Contents of Section
Bookmark
Add to Printing List

Chapter:

221 PDFTitle:CRIMINAL PROCEDURE ORDINANCEGazette Number:10 of 2005
Section:9Heading:Rules and orders as to practice and procedureVersion Date:08/07/2005


(1) Rules and orders regulating the practice and procedure under this Ordinance shall be made by the Criminal Procedure Rules Committee, which shall consist of-

        (a) the Chief Judge, who shall be chairman; (Amended 10 of 2005 s. 9)
        (b) a Justice of Appeal appointed by the Chief Judge; (Amended 10 of 2005 s. 9)
        (c) a judge of the Court of First Instance appointed by the Chief Judge; (Amended 25 of 1998 s. 2; 10 of 2005 s. 9)
        (d) the Secretary for Justice or a legal officer nominated by him; (Amended L.N. 362 of 1997)
        (e) the Director of Legal Aid or a legal aid officer nominated by him;
        (f) a barrister nominated by the Hong Kong Bar Association;
        (g) a solicitor nominated by The Law Society of Hong Kong;
        (h) the Registrar, or a Senior Deputy Registrar or Deputy Registrar of the High Court appointed by the Chief Judge, who shall be secretary. (Replaced 13 of 1995 s. 23. Amended 10 of 2005 ss. 9 & 179)
(1A) Rules and orders made by the Rules Committee shall not have effect until approved by the Legislative Council and published in the Gazette. (Added 13 of 1995 s. 23)
(2) Such rules and orders may provide for the times for or within which documents must be filed or notices given, the duties of the various officers of the court, the manner in which cases and arguments are to be presented, and generally for the better carrying out of the provisions of this Ordinance. (Amended 24 of 1950 Schedule; 15 of 1969 s. 2; 13 of 1995 s. 23)
(3) Subject to the provisions of this Ordinance and to such rules and orders and any other enactment (including any enactment relating to juries) applicable thereto, the practice and procedure in all criminal causes and matters (including trials for treason or misprision of treason) shall be, as nearly as possible, the same as the practice and procedure from time to time and for the time being in force for similar cases in England.
(4) The Rules Committee may, by notice in the Gazette, specify forms for use under this Ordinance, and such forms shall be adhered to with such variations and additions as may be necessary. (Added 13 of 1995 s. 23)
(Replaced 5 of 1933 s. 2)