Hong Kong Regulations

HONG KONG COURT OF FINAL APPEAL RULES - RULE 5

Filing

Caution: This is a past version. See the current version here.

(1) In every cause or matter, civil or criminal, 4 copies of the notice of
application shall be filed together with 4 copies of-

   (a)  the formal judgment (if any) and the reasoned judgment from which
        leave to appeal is sought;

   (b)  if the judgment from which leave to appeal is sought itself determines
        an appeal or reviews a decision, the judgment or decision that was
        before the court below; and

   (c)  such other documents as are necessary for the proper determination of
        the application including any certificate granted under section 32 of
        the Ordinance.

(2) In a criminal cause or matter (except where the appeal is against sentence
only) the copies of the notice of application shall be filed together with (in
addition to the documents referred to in subrule

(1))- (L.N. 13 of 1999)

   (a)  where the judgment from which leave to appeal is sought itself
        determines an appeal from a magistrate, 4 copies of the magistrate's
        stated case or 4 copies of his statement of facts and grounds of
        decision, as the case may require;

   (b)  where the judgment from which leave to appeal is sought itself
        determines an appeal from the District Court, 4 copies of the District
        Judge's stated case or 4 copies of the reasons for the verdict placed
        on record in accordance with section 80 of the
        District Court Ordinance ( Cap  336), as the case may require;

   (c)  where the judgment from which leave to appeal is sought itself
        determines an appeal from the Court of First Instance, the judge's
        summing up or his reasons for decision, as the case may require.

(3) In a criminal cause or matter, where the appeal is against sentence only
or where a question of sentence is involved, the copies of the notice of
application shall be filed together with (in addition to the documents
referred to in subrule (1))- (L.N. 13 of 1999)

   (a)  in the case of a sentence passed by a magistrate, 4 copies of the
        statement of facts found by him or admitted before him and of the
        reasons for sentence;

   (b)  in the case of a sentence passed by a District Judge, 4 copies of the
        reasons for the verdict placed on record in accordance with section 
        80 of the District Court Ordinance ( Cap 336) and the reasons for
        sentence;

   (c)  in the case of a sentence passed by a judge of the Court of First
        Instance, such part of the record of the proceedings before him as is
        relevant to the sentence; and

   (d)  in every case, any report concerning the defendant which was before
        the magistrate or judge who passed the sentence.