
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.
Rule:
21
Breach of recognizance
30/06/1997
(1) An appellant to whom rule 19 applies shall serve, in accordance with these rules(a) 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
(b) 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.
(2) 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(a) order the forfeiture of the recognizances of the appellant and his sureties in the manner provided by
rule 55;
(b) issue a warrant for the apprehension of the appellant;
(c) commit him to prison in default of payment of his fine; and
(d) make such other order as it thinks right.
Rule:
22
30/06/1997
Custody of exhibits
CUSTODY OF EXHIBITS
Cap 221A - CRIMINAL APPEAL RULES
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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.
Rule:
23
Suspension of orders made by trial judge
30/06/1997
ORDERS MADE AT TRIAL
(1) 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.
(2) 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.
Rule:
24
Annulment or variation of orders
30/06/1997
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.
Rule:
25
Person affected may be heard on appeal
30/06/1997
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.
Rule:
26
Record of orders
30/06/1997
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.
Rule:
27
Non-suspension of orders for restitution, etc.
30/06/1997
If the trial judge is of opinion that(a) 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
(b) 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.
Rule:
28
Property of convicted person pending appeal
30/06/1997
(1) 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.
(2) The Registrar shall keep a record of any directions given under this rule.
Cap 221A - CRIMINAL APPEAL RULES
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Rule:
29
Suspension of disqualifications
30/06/1997
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.
Rule:
30
Suspension of order for destruction or forfeiture of
property
30/06/1997
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.
Rule:
31
Suspension of proceedings or claims consequent on
conviction
30/06/1997
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.
Rule:
32
Period suspension of orders
30/06/1997
(1) 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.
(2) 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.
Rule:
33
30/06/1997
Judge's note
NOTES AND REPORT OF TRIAL JUDGE
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.
Rule:
34
Forms of appeal notices
30/06/1997
NOTICES OF APPEAL AND PERIOD FOR APPEALING;
ABANDONMENT OF APPEALS
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.
Rule:
35
Time for appealing against conviction
30/06/1997
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.
Rule:
36
Time for appealing against sentence
30/06/1997
The time within which a convicted person shall give notice of appeal, or notice of application for leave to
Cap 221A - CRIMINAL APPEAL RULES
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appeal, against his sentence shall commence to run from the day on which the sentence was passed upon him by the
trial judge.
Rule:
37
Registrar to prepare particulars etc., of trial
30/06/1997
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.
Rule:
38
Notice of application for leave to appeal
30/06/1997
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.
Rule:
39
Abandonment of appeal
30/06/1997
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.
Rule:
40
Powers exercised by single judge
30/06/1997
PROCEEDINGS BEFORE A SINGLE JUDGE
(1) 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.
(2) 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.
Rule:
41
Forms of application
30/06/1997
NOTICES OF APPLICATIONS
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.
Rule:
42
Procedure where judge refuses applications under rule 41
30/06/1997
(1) 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.
(2) 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.
(3) 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.
Rule:
43
Copies of notices to be sent to Secretary for Justice
L.N. 362 of 1997 01/07/1997
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.
(L.N. 362 of 1997)
Cap 221A - CRIMINAL APPEAL RULES
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Rule:
44
30/06/1997
Bail
APPLICATION FOR BAIL
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.
Rule:
45
Appellant's recognizances
30/06/1997
If the Court of Appeal makes no special order and gives no special directions under this rule(a) the recognizances of the appellant may be taken before an officer acting with the authority of the
Commissioner of Correctional Services; and
(b) the recognizances of his sureties may be taken before the Registrar.
(47 of 1997 s. 10)
Rule:
46
Notice of terms of bail
30/06/1997
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.
Rule:
47
Police to assist Registrar or justice of the peace
30/06/1997
(1) 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.
(2) It shall be the duty of the police to give such assistance to, and as and when required by, the Registrar under
this rule.
(47 of 1997 s. 10)
Rule:
48
Appellant's and surety's recognizances
30/06/1997
(1) (Repealed 47 of 1997 s. 10)
(2) The Commissioner of Correctional Services shall, after the appellant's recognizance has been duly taken
under these rules, forward the same to the Registrar.
(3) 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)
(4) 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.
(5) The recognizances provided for in these rules shall be in Forms XVI and XVII.
Rule:
49
Presence of appellant on bail at hearing of his appeal
30/06/1997
(1) 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.
(2) The Court of Appeal may, if the appellant is not present at any hearing of his appeal(a) decline to consider the appeal;
(b) summarily dismiss it;
(c) issue a warrant for the apprehension of the appellant in Form XVIII;
Cap 221A - CRIMINAL APPEAL RULES
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(d) adjourn the appeal; or
(e) consider the appeal in his absence,
and may make such other order as it thinks fit.
