香港法例/HK0908 刑事訴訟程序(法律問題的轉交)規則

" (ii) counsel (other than Senior Counsel) under paragraph (1) (d) or (e), (94 of 1997 s. 20)"

" (6) Where in the Court of First Instance counsel represents 2 or more appellants to whom he has been assigned by the Director and whose appeals are heard on the same day, there shall be payable to counsel, in respect of all the appeals, such fee in accordance with paragraph (1)(d) as appears to the Director to be proper in the circumstances. (L.N. 83 of 1987; L.N. 87 of 1990; 25 of 1998 s. 2)"

(7) A claim for fees shall be submitted to the Director in such form and manner as he shall require. (L.N. 87 of 1990)

These rules may be cited as the Criminal Procedure (Reference of Questions of Law) Rules.

In these rules-

" ""reference"" (轉交) means a reference of a question of law to the Court of Appeal in pursuance of section 81D of the Ordinance;"

" ""respondent"" (答辯人) in relation to any reference means the acquitted person in whose case the question of law arose."

(1) The court may use either official language in any reference or a part of a reference before it as it considers appropriate for the expeditious disposal of the reference.

(2) The decision of the court under paragraph (1) is final.

(3) A party to a reference or a part of a reference 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 a reference or a part of a reference before the court may use either or both of the official languages.

(5) Documents filed in a reference or served on a party to a reference may be in either official language.

" (6) A party, other than the Attorney General, served with a document relating to a reference in an official language with which he is not familiar may within 3 days of being served request in writing the Attorney General to provide a translation of the document into the other official language."

(7) The Attorney General shall provide a translation as soon as practicable.

" (8) The time for compliance with any rule or order requiring the taking of the next step in a reference 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 a reference shall be kept in the official language or official languages as the court hearing the reference may direct.

(10) The transcript of proceedings in a reference for appeal purposes shall be prepared in the official language that the appeal court directs.

" (a) specify the question of law referred and, where appropriate, such facts of the case as are necessary for the proper consideration of the question of law;"

(b) summarise the arguments intended to be put to the Court of Appeal; and

(c) specify the authorities intended to be cited.

(2) No mention shall be made in the reference of the name of any person or place which is likely to lead to the identification of the respondent.

" (3) A reference shall be entitled ""Reference under section 81D of the Criminal Procedure Ordinance"" together with the year and number of the reference."