### Criminal Procedure (Reference of Questions of Law) Rules 《刑事訴訟程序(法律問題的轉交)規則》

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.

### Criminal Procedure (Reference of Questions of Law) Rules 《刑事訴訟程序(法律問題的轉交)規則》

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.

### Criminal Procedure (Appeal against Discharge) Rules 《刑事訴訟程序(針對釋放提出上訴)規則》

1. Citation
These rules may be cited as the Criminal Procedure (Appeal against Discharge) Rules.

2. Interpretation
In these rules—
appeal (上訴) means an appeal by the Secretary for Justice to the Court of Appeal against a person’s discharge in pursuance of section 81E; (L.N. 362 of 1997)
respondent (答辯人) in relation to any appeal means the person against whose discharge the appeal is made.

2A. Use of language in appeal
(1) The court may use either official language 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 proceedings for appeal purposes shall be prepared in the official language that the appeal court directs.
(L.N. 55 of 1996)

### Criminal Procedure (Appeal against Discharge) Rules 《刑事訴訟程序(針對釋放提出上訴)規則》

3. Form of notice of appeal
(1) A notice of appeal shall be in the form prescribed in the Schedule, or as near thereto as circumstances permit, and shall—
(a) set out the grounds thereof;
(b) where the appeal is on any ground which involves a question of law specify the question of law referred to and, where appropriate, such facts of the case as are necessary for the proper consideration of the question of law;
(c) summarize the arguments intended to be put to the Court of Appeal; and
(d) specify the authorities intended to be cited.
(2) Notice of appeal shall be given within 21 days of the discharge.

4. Respondent to be given opportunity to appear
(1) The Secretary for Justice shall, unless the respondent cannot be found or is outside Hong Kong, cause to be served on the respondent notice of the appeal, which shall also 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 desires to present such argument by counsel on his behalf or desires 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 notice of appeal
The Secretary for Justice may withdraw or amend the notice of appeal 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 notice of appeal by leave of the court, and any notice of such withdrawal or amendment shall, if the court or Registrar so directs, be served on— (L.N. 362 of 1997)
(a) the respondent; and
(b) an amicus curiae appointed under section 81D(2)(c) as read with section 81E(5).