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

6. Restrictions on reports of appeals
(1) Unless the Court of Appeal, on the application of the respondent, otherwise directs, no person shall publish in Hong Kong a written report, or broadcast in Hong Kong a report, of any proceedings on an appeal containing any matter other than that permitted by paragraph (3).
(2) Notwithstanding paragraph (1), a report of proceedings on an appeal containing matter other than that permitted by paragraph (3) may be published where the Court of Appeal either disallows the appeal or allows the appeal but does not quash the acquittal of the respondent and order him to be tried.
(3) A report of proceedings on appeal may contain—
(a) the identity of the court and the names of the judges thereof;
(b) such details concerning the proceedings on the application under section 16 to which the appeal relates as may lawfully be published or broadcast in accordance with the Criminal Procedure (Applications under Section 16) Rules (Cap. 221 sub. leg. G); (E.R. 6 of 2019)
(c) the grounds of the appeal or a summary thereof;
(d) the names of counsel and solicitors engaged in the proceedings;
(e) any decision of the Court of Appeal on the disposal of the appeal and, in the event of the Court of Appeal determining that the respondent is to be tried, the charge upon which he is to be tried;
(f) where the proceedings on appeal are adjourned, the date to which they are adjourned;
(g) whether legal aid was granted to the respondent.

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 Appeal Rules 《刑事上訴規則》

1. Citation
These rules may be cited as the Criminal Appeal Rules.

1A. Interpretation
In these rules, unless the context otherwise requires—
shorthand note (速記紀錄) means any contemporaneous record of proceedings in court, whether made by hand or by the use of any mechanically or electronically operated device, and whether or not comprising legible symbols, being a record from which an accurate legible transcript of the proceedings is, or may be, made;
shorthand writer (速記員) means any person who makes by hand, or operates a device that produces, a shorthand note.
(L.N. 345 of 1984)

2. Scheduled forms to be used
The forms set out in the Schedule, or forms as near thereto as circumstances permit, shall be used where applicable.

2A. Use of language in appeal
(1) The court may use either or both of the official languages 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 the appeal shall be prepared in the official language that the appeal court directs.
(L.N. 53 of 1996)

### Criminal Appeal Rules 《刑事上訴規則》

3. Notices to be signed
A notice of appeal, notice of application for leave to appeal or notice of application for extension of time within which such notice shall be given, shall be signed by the appellant himself, save as is permitted by rules 8 and 9 or as the Court of Appeal or a judge otherwise directs.

4. Notices to be in writing
Subject to rules 7 and 8, any other notice required, or authorized, to be given for the purposes of the Ordinance or these rules shall be in writing and signed by the person giving the same or by his solicitor.

5. Address for notices
Any notice required, or authorized, to be given for the purposes of the Ordinance or these rules to the Court of Appeal shall be addressed to “The Registrar, High Court, Hong Kong”.
(25 of 1998 s. 2)

6. Sending of notices
Any notice or other document which is required, or authorized, by the Ordinance or these rules to be given or sent shall be deemed to be duly given or sent if forwarded by registered post addressed to the person to whom such notice or other document is so required or authorized to be given or sent.

7. Appellant unable to write
When an appellant, or any other person authorized or required to give or send any notice of appeal or notice of any application for the purposes of the Ordinance or of these rules, is unable to write he may affix his mark thereto in the presence of a witness, who shall attest the same. Thereupon such notice shall be deemed to be duly signed by the appellant.

8. Insanity of appellant
Where, on the trial of a person who is entitled, or may be authorized, to appeal under the Ordinance, it has been contended that he was not responsible according to law for his actions on the ground that he was insane at the time the act was done or the omission made by him, any notice required by these rules to be given and signed by the appellant himself may be given and signed by his solicitor or other person authorized to act on his behalf.

9. Notices, etc., on behalf of corporations
In the case of a body corporate, where by the Ordinance or these rules any notice or other document is required to be signed by the appellant himself, it shall be sufficient compliance therewith if such notice or other document is signed by the secretary, clerk, manager or solicitor of the body corporate.