Rule:
50
Varying order for bail
30/06/1997
When an appellant is present before the Court of Appeal, the court may(a) make an order admitting the appellant to bail;
(b) revoke or vary any such order previously made;
(c) enlarge from time to time the recognizances of the appellant or of his sureties; or
(d) substitute any other surety for a surety previously bound, as it thinks fit.
Rule:
51
Sureties discharging their obligations
30/06/1997
(1) 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.
(2) 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.
(3) 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.
Rule:
52
Power to revoke order for bail
30/06/1997
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.
Rule:
53
Commissioner of Correctional Services to notify Registrar
of commitment
30/06/1997
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.
Rule:
54
Sureties' rights at common law preserved
30/06/1997
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.
Rule:
55
Forfeiture of recognizances
30/06/1997
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.
Rule:
56
(Repealed L.N. 351 of 1985)
30/06/1997
Rule:
57
Prison officers to attend sittings of Court of Appeal
30/06/1997
The Commissioner of Correctional Services shall, on notice from the Registrar, cause such number of prison
Cap 221A - CRIMINAL APPEAL RULES
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officers to attend a sitting of the Court of Appeal as, having regard to the list of appeals thereat, he shall consider
necessary.
Rule:
58
30/06/1997
Appellant to surrender on appeal
(1) 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.
(2) 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.
Rule:
59
30/06/1997
Registrar to keep documents, exhibits, etc., for purposes of
appeal
(1) 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.
(2) 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.
(3) 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.
(4) 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.
Rule:
60
30/06/1997
Exhibits to be returned to persons
EXHIBITS IN COURT OF TRIAL
(1) 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.
(2) 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.
Rule:
61
Reserved decisions or reasons
25 of 1998
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
NOTIFYING RESULT OF APPEALS
(1) 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(a) announce its decision and state that the reasons therefor will be given at a later date; or
(b) announce that it is reserving its decision and reasons therefor to a later date.
(2) 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.
(3) 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(a) deliver a copy thereof to each of the parties;
(b) lodge a copy thereof in the High Court Library; and (25 of 1998 s. 2)
(c) make a copy thereof available for public inspection in the Registry.
Cap 221A - CRIMINAL APPEAL RULES
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(4) 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.
Rule:
62
Final determination of appeals
L.N. 362 of 1997 01/07/1997
(1) 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.
(2) 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)
Rule:
63
L.N. 362 of 1997 01/07/1997
Transcript
COPIES OF DOCUMENTS
(1) 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(a) the Secretary for Justice, without charge; and (L.N. 362 of 1997)
(b) 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)
(2) 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.
(3) 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.
(4) 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)
Rule:
64
Attendance of witness before Court of Appeal
39 of 1999
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 39 of 1999 s. 3
WITNESSES
(1) 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.
(2) 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)
Rule:
65
Order appointing examiner
L.N. 362 of 1997 01/07/1997
(1) 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.
(2) 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.
Cap 221A - CRIMINAL APPEAL RULES
11
(3) 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)
Rule:
66
Evidence to be given on oath
L.N. 307 of 1998 04/09/1998
(1) 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.
(2) 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.
(3) Any order or notice, required by rules 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)
Rule:
67
30/06/1997
Presence of parties at examination
Expanded Cross Reference:
64, 65, 66
(1) 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. <*Note-Exp. x-Ref: Rules 64,
65, 66 *>
(2) 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.
Rule:
68
30/06/1997
Register of appeals
CAUSE LISTS
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.
Rule:
69
30/06/1997
List of cases for sittings of court
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.
Rule:
70
30/06/1997
Notices to appellants in custody
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.
Rule:
71
Application not specially provided for, how made
39 of 1999
01/07/1997
Remarks:
Adaptation amendments retroactively made - see 39 of 1999 s. 3
MISCELLANEOUS PROVISIONS
Cap 221A - CRIMINAL APPEAL RULES
12
(1) 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)
(2) 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.
Rule:
72
30/06/1997
Audience of solicitors
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.
Rule:
73
30/06/1997
Notice by Registrar to appellant
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.
Rule:
74
30/06/1997
Non-compliance with rules not wilful may be waived by
court
(1) 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.
(2) The Court of Appeal, or a judge acting under rule 4O, may, in such manner as it or he thinks fit, direct the
appellant to remedy such non-compliance; and thereupon the appeal shall proceed.
(3) 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.
Rule:
75
30/06/1997
Enforcing duties under rules
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.
Rule:
76
30/06/1997
Warrant to secure attendance of appellant
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.
Schedule:
L.N. 63 of 2015
SCHEDULE
FORM I
20/03/2015
[rule 16]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Judge's certificate
In the Court of First Instance of Hong Kong
HKSAR v.
