### Criminal Appeal Rules 《刑事上訴規則》

10. Signature and certificate of shorthand writer
A shorthand writer shall—
(a) sign the shorthand note taken by him of any trial or proceedings unless, by reason of the nature of the record, it is not practicable so to do;
(b) certify any shorthand note taken by him to be to the best of his skill and ability an accurate and complete shorthand note of the trial or proceedings; and (L.N. 345 of 1984)
(c) in every case retain the shorthand note that he takes until he is directed by the Registrar to forward it to him.
(L.N. 345 of 1984)

11. Furnishing transcript for Court of Appeal
A shorthand writer, on being so directed by the Registrar, shall furnish to the Registrar, for the use of the Court of Appeal, a transcript of such part of the shorthand note taken by him of any trial or proceedings, as the Registrar may direct.

12. Fees for transcript
(1) The Registrar may, and on the direction of a judge shall, furnish to a party interested in a trial or other proceedings a transcript of the whole or of any part of the shorthand note of any such trial or other proceedings, on payment by such party interested of such fee per page as the Registrar may direct. (L.N. 132 of 1988)
(2) For the purposes of this rule, a party interested (有利害關係的一方) means the prosecutor, the person convicted, any other person named in, or immediately affected by, any order made by the trial judge and any other person authorized to act on behalf of any such person.
(3) The Registrar may, and on the direction of a judge shall, provide a translation of the transcript in the official language that a party interested may request and the party interested must pay the cost of translation, if any, which cost is a cost in the cause. (L.N. 53 of 1996)

13. Transcript in legal aid case
Where a solicitor or counsel has been assigned to an accused person under the Legal Aid in Criminal Cases Rules (Cap. 221 sub. leg. D) or where an accused person is not legally represented, the Registrar may, and on the direction of a judge shall, supply without charge any transcript furnished under rule 12.
(E.R. 5 of 2020)

14. Transcript to be certified
(a) A transcript shall be printed or typewritten.
(b) The transcript shall be certified by the person who makes it, or supervises its making, to be to the best of that person’s skill and ability an accurate and complete transcript of the appropriate shorthand note.
(L.N. 345 of 1984)

### Criminal Appeal Rules 《刑事上訴規則》

15. Record other than shorthand note
If, in accordance with the provisions of section 79 of the Ordinance, a record, other than a shorthand note, has been taken of the proceedings or of any part thereof, the Registrar may order that copies of a transcript of such record, certified in such manner as he may direct, or in default of such direction certified as nearly as is practicable in the same manner as a transcript of a shorthand note, shall be furnished—
(a) for the use of the Court of Appeal; and
(b) to a party interested in such matter,
on payment by such party of such fee per page as the Registrar may direct.
(L.N. 132 of 1988)

16. Judge’s certificate under section 82(2)
The trial judge may, if he considers it desirable so to do, inform the person convicted before, or sentenced by, him that the case is in his opinion one fit for an appeal to the Court of Appeal under section 82(2) of the Ordinance; and may give to such person a certificate to that effect in Form I.

17. Retention of fine pending appeal
Where a person has been sentenced to payment of a fine, and in default of payment thereof to imprisonment, the person lawfully authorized to receive such fine shall retain it until the determination of any appeal in relation thereto.

18. Person in custody in default of payment of fine
A person who remains in custody in default of payment of the fine shall be deemed, for the purposes of the Ordinance and these rules, to be a person sentenced to imprisonment.

19. Where person fined intimates appeal
(1) Where a person, who has been sentenced to the payment of a fine, and in default of such payment to imprisonment, intimates to the trial judge that he wishes to appeal to the Court of Appeal—
(a) against his conviction, upon grounds of law alone;
(b) against his conviction, with a certificate of the trial judge granted under section 82(2) of the Ordinance; or
(c) against his sentence, with leave of the Court of Appeal granted under section 83G or 83H of the Ordinance,
the judge may order such person forthwith to enter into recognizances, in such amount and with or without sureties in such amount as the judge shall determine, to prosecute his appeal.
(2) The trial judge may order that payment of the said fine shall be made at the final determination of the appeal, if the same be dismissed, to the Registrar, or as the Court of Appeal may then order. The recognizance under this rule shall be in Forms II and III. A surety becoming duly bound by recognizance under this rule shall be deemed to be for all purposes, and shall have all the powers of, a surety.

### Criminal Appeal Rules 《刑事上訴規則》

20. Fine to be repaid
An appellant who has been sentenced to the payment of a fine and has paid the same or any part thereof shall, if his appeal is successful, be entitled, subject to any order of the Court of Appeal, to the return of the sum paid by him.

21. Breach of recognizance
(1) An appellant to whom rule 19 applies shall serve, in accordance with these rules—
(a) a notice of appeal against his conviction, upon grounds of law alone or with the certificate of the trial judge upon any grounds mentioned in section 82(2) of the Ordinance; or
(b) a notice of application for leave to appeal against his sentence under section 83G or 83H of the Ordinance,
within 10 days from the date of his conviction or sentence, as the case may be.
(2) If an appellant fails to comply with paragraph (1), the Registrar shall report such omission to a judge; and the Court of Appeal may, after notice in Forms IV and V has been given to the appellant and his sureties, if any—
(a) order the forfeiture of the recognizances of the appellant and his sureties in the manner provided by rule 55;
(b) issue a warrant for the apprehension of the appellant;
(c) commit him to prison in default of payment of his fine; and
(d) make such other order as it thinks right.

22. Custody of exhibits
Save as the trial judge shall otherwise direct, all exhibit in a case shall remain in the custody of the Registrar, or of such other person as the Registrar directs, pending an appeal or the final determination of an appeal.

23. Suspension of orders made by trial judge
(1) Where, on the conviction of a person, the trial judge makes an order under section 72, 73 or 84 of the Ordinance, the operation of any such order shall be suspended until the expiration of 10 days after the day on which it was made, or such longer period as may be permitted for giving notice of appeal under section 83Q(6) of the Ordinance.
(2)  When notice of appeal or notice of application for leave to appeal or notice of application for extension of time within which to appeal is given, the operation of any such order shall be further suspended until the determination of the appeal:
Provided that the trial judge may direct that the operation of any order made under section 73 of the Ordinance shall not be suspended unless the person on whom such order has been made shall give to the satisfaction of the Registrar security for the payment to the person in whose favour the order was made of the amount therein named.