### Criminal Appeal Rules 《刑事上訴規則》

46. Notice of terms of bail
The Registrar shall notify, to the appellant and to the Commissioner of Correctional Services, the terms and conditions on which the court will admit the appellant to bail.

47. Police to assist Registrar
(1) The Registrar may require the assistance of the police for the purpose of making inquiry as to the sufficiency or otherwise of any person offering himself as a surety on behalf of an appellant who has been granted bail.
(2) It shall be the duty of the police to give such assistance to, and as and when required by, the Registrar under this rule.
(47 of 1997 s. 10)

48. Appellant’s and surety’s recognizances
(1) (Repealed 47 of 1997 s. 10)(2) The Commissioner of Correctional Services shall, after the appellant’s recognizance has been duly taken under these rules, forward the same to the Registrar.
(3) The Registrar shall, after recognizance of a surety is taken, give to him a certificate in Form XIV which such surety shall sign and retain. (47 of 1997 s. 10)
(4) The Registrar shall, on being satisfied that the recognizances of the appellant and his sureties (if any) are in due form and in compliance with the order of the court admitting the appellant to bail, give notice to the Commissioner of Correctional Services in Form XV. This notice, when received by the Commissioner, shall be a sufficient authority to him to release the appellant from custody.
(5) The recognizances provided for in these rules shall be in Forms XVI and XVII.

49. Presence of appellant on bail at hearing of his appeal
(1) An appellant who has been admitted to bail shall, by the order of the Court of Appeal or a judge under which he was so admitted to bail, be ordered to be, and shall be, personally present at the hearing of his appeal and at the final determination thereof.
(2) The Court of Appeal may, if the appellant is not present at any hearing of his appeal—
(a) decline to consider the appeal;
(b) summarily dismiss it;
(c) issue a warrant for the apprehension of the appellant in Form XVIII;
(d) adjourn the appeal; or
(e) consider the appeal in his absence,
and may make such other order as it thinks fit.

50. Varying order for bail
When an appellant is present before the Court of Appeal, the court may—
(a) make an order admitting the appellant to bail;
(b) revoke or vary any such order previously made;
(c) enlarge from time to time the recognizances of the appellant or of his sureties; or
(d) substitute any other surety for a surety previously bound, as it thinks fit.

### Criminal Appeal Rules 《刑事上訴規則》

51. Sureties discharging their obligations
(1) Where a surety for an appellant, upon whose recognizances such appellant has been released on bail, suspects that the appellant is about to leave Hong Kong or to fail to observe the conditions of his recognizances, the surety may lay an information before a magistrate in Form XIX; and such magistrate shall thereupon issue a warrant in Form XX for the apprehension of the appellant.
(2) The appellant shall, on being apprehended under the said warrant, be brought before a magistrate, who shall, on verification of the said information by oath of the informant, by warrant of commitment in Form XXI commit him to prison.
(3) The magistrate, on the commitment of the appellant, shall forthwith notify the Registrar thereof and forward to him the said information and the deposition in verification thereof taken before him, with a copy of the said warrant of commitment.

52. Power to revoke order for bail
At any time after an appellant has been released on bail, a judge may revoke the order admitting him to bail, issue a warrant in Form XVIII for his apprehension and order him to be committed to prison.

53. Commissioner of Correctional Services to notify Registrar of commitment
When an appellant has been released on bail, has been apprehended under a warrant under these rules or by his sureties and is in prison, the Commissioner of Correctional Services shall forthwith notify the Registrar, who shall take steps to inform a judge thereof. The judge may give to the Registrar such directions as to the appeal or otherwise as he thinks fit.

54. Sureties’ rights at common law preserved
Nothing in these rules shall affect the lawful right of a surety to apprehend and surrender into custody the person for whose appearance he has become bound, and thereby to discharge himself of his suretyship.

55. Forfeiture of recognizances
The Court of Appeal may, on any breach of the recognizances of the appellant, order such recognizances, and those of his sureties, to be forfeited.

57. Prison officers to attend sittings of Court of Appeal
The Commissioner of Correctional Services shall, on notice from the Registrar, cause such number of prison officers to attend a sitting of the Court of Appeal as, having regard to the list of appeals thereat, he shall consider necessary.

58. Appellant to surrender on appeal
(1) An appellant who is not in custody shall, whenever his case is called on before the Court of Appeal, surrender himself to such persons as the court shall from time to time direct.
(2) Such an appellant shall be searched by them and shall be deemed to be in their lawful custody until further released on bail, or otherwise dealt with as the court shall direct.

### Criminal Appeal Rules 《刑事上訴規則》

59. Registrar to keep documents, exhibits, etc., for purposes of appeal
(1) The Registrar shall keep available for use by the Court of Appeal any documents, exhibits or other things relating to the proceedings before the trial court.
(2) Pending the determination of the appeal, such documents, exhibits or other things shall be open, as the Registrar may arrange, for inspection by any party interested.
(3) The Court of Appeal, or a judge, may at any stage of an appeal, on application by any party to an appeal, order any document, exhibit or other thing connected with the proceedings to be produced to the Registrar or before the court by any person having the custody or control thereof.
(4) Service of any order made under this rule shall be personal service, unless the court or a judge aforesaid otherwise orders. For the purpose of effecting due service thereof, the Registrar may require the assistance of the police and may forward the order together with instructions to the Commissioner of Police, who shall comply therewith.

60. Exhibits to be returned to persons
(1) Exhibits, other than such documents as are usually kept by the Registrar, shall, after the determination of an appeal, subject to any order which the Court of Appeal may make, be returned to the person who originally produced the same.
(2) Any exhibit as to which an order for restitution has been made by the trial judge, shall not be so returned except under the direction of the Court of Appeal.

61. Reserved decisions or reasons
(1) The Court of Appeal may, if at the close of the argument on any appeal, it does not on that day deliver its decision and its reasons therefor—
(a) announce its decision and state that the reasons therefor will be given at a later date; or
(b) announce that it is reserving its decision and reasons therefor to a later date.
(2) Where the reasons for a decision are given at a later date and those reasons have been recorded in writing, the Court of Appeal may, instead of reading the reasons, supply copies of such reasons in accordance with paragraph (3) hereof.
(3) Where the reasons for a decision are given at a later date and, being recorded in writing, are not read in full, the Court of Appeal shall—
(a) deliver a copy thereof to each of the parties;
(b) lodge a copy thereof in the High Court Library; and (25 of 1998 s. 2)
(c) make a copy thereof available for public inspection in the Registry.
(4) Where the Court of Appeal delivers its decision, or its decision and reasons, at a later date it shall be sufficient if at least one of the judges who heard the appeal is present.