HKLII Hong Kong Regulations

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CRIMINAL PROCEDURE (APPEAL AGAINST DISCHARGE) RULES - SCHEDULE

SCHEDULE

(Past version on 06/30/1997).

Remarks:
Adaptation amendments retroactively made - see 25 of 1998 s. 2
[rule 3]
CRIMINAL PROCEDURE ORDINANCE
(Chapter 221)
Notice of Appeal against Discharge

To: 1. The Registrar, High Court, Hong Kong;
2. ................................................................. of .........................................................
(here insert name and address of the respondent)

PART I

WHEREAS the respondent was on the ................ day of ......................................................
.............................................................. 19 ........... committed for trial on a charge of/charges
of ............................................................................... and on the .............. day of ...............
.................................................................. 19 ............. on application to the Court of First Instance under section 16 of the Ordinance a judge directed that he should not be arraigned on the said charge(s) and directed that he should be discharged;

NOW THEREFORE the Secretary for Justice appeals against the said discharge on the grounds
............................................................................................................................................

Note Attention is drawn to rule 3(1). The particulars required by that rule may be annexed as
a Schedule to this form.
PART II

To the Respondent:

1. You are invited within ............... days of the service of this notice upon you to inform the Registrar if you wish to present any argument to the Court of Appeal. If you wish to present any argument you should also inform the Registrar whether you desire to present such argument by counsel or desire to seek leave to appear in person.

2. If you are not already legally aided you may be entitled to apply to the Director of Legal Aid for legal aid. Should you desire legal aid you should contact the Director at the following address .........................................................................................................

Dated the ............. day of ................. 19 ........

Counsel for Secretary for Justice.
(L.N. 362 of 1997; 25 of 1998 s. 2)


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