Cap. 221 sub. leg. G

Criminal Procedure (Applications under Section 16) Rules(Cap. 221, section 9)[23 December 1983](Format changes—E.R. 6 of 2019) 1. Citation These rules may be cited as the Criminal Procedure (Applications under Section 16) Rules. 2. Interpretation In these rules—applicant (申請人) means the person making application;application (申請) means an application for discharge under section 16. 2A. Use of language in application (1) The court may use either official language in an application or a part of an application before it as it considers appropriate for the just and expeditious disposal of the application.(2) The decision of the court under paragraph (1) is final.(3) An applicant in an application or a part of an application before the court may—(a) use either or both of the official languages; and(b) address the court in any language.(4) A legal representative in an application or a part of an application before the court may use either or both of the official languages.(5) Documents filed in an application or served on an applicant or the Secretary for Justice may be in either official language. (L.N. 362 of 1997)(6) A party, other than the Secretary for Justice, served with a document relating to an application 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 application 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 application shall be kept in the official language or official languages as the court hearing the reference may direct.(10) The transcript of proceedings in an application for appeal purposes shall be prepared in the official language that the appeal court directs.(L.N. 57 of 1996) 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 in accordance with rule 5, first obtain from the Registrar such a determination. 4. Form of application The notice of application shall be in the form prescribed in the Schedule or as near thereto as circumstances permit, and shall—(a) be signed by the applicant;(b) set out the grounds of the application particularizing in full why it is alleged no prima facie case is disclosed;(c) give an address at which notices relating to the application may be served on the applicant. 5. Service on Secretary for Justice Subject to any direction which the Registrar may give to the contrary, the notice of application shall be given not less than 14 days before the date of hearing thereof to the Secretary for Justice.(L.N. 362 of 1997) 6. Abandonment of application An applicant may, at any time before the hearing thereof, abandon his application by giving notice of abandonment thereof to the Registrar, to the Secretary for Justice and, 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.(L.N. 362 of 1997) 7. Reserved decision or reasons The judge hearing an application may, if at the close of the argument he does not on that day deliver his decision and the reasons therefor—(a) announce his decision and state that the reasons therefor will be given at a later date; or(b) announce that he is reserving his decision and reasons therefor to a later date. 8. Final determination of applications On the final determination of any application the Registrar shall give to the applicant, 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. 9. Register of applications The Registrar shall keep a register, in such form as he may determine, of all cases in which he shall receive a notice of application, which register shall be open for public inspection in such place and at such hours as the Registrar may decide. 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 and determination 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 prosecution of his application if a judge considers that such non-compliance was not wilful, and that the same may 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 thereupon 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, at any time before the determination of his application, be brought before a judge by warrant under the hand of the Registrar. 14. Form of notices and warrants Any notice to be given by the Registrar under these rules or warrant under his hand which he may execute thereunder shall be in the form of the analogous notice or warrant prescribed under the Criminal Appeal Rules (Cap. 221 sub. leg. A) with such modifications as the circumstances of the case may require.(E.R. 6 of 2019) 15. Matters unprovided for in these rules In the event of any circumstances arising on an application which are unprovided for in these rules the Registrar and judge shall be guided by the Criminal Appeal Rules (Cap. 221 sub. leg. A).(E.R. 6 of 2019) 16. Written and broadcast reports (1) Unless a judge, on the application of the applicant, otherwise directs, no person shall publish in Hong Kong a written report, or broadcast in Hong Kong a report, of any proceedings on an application containing any matter other than that permitted by paragraph (3).(2) Notwithstanding paragraph (1), a report of proceedings on an application containing matter other than permitted by paragraph (3) may be published or broadcast where the judge directs that the accused shall not be arraigned on the charge and directs that he be discharged, and the period within which an appeal against such discharge may be made has expired and no appeal has been made or appeal has been made and it has been abandoned or dismissed.(3) A report of proceedings on application may contain—(a) the name of the judge;(b) the offence, or a summary thereof, on which the applicant was committed;(c) the grounds of the application, or a summary thereof;(d) the names of counsel and solicitors engaged in the proceedings;(e) any determination of the judge upon the application;(f) where the proceedings on the application are adjourned, the date and place to which they are adjourned;(g) whether legal aid was granted to the applicant. 17. Applicant may act through legal representative etc. (1) Anything which, 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.(2) Where by these rules any notice or other document is required to be signed by the applicant, and the applicant is a body corporate, it shall be sufficient compliance therewith if such notice or other document is signed by the secretary, clerk or manager of the body corporate. Schedule [rule 4]Criminal Procedure Ordinance (Chapter 221) Notice of application to a judge for dischargeunder section 16 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 appellant 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; E.R. 6 of 2019)