Cap 221A - CRIMINAL APPEAL RULES
13
(State
shortly
the
offence, e.g., theft,
murder, forgery, etc.)
WHEREAS the said
was
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
(Here
specify
in
general
terms
the
grounds on which
certificate granted.)
I CERTIFY that the case is a fit case for an appeal against conviction
by the said
to the
Court of Appeal under section 82(2) of the Criminal Procedure Ordinance,
upon the following groundsDated the
day of
19
.
(Signed)
Judge of the Court of First Instance.
(25 of 1998 s. 2; 39 of 1999 s. 3)
FORM II
[rule 19]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Recognizance of Appellant sentenced to Payment of a Fine
WHEREAS
of
was on the
of First Instance convicted of
and sentenced to pay a fine of $
day of
19
, in the Court
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.
19
Taken before me on the
day of
, at the High Court, Hong Kong.
(Signed)
Registrar, High Court.
Cap 221A - CRIMINAL APPEAL RULES
14
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)
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
Cap 221A - CRIMINAL APPEAL RULES
15
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)
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
, 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:
19
Now I hereby give Notice that unless you attend before
on the
day of
19
,
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
(Court of Appeal or
Judge as the case may
be.)
.
(Signed)
Registrar, High Court.
(25 of 1998 s. 2; 39 of 1999 s. 3)
FORM V
[rule 21]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Notice to Surety for Appellant before Forfeiture of Recognizance
Cap 221A - CRIMINAL APPEAL RULES
16
HKSAR v.
(* Fill in here surety's
name and address.)
To *
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:
(Court of Appeal or
Judge as the case may
be.)
Now I hereby give you Notice that unless you attend before
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)
FORM VI
[rule 37]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
HKSAR v.
Particulars of trial
1.
Dates of trial.
2.
Name of trial judge.
3.
Verdict.
4.
Sentence, and any orders made consequent thereon.
5.
Copy of the list of exhibits.
6.
Whether a certificate under section 82(2) was given.
7.
Names of counsel and/or solicitor for appellant.
8.
Whether appellant bailed before trial, if so in what amount, and whether with
sureties, if so in what amount.
Cap 221A - CRIMINAL APPEAL RULES
17
Dated the
day of
19
.
(Signed)
Registrar, High Court.
(25 of 1998 s. 2; 39 of 1999 s. 3)
FORM VII
[rule 39]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
HKSAR v.
Notice of abandonment
I,
having been convicted of
Court of First Instance
at the _____________________ on the
day of
, and
District Court
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)
FORM VIII
Cap 221A - CRIMINAL APPEAL RULES
[rule 41]
18
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Notice of Appeal
Question of Law only
To the Registrar, High Court, Hong Kong.
I,
having been convicted of the offence of
and being now a prisoner in the Prison at
(or * now living at
)
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 lawDated the
day of
19
(Here state the offence,
e.g., theft, murder,
forgery, etc.)
(* 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.)
.
(Signed)
(or Mark)
Appellant.
Signature or mark and address of Witness attesting Mark.
Particulars of Trial and Conviction
1.
2.
3.
(Fill in all
particulars)
Date of Trial.
Sentence.
Whether above questions of law were raised at the Trial.
these
You are required to answer the following questions1. (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.
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.
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)
FORM IX
Cap 221A - CRIMINAL APPEAL RULES
[rule 41]
19
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Notice of Appeal against Conviction upon Certificate of the Trial Judge
To the Registrar, High Court, Hong Kong.
I,
having been convicted of the offence of
and being now a prisoner in the
Prison at
(Here state the offence,
e.g., theft, murder,
forgery, etc.)
(* Where appellant
for any reason not
in custody.)
(or *now living at
)
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
(Fill in all
particulars.)
1. Date of Trial.
2. Sentence.
these
You are required to answer the following questions1. (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.
2.
You must send with this Notice to the Registrar the Certificate of the Judge
who tried you.
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)
FORM X
[rule 41]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Cap 221A - CRIMINAL APPEAL RULES
20
Notice of Appeal against Sentence upon Certificate of the Trial Judge
To the Registrar, High Court, Hong Kong.
I,
having been convicted of the offence of
and being now a prisoner in the Prison at
(Here state the offence,
e.g., theft, murder,
forgery, etc.)
(* Where appellant
(or *now living at
)
and having duly obtained a Certificate, which is hereto annexed, from the Trial Judge that for any reason not in
it is a fit case for appeal, hereby give you Notice of Appeal against the sentence passed custody.)
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
(Fill in all
particulars.)
1. Date of Trial.
2. Sentence.
these
You are required to answer the following questions1.
