### Criminal Appeal Rules 《刑事上訴規則》

24. Annulment or variation of orders
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.

25. Person affected may be heard on appeal
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.

26. Record of orders
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.

27. Non-suspension of orders for restitution, etc.
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.

28. Property of convicted person pending appeal
(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.

29. Suspension of disqualifications
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.

30. Suspension of order for destruction or forfeiture of property
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.

### Criminal Appeal Rules 《刑事上訴規則》

31. Suspension of proceedings or claims consequent on conviction
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.

32. Period suspension of orders
(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.

33. Judge’s note
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.

34. Forms of appeal notices
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.

35. Time for appealing against conviction
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.

36. Time for appealing against sentence
The time within which a convicted person shall give notice of appeal, or notice of application for leave to appeal, against his sentence shall commence to run from the day on which the sentence was passed upon him by the trial judge.

37. Registrar to prepare particulars, etc., of trial
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.

38. Notice of application for leave to appeal
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.

### Criminal Appeal Rules 《刑事上訴規則》

39. Abandonment of appeal
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.

40. Powers exercised by 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.

41. Forms of application
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.

42. Procedure where judge refuses applications under rule 41
(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.

43. Copies of notices to be sent to Secretary for Justice
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)

44. 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.

45. Appellant’s recognizances
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)