These rules set the steps for appealing a confiscation order, including how to file a notice of appeal, how to abandon an appeal, and how the Registrar must notify the Secretary for Justice.
Prevention of Bribery (Appeal against Confiscation Order) Rules(Cap. 201, section 12AB(5)) [18 December 1987](Format changes—E.R. 6 of 2021) 1. Citation These rules may be cited as the Prevention of Bribery (Appeal against Confiscation Order) Rules. 2. Notice of appeal An appellant under section 12AB of the Ordinance shall give a notice of appeal—(a) in Form 1 in the Schedule; and(b) signed personally by him, unless the Court of Appeal or a judge otherwise directs. 3. Abandonment of appeal The appellant may, at any time before the hearing, abandon his appeal by giving notice of the abandonment in Form 2 in the Schedule, and upon the Registrar receiving the notice, the Court of Appeal shall be deemed to have dismissed the appeal. 4. Copies to be sent to Secretary for Justice The Registrar shall, on receiving a notice of appeal or of the abandonment of an appeal, send a copy of the notice to the Secretary for Justice.(L.N. 362 of 1997) 5. Application of Criminal Appeal Rules (1) In the absence of any specific provision in these rules, the Criminal Appeal Rules (Cap. 221 sub. leg. A) shall, subject to paragraph (2) and to such modifications as are necessary in the circumstances, apply to an appeal under section 12AB of the Ordinance.(2) Rules 30 and 31 of the Criminal Appeal Rules (Cap. 221 sub. leg. A) shall not apply in relation to an order under section 12AA or an appeal under section 12AB of the Ordinance.(E.R. 6 of 2021) Schedule [rules 2 & 3]Form 1 Prevention of Bribery Ordinance (Chapter 201) Notice of Appeal against Confiscation Order To the Registrar, High Court, Hong Kong. I, ,the holder of pecuniary resources/property in respect of which a confiscation order under section 12AA has been made, hereby give you Notice of Appeal under section 12AB against such order on the following grounds— Particulars of order Name of person convicted: Dates of trial: Date of order: Name of judge making order: Particulars of pecuniary resources/property held by appellant and included in order: Dated the day of 19 . (Signed) Appellant (25 of 1998 s. 2) __________ Form 2 Prevention of Bribery Ordinance (Chapter 201) Notice of Abandonment of Appeal against Confiscation Order To the Registrar, High Court, Hong Kong. I, ,the holder of pecuniary resources/property in respect of which a confiscation order under section 12AA has been made, having given you Notice of Appeal against such order, hereby give you notice that I abandon all further proceedings on the appeal. Particulars of order Date of order: Name of judge making order: Dated the day of 19 . (Signed) Appellant (L.N. 209 of 1995; 25 of 1998 s. 2)