### Criminal Appeal Rules 《刑事上訴規則》

74. Non-compliance with rules not wilful may be waived by court
(1) Non-compliance by an appellant with these rules, or with any rule of practice for the time being in force, shall not prevent the further prosecution of his appeal if the Court of Appeal, or a single judge acting under rule 40, considers that such non-compliance was not wilful, and that the same may be waived or remedied by amendment or otherwise.
(2) The Court of Appeal, or a judge acting under rule 40, may, in such manner as it or he thinks fit, direct the appellant to remedy such non-compliance; and thereupon the appeal shall proceed.
(3) The Registrar shall forthwith notify to the appellant any directions given by the court or a judge under this rule, if the appellant was not present at the time when such directions were given.

75. Enforcing duties under rules
The performance of any duty imposed upon any person under the Ordinance or these rules may be enforced by order of the Court of Appeal.

76. Warrant to secure attendance of appellant
An appellant who is in custody may, at any time before the determination of his appeal, be brought before the Court of Appeal, or a judge or examiner, by warrant under the hand of the Registrar in Form XXX.

### Criminal Procedure (Applications under Section 16) Rules 《刑事訴訟程序(根據本條例第16條提出的申請)規則》

1. Citation
These rules may be cited as the Criminal Procedure (Applications under Section 16) Rules.

2. Interpretation
In these rules—
applicant (申請人) means the person making application;
application (申請) means an application for discharge under section 16.

2A. Use of language in application
(1) The court may use either official language in an application or a part of an application before it as it considers appropriate for the just and expeditious disposal of the application.
(2) The decision of the court under paragraph (1) is final.
(3) An applicant in an application or a part of an application before the court may—
(a) use either or both of the official languages; and
(b) address the court in any language.
(4) A legal representative in an application or a part of an application before the court may use either or both of the official languages.
(5) Documents filed in an application or served on an applicant or the Secretary for Justice may be in either official language. (L.N. 362 of 1997)
(6) A party, other than the Secretary for Justice, served with a document relating to an application 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 application 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 application shall be kept in the official language or official languages as the court hearing the reference may direct.
(10) The transcript of proceedings in an application for appeal purposes shall be prepared in the official language that the appeal court directs.
(L.N. 57 of 1996)

3. Date of hearing of application
The date of hearing of an application shall be determined by the Registrar in consultation with the applicant and the applicant shall, before giving notice of his application in accordance with rule 5, first obtain from the Registrar such a determination.

4. Form of application
The notice of application shall be in the form prescribed in the Schedule or as near thereto as circumstances permit, and shall—
(a) be signed by the applicant;
(b) set out the grounds of the application particularizing in full why it is alleged no prima facie case is disclosed;
(c) give an address at which notices relating to the application may be served on the applicant.

### Criminal Procedure (Applications under Section 16) Rules 《刑事訴訟程序(根據本條例第16條提出的申請)規則》

5. Service on Secretary for Justice
Subject to any direction which the Registrar may give to the contrary, the notice of application shall be given not less than 14 days before the date of hearing thereof to the Secretary for Justice.
(L.N. 362 of 1997)

6. Abandonment of application
An applicant may, at any time before the hearing thereof, abandon his application by giving notice of abandonment thereof to the Registrar, to the Secretary for Justice and, if he is in custody the Commissioner of Correctional Services; and upon such notice being received by the Registrar, the application shall be deemed to have been dismissed.
(L.N. 362 of 1997)

7. Reserved decision or reasons
The judge hearing an application may, if at the close of the argument he does not on that day deliver his decision and the reasons therefor—
(a) announce his decision and state that the reasons therefor will be given at a later date; or
(b) announce that he is reserving his decision and reasons therefor to a later date.

8. Final determination of applications
On the final determination of any application the Registrar shall give to the applicant, 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.

9. Register of applications
The Registrar shall keep a register, in such form as he may determine, of all cases in which he shall receive a notice of application, which register shall be open for public inspection in such place and at such hours as the Registrar may decide.

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

11. Audience of solicitors
In any preliminary and interlocutory proceedings on an application, the applicant may be represented and appear by a solicitor alone.

12. Non-compliance with rules not wilful may be waived by court
(1) Non-compliance by an applicant with these rules, or with any other rule of practice for the time being in force, shall not prevent the further prosecution of his application if a judge considers that such non-compliance was not wilful, and that the same may be waived or remedied by amendment or otherwise.
(2) The judge may, in such manner as he thinks fit, direct the applicant to remedy such non-compliance; and thereupon the application shall proceed.
(3) The Registrar shall forthwith notify the applicant of any directions given by a judge under this rule, if the applicant or his legal representative was not present when such directions were given.