### Criminal Appeal Rules 《刑事上訴規則》

62. Final determination of appeals
(1) On the final determination of any appeal the Registrar shall give to the appellant, if he is in custody and has not been present at such final determination, and to the Commissioner of Correctional Services notice of such determination in Form XXII, XXIII, XXIV or XXV, as may be appropriate.
(2) In an appeal against a conviction involving sentence of death, the Registrar shall, on receiving the notice of appeal or of application for leave to appeal, send a copy thereof to the Chief Secretary for Administration. On the final determination of any such appeal by the Court of Appeal, the Registrar shall forthwith notify the appellant, the Chief Secretary for Administration and the Commissioner of Correctional Services. (L.N. 362 of 1997)

63. Transcript
(1) When notice of appeal, or notice of application for leave to appeal, has been given, the Registrar shall, subject to the direction of a judge, furnish a transcript of the whole or such part as he thinks necessary of the shorthand note of the trial or other proceedings in relation to which such notice was given, and copies of any documents or exhibits in his possession for the purpose of such appeal, to—
(a) the Secretary for Justice, without charge; and (L.N. 362 of 1997)
(b) an appellant or his solicitor, on payment of a fee of $17 per page or such other fee as the Registrar may determine for such transcript and copies. (L.N. 132 of 1988; L.N. 395 of 1994)
(2) Where a solicitor or counsel has been assigned to an appellant under the Legal Aid in Criminal Cases Rules (Cap. 221 sub. leg. D), or where an appellant is not legally represented, the Registrar may, and on the direction of a judge shall, supply such transcript and copies without charge. (E.R. 5 of 2020)
(3) In any other case, the Registrar may, and on the direction of a judge shall, waive the fees which would be payable or any portion thereof.
(4) The Registrar may, and on the direction of a judge shall, provide a translation of the transcript and copies of any documents or exhibits 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)

### Criminal Appeal Rules 《刑事上訴規則》

64. Attendance of witness before Court of Appeal
(1) Where the Court of Appeal has ordered a witness to attend and be examined before it under section 83V(1)(b) and (4) of the Ordinance, an order in Form XXVI shall be served upon such witness, specifying the time and place at which to attend for such purpose.
(2) Such order may be made on the application of the HKSAR or of the appellant. If the appellant is in custody and not legally represented the application shall be made by him in Form XXVII. (39 of 1999 s. 3)

65. Order appointing examiner
(1) Where the Court of Appeal orders the examination of a witness to be conducted otherwise than before the court itself, such order shall specify the person appointed as examiner to take, and the place of taking, such examination and the witness or witnesses to be examined thereat.
(2) The Registrar shall furnish to the person appointed to take such examination any documents or exhibits and any other material relating to the said appeal, as and when requested so to do. Such documents and exhibits and other material shall, after the examination has been concluded, be returned by the examiner together with any depositions taken by him under this rule to the Registrar.
(3) When the examiner has appointed the day and time for the examination, he shall request the Registrar to notify the Secretary for Justice and the appellant or his legal representative and, when the appellant is in prison, the Commissioner of Correctional Services, thereof. The Registrar shall cause to be served on every witness to be so examined a notice in Form XXVIII. (L.N. 362 of 1997)

66. Evidence to be given on oath
(1) A witness examined before an examiner under these rules shall give his evidence upon oath, to be administered by such examiner, except where the witness, if he were giving evidence as a witness on a trial on indictment, would not need to be sworn.
(2) The examination of such a witness shall be taken in the form of a deposition, in the same manner as is prescribed by section 81 of the Magistrates Ordinance (Cap. 227) and, unless otherwise ordered by the court, shall be taken in private. The caption in Form XXIX shall be attached to any such deposition.
(3) Any order or notice, required by rule 64, 65 or this rule to be given to a witness, may be served in the same manner as an order may be served under rule 59(3); and any such notice shall be deemed to be an order of the Court of Appeal to such witness to attend at the time and place specified therein. (L.N. 307 of 1998; E.R. 5 of 2020)

### Criminal Appeal Rules 《刑事上訴規則》

67. Presence of parties at examination
(1) The appellant, and any counsel or solicitor concerned in the appeal, shall be entitled to be present at, and take part in any examination of, a witness to which rules 64 to 66 and this rule relate. 
(2) If the appellant is in custody, a judge may, by warrant under the hand of the Registrar, give directions to the Commissioner of Correctional Services for securing the attendance of the appellant at any examination.

68. Register of appeals
The Registrar shall keep a register, in such form as he may determine, of all cases in which he shall receive a notice of appeal or notice of application for leave to appeal under the Ordinance, which register shall be open for public inspection in such place and at such hours as the Registrar may decide.

69. List of cases for sittings of court
The Registrar shall cause a list of those appeals which the Court of Appeal may hear, to be published at such times, in such places and in such a manner as he may think fit.

70. Notices to appellants in custody
Where an appellant is in custody and is entitled or has obtained leave to be present at the hearing and determination of his application or appeal, the Registrar shall notify the appellant and the Commissioner of Correctional Services of the probable day on which the appeal or application will be heard.

71. Application not specially provided for, how made
(1) Except where otherwise provided in these rules, an application to the Court of Appeal may be made by the HKSAR, or by the appellant, or by counsel on his behalf, orally or in writing. (39 of 1999 s. 3)
(2) If the appellant is unrepresented and is in custody and is not entitled or has not obtained leave, to be present before the court, he shall make any such application by forwarding the same in writing to the Registrar, who shall take the proper steps to obtain the decision of the court thereon.

72. Audience of solicitors
In any proceedings before a single judge under rule 40 and in any preliminary and interlocutory proceedings and applications, except such as are heard before the Court of Appeal, a party thereto may be represented and appear by a solicitor alone.

73. Notice by Registrar to appellant
When the Court of Appeal has heard and dealt with an interlocutory application, the Registrar shall (unless it appears to him unnecessary so to do) give to the appellant (if he is in custody and has not been present at the hearing of such application) notice of the decision of the Court of Appeal thereon.