These rules set procedure for references of questions of law to the Court of Appeal, including language use, notice to the respondent, anonymity, service, and limited withdrawal or amendment by the Secretary for Justice.
Criminal Procedure (Reference of Questions of Law) Rules(Cap. 221, section 9)[15 June 1979](Format changes—E.R. 4 of 2019) 1. Citation These rules may be cited as the Criminal Procedure (Reference of Questions of Law) Rules. 2. Interpretation In these rules—reference (轉交) means a reference of a question of law to the Court of Appeal in pursuance of section 81D of the Ordinance;respondent (答辯人) in relation to any reference means the acquitted person in whose case the question of law arose. 2A. Use of language in reference (1) The court may use either official language in any reference or a part of a reference before it as it considers appropriate for the expeditious disposal of the reference.(2) The decision of the court under paragraph (1) is final.(3) A party to a reference or a part of a reference 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 a reference or a part of a reference before the court may use either or both of the official languages.(5) Documents filed in a reference or served on a party to a reference may be in either official language.(6) A party, other than the Secretary for Justice, served with a document relating to a reference 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 a reference 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 a reference shall be kept in the official language or official languages as the court hearing the reference may direct.(10) The transcript of proceedings in a reference for appeal purposes shall be prepared in the official language that the appeal court directs.(L.N. 59 of 1996) 3. Form of reference (1) Every reference shall be in writing and shall—(a) specify the question of law referred and, where appropriate, such facts of the case as are necessary for the proper consideration of the question of law;(b) summarise the arguments intended to be put to the Court of Appeal; and(c) specify the authorities intended to be cited.(2) No mention shall be made in the reference of the name of any person or place which is likely to lead to the identification of the respondent.(3) A reference shall be entitled “Reference under section 81D of the Criminal Procedure Ordinance” together with the year and number of the reference. 4. Respondent to be given opportunity to appear (1) The Registrar shall, unless the respondent cannot be found or is outside Hong Kong, cause to be served on the respondent notice of the reference which shall also—(a) inform the respondent that the reference will not affect the trial in relation to which it is made or any acquittal in that trial;(b) invite the respondent, within such period as may be specified in the notice (being not less than 28 days from the date of service of the notice), to inform the Registrar if he wishes to present any argument to the Court of Appeal and, if so, whether he wishes to present such argument by counsel on his behalf or wishes to seek leave to appear in person.(2) The Court of Appeal shall not hear argument by or on behalf of the Secretary for Justice until the period specified in the notice has expired unless the respondent agrees or has indicated that he does not wish to present any argument to the court. (L.N. 362 of 1997) 5. Withdrawal or amendment of reference The Secretary for Justice may withdraw or amend the reference at any time before the Court of Appeal begins the hearing, or, after that, and until the court gives its opinion, may withdraw or amend the reference by leave of the court, and notice of such withdrawal or amendment shall, if the court or the Registrar so directs, be served on— (L.N. 362 of 1997)(a) the respondent;(b) an amicus curiae appointed under section 81D(2)(c) of the Ordinance. 6. Anonymity of respondent The court shall ensure that the identity of the respondent is not disclosed during the proceedings on a reference except where the respondent has given his consent to the use of his name in the proceedings. 7. Methods of service For the purpose of these rules service of a document on the respondent may be effected—(a) in the case of a document to be served on a body corporate by delivering it to the secretary of the body at its registered or principal office or sending it by registered post or the recorded delivery service addressed to the secretary of that body at that office;(b) in the case of a document to be served on any other person by—(i) delivering it to the person to whom it is directed; or(ii) leaving it for him with some person at his last known or usual place of residence or business; or(iii) sending it by registered post or the recorded delivery service addressed to him at his last known or usual place of residence or business.