(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)
FORM XI
[rule 41]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
To the Registrar, High Notice of application for leave to appeal and of other
Court, Hong Kong
applications
PART I
Cap 221A - CRIMINAL APPEAL RULES
21
Particulars of Appellant Full Names
Present Address
Court
where
tried Name of Court
and/or sentenced
Name of Judge
Particulars of Offences Offences
and Sentences appealed
against
Offences taken into consideration.
Age on conviction
Date of
(i) Conviction
(ii) Sentence
Sentences
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 Received in the Registrar's Office.
today.
(Signed) ......................... (officer)
Date .....................................
Date ...........................................
Notes: 1.
2.
3.
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.
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.
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)
FORM XII
[rule 42]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
HKSAR v.
NOTICE OF ORDER by the Hon. Mr. Justice ................................
1.
APPLICATIONS CONSIDERED:
Cap 221A - CRIMINAL APPEAL RULES
22
*(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)
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.
2.
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.
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)
*(b)
*(c)
EXTENSION of time.
Leave to appeal against CONVICTION.
Leave to appeal against SENTENCE.
Cap 221A - CRIMINAL APPEAL RULES
23
*(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)
FORM XIV
[rule 48]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Certificate to Surety
HKSAR v.
THIS IS TO CERTIFY that you
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
(Here fill in
surety's name
and address.)
.
(Signed)
Registrar, High Court
or
Magistrate.
Cap 221A - CRIMINAL APPEAL RULES
24
I acknowledge that the above certificate is correct.
(Signed)
(Surety).
(25 of 1998 s. 2; 39 of 1999 s. 3)
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
lawful custody under the said conviction and sentence:
is now in your
(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
(Signed)
Registrar, High Court.
(25 of 1998 s. 2; 39 of 1999 s. 3)
FORM XVI
[rule 48]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Recognizance of Bail of Appellant
Cap 221A - CRIMINAL APPEAL RULES
25
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
before me.
day of
19
, at the Prison at
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 himWhen 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)
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.
Cap 221A - CRIMINAL APPEAL RULES
26
Taken and acknowledged before me, the
19 .
day of
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)
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.
(Warrant issued by
WHEREAS
an Appellant in the Court of Appeal, has been released by the Court on bail, and the Court has Court of Appeal.)
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.
Cap 221A - CRIMINAL APPEAL RULES
27
(25 of 1998 s. 2; 39 of 1999 s. 3)
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
me the undersigned Magistrate
upon an application for a Warrant for the apprehension of *
and the deposition of the saidin support thereof on the
19
.
The said +
(..................)
To Wit.
(*Here state
day of Appellant's name
and address if
known.)
(+Here fill in the
name, address and
description
of
surety.)
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)
FORM XX
[rule 51]
CRIMINAL PROCEDURE ORDINANCE
Cap 221A - CRIMINAL APPEAL RULES
28
(Chapter 221)
Warrant on Information of Surety
(...................)
To Wit.
To all police officers of Hong Kong.
WHEREAS information hath been duly laid before me the undersigned by *
(*Here
fill
in
surety's name.)
for that +
having been released on bail by the Court of Appeal on recognizances conditioned to be (+Here fill in
present before the Court of Appeal at every hearing of his appeal and at the final determination Appellant's name.)
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:
of
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.
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
Cap 221A - CRIMINAL APPEAL RULES
29
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.
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)
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)
(b)
(c)
leave to appeal to the said Court;
leave to extend the time within which you may give Notice of Appeal or of
Application for leave to appeal;
permission to be present during the proceedings in your appeal,
Cap 221A - CRIMINAL APPEAL RULES
30
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)
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)
(b)
(c)
(d)
leave to appeal to the Court of Appeal;
leave to extend the time within which he may give Notice of Appeal
or of an Application for leave to appeal;
permission to be present during the proceedings in his Appeal;
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)
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
Cap 221A - CRIMINAL APPEAL RULES
31
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)
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)
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)
Cap 221A - CRIMINAL APPEAL RULES
32
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)
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
(*Specify place of
and that your deposition shall be taken for the use of the said Court.
examination.)
This is to give you notice to attend at *
(+Fill in examiner's
on the
day of
19 , before +
name.
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)
FORM XXIX
[rule 66(2)]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Caption for Deposition of Witness Examined before Examiner
Cap 221A - CRIMINAL APPEAL RULES
33
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)
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 *
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
(*The Court of
Appeal, a Judge or
Examiner as the
case may be.)
.
(Signed)
Cap 221A - CRIMINAL APPEAL RULES
34
Registrar, High Court.
(25 of 1998 s. 2; 39 of 1999 s. 3)
Cap 221A - CRIMINAL APPEAL RULES
35