### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

31. Criminal Appeals
An appeal shall, at the discretion of the Court, lie to the Court in any criminal cause or matter, at the instance of any party to the proceedings, from—
(a) any final decision of the Court of Appeal;
(b) any final decision of the Court of First Instance (not being a verdict or finding of a jury) from which no appeal lies to the Court of Appeal. (Amended 120 of 1997 s. 11)

32. Leave to appeal
(1) No appeal shall be admitted unless leave to appeal has been granted by the Court.
(2) Leave to appeal shall not be granted unless it is certified by the Court of Appeal or the Court of First Instance, as the case may be, that a point of law of great and general importance is involved in the decision or it is shown that substantial and grave injustice has been done. (Amended 120 of 1997 s. 12)
(3) Where the Court of Appeal or the Court of First Instance declines to certify as mentioned in subsection (2), the Court may so certify and grant leave to appeal. (Amended 120 of 1997 s. 12)
(4) The Court may when granting leave under subsection (1) impose a timetable on any party for the prosecution of the appeal and may either on the application of a party or of its own motion vary that timetable.

33. Application for leave to appeal
(1) An application to the Court for leave to appeal shall be made within 28 days from the date of the decision of the Court of Appeal or the Court of First Instance, as the case may be. (Amended 120 of 1997 s. 13)
(2) The Court may, upon application made at any time by any party to the appeal, extend the time within which an application may be made to the Court under subsection (1).
(3) An appeal to the Court shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of.

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

34. Bail
(1) The Court, the Court of Appeal or the Court of First Instance, as the case may be, may on the application of a person appealing or applying for leave to appeal or on the application of a person in custody pending the determination of the appeal, grant the person in custody bail pending the determination of the appeal.
(2) A grant of bail under subsection (1) may be made subject to such conditions as the Court, the Court of Appeal or the Court of First Instance, as the case may be, considers necessary.
(3) If a person is refused bail on an application made under subsection (1), he shall not thereafter be entitled to make a fresh application for bail—
(a) before the commencement of the hearing of the appeal, except to the Court, the Court of Appeal or the Court of First Instance and only if he satisfies the Court, the Court of Appeal or the Court of First Instance that since the refusal, there has been a material change in relevant circumstances; or 
(b) during the hearing of the appeal, except to the Court.
(Amended 120 of 1997 s. 14)

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

35. Detention on appeal by prosecutor
(1) The following provisions apply where, immediately after a decision of the Court of Appeal or the Court of First Instance, as the case may be, from which an appeal lies to the Court, the prosecutor is granted or gives notice that he intends to apply for, leave to appeal.
(2) If, but for the decision of the Court of Appeal or the Court of First Instance, as the case may be, the defendant would be liable to be detained, the Court of Appeal or the Court of First Instance, as the case may be, may, on the application of the prosecutor made within 7 days of that decision, make an order providing for his detention, or directing that he shall not be released except on bail (which may be granted as under section 34), as long as an appeal to the Court is pending.
(3) An order under this section shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the Court of Appeal or the Court of First Instance, as the case may be.
(4) Where an order is made under this section in the case of a defendant who, but for the decision of the Court of Appeal or the Court of First Instance, as the case may be, would be liable to be detained in pursuance of—
(a) an order under Part IV of the Mental Health Ordinance (Cap. 136); or
(b) an order under section 76(1) of the Criminal Procedure Ordinance (Cap. 221),
the order under this section shall be one authorizing his continued detention in pursuance of the order referred to in paragraph (a) or (b); and the provisions of the Mental Health Ordinance (Cap. 136) with respect to persons liable to be detained as mentioned in this subsection shall apply accordingly.
(Amended 120 of 1997 s. 15)

36. Presence of defendant
The defendant shall be entitled to be present at the hearing of an application for leave to appeal and an appeal unless the Court, where it considers it necessary in the interests of justice or public order or security to do so, orders otherwise.

### Hong Kong Court of Final Appeal Ordinance 《香港終審法院條例》

37. Effect of appeal on sentence
(1) Where a person subject to a sentence is granted bail under section 34 or 35, the time during which he is released on bail shall be disregarded in computing the term of his sentence unless the Court, the Court of Appeal or the Court of First Instance, as the case may be, otherwise directs.
(2) Subject to subsection (1), any sentence passed on an appeal to the Court in substitution for another sentence shall, unless the Court, the Court of Appeal or the Court of First Instance, as the case may be, otherwise directs, begin to run from the time when the other sentence should have begun to run.
(3) In this section sentence (判刑) includes any order made by a court when dealing with an offender (including a hospital order under Part IV of the Mental Health Ordinance (Cap. 136)).
(Amended 120 of 1997 s. 16)

38. Withdrawal
(1) An appellant may at any time with leave of the Court withdraw his appeal.
(2) Where an appeal has been withdrawn under subsection (1) the respondent shall, subject to any agreement between himself and the appellant to the contrary, be entitled to apply to the Court for his costs of and incidental to the appeal.

39. Rules
The Court of Final Appeal Rules Committee constituted under section 40 may make rules of court regulating and prescribing the procedure and the practice to be followed in the Court in all causes and matters in or with respect to which the Court has jurisdiction and any matters incidental to or relating to that procedure or practice, and it may make rules of court providing generally for the better carrying out of the provisions of this Ordinance.

40. Rules Committee
(1) There shall be a Court of Final Appeal Rules Committee which shall consist of—
(a) the Chief Justice;
(b) 2 permanent judges;
(c) the Registrar;
(d) 2 barristers nominated by the Hong Kong Bar Association;
(e) 2 solicitors nominated by The Law Society of Hong Kong;
(f) the Secretary for Justice or a legal officer in the Department of Justice appointed by him. (Amended 120 of 1997 s. 17)
(2) The Registrar shall be the secretary of the Court of Final Appeal Rules Committee.
(3) A quorum for a meeting of members of the Court of Final Appeal Rules Committee shall be constituted by a barrister, a solicitor, the Secretary for Justice or a legal officer in the Department of Justice appointed by him and not less than 2 other members. (Amended 120 of 1997 s. 17)