如律政司並非上訴人，亦非被當作為法律程序中的一方，但卻有權 申請案件呈述，則上訴人亦須將上訴通知書及案件呈述副本送交律政司。
" The appellant shall, within 14 days after the delivery of the case to him as hereinafter mentioned, transmit the case to the Registrar, first giving notice in writing of such appeal and sending with it a copy of the case to the other party to the proceeding before the magistrate, hereinafter referred to as the respondent, and, in any case in which the Attorney General is neither the appellant nor deemed to be a party but is entitled to apply for a case to be stated, also to the Attorney General."
在案件呈述已按上述方式送交上訴人後但在法官開始聆訊前，裁判官 可在任何一方提出申請並已事先將申請通知另一方的情況下，以其認為適 當的任何方式對經其簽署的案件呈述作出修訂︰
" After the delivery of a case to the appellant as aforesaid but before the commencement of the hearing by a judge, it shall be lawful for the magistrate on application by either party and on notice of such application to the other party previously given, to amend the case stated and signed by him in any way he may think fit:"
但如案件呈述經如此修訂，則就經修訂的案件呈述而言，亦須遵照第 106及108條的條文辦理，猶如經修訂的案件呈述即原送交上訴人的案件呈 述一樣，並猶如將經修訂的案件呈述送交上訴人即將原案件呈述送交他一 樣。
Provided that if the case is so amended the provisions of sections 106 and 108 shall be complied with in respect of the amended case as if it were the case as originally delivered to the appellant and as if the delivery to the appellant of the amended case were the delivery to him of the original case.
案件呈述按上述方式轉交司法常務官後，在任何一方的要求下，須在 指定辯論日期至少4整天前定出案件的辯論日期，而除下文另有規定外， 案件須由法官聆訊︰ (由1975年第92號第58條修訂)
" When the case has been transmitted to the Registrar as aforesaid, it shall be set down for argument on the request of either party 4 clear days at least before the day appointed for argument, and shall be heard, save as hereinafter provided, by a judge: (Amended 92 of 1975 s. 58)"
但要求對案件呈述定出辯論日期的一方，須在指定辯論日期4整天前， 將該指定日期通知律政司及答辯人。
Provided that the party setting down the case for argument shall give to the Attorney General and the respondent 4 clear days' notice of the day appointed therefor.
法官如認為適當，有權安排將其意見被徵詢的案件呈述發還裁判官以 作出修訂；而裁判官在案件呈述發還後須據此將之修訂，而法官在案件呈 述經過修訂後，須作出裁決。
" The judge shall have power, if he thinks fit, to cause the case stated for his opinion to be sent back to the magistrate for amendment, and thereupon the same shall be amended accordingly, and judgment shall be delivered after the same has been amended."
(1) 上訴人須在根據第105條提出申請後的3個星期內作出擔保(須有擔 保人或無擔保人則由裁判官指示，擔保金額則為裁判官經顧及擔保的目的 及上訴人的經濟能力後定出的合理款額)，擔保條件是上訴人須盡力進行 上訴，並遵守及妥為執行法官或上訴法庭的命令，以及繳付法官或上訴法 庭裁定的訟費。
" (1) The appellant shall, within 3 weeks from the making of an application under section 105, enter into a recognizance with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence to abide by and duly perform the order of the judge or Court of Appeal and to pay such costs as may be awarded by the judge or Court of Appeal or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrates' clerk, or otherwise, as the magistrate may deem sufficient. (See Forms 98, 99)"
在獲得裁判官的同意下，上訴人亦可就所定款額的全部或 任何部分，將款項繳存裁判官書記或以其他方式提供裁判官認為充分的其 他保證。
" (1) The appellant shall, within 3 weeks from the making of an application under section 105, enter into a recognizance with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence to abide by and duly perform the order of the judge or Court of Appeal and to pay such costs as may be awarded by the judge or Court of Appeal or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrates' clerk, or otherwise, as the magistrate may deem sufficient. (See Forms 98, 99)"
(見表格98、99) (由1998年第25號第2條修訂)
" (1) The appellant shall, within 3 weeks from the making of an application under section 105, enter into a recognizance with or without sureties as any magistrate may have directed, and in such reasonable sum as, having regard to the purpose of the recognizance and to his means, the magistrate may have thought necessary to fix, conditioned to prosecute his appeal with diligence to abide by and duly perform the order of the judge or Court of Appeal and to pay such costs as may be awarded by the judge or Court of Appeal or, with the magistrate's consent, he may, as respects the whole or any part of the sum so fixed, give such other security, by deposit of money with the magistrates' clerk, or otherwise, as the magistrate may deem sufficient. (See Forms 98, 99)"
(2) 如上訴人是在羈押中，則可憑裁判官的命令，為作出擔保而將他 帶上法庭。(見表格100)
" (2) The appellant, if in custody, may, by order of a magistrate, be brought up for the purpose of entering into the recognizance. (See Form 100)"
(3) 除非上訴人在指定時間內完成辦理擔保手續，否則他無權獲送交 案件呈述，而倘他沒有辦理擔保手續，則上訴須當作已經放棄。
" (3) The appellant shall not be entitled to have the case delivered to him unless he completes the recognizance within the prescribed time, and if he makes default in so doing the appeal shall be deemed to be abandoned."
(4) 上訴人須同時並在他有權獲送交案件呈述前，就上述案件呈述及 擔保向裁判官書記或其他適當人員繳付以下費用─
" (4) The appellant shall at the same time, and before he shall be entitled to have the case delivered to him, pay to the magistrates' clerk or other proper officer, in respect of the said case and recognizance, the fees following-"
(5) 本條不適用於由律政司提出或根據律政司指示提出的申請。
(5) This section shall not apply where the application is made by or under the direction of the Attorney General.
裁判官如認為案件呈述的申請只屬瑣屑無聊，而非屬其他情況，則他 可拒絕呈述案件，而在申請的一方或申請人提出要求及繳付$2後，須將一 張經其簽署的拒絕呈述案件的證明書送交該一方或申請人︰ (見表格96)
" If the magistrate is of opinion that the application to state a case is merely frivolous, but not otherwise, he may refuse to state a case and shall, on the request of the party or person applying therefor, sign and deliver to him a certificate of such refusal, on payment of the sum of $2: (See Form 96)"
但申請如由律政司提出或根據律政司指示提出，則裁判官不得拒絕呈 述案件。
Provided that the magistrate shall not refuse to state a case where the application therefor is made to him by or under the direction of the Attorney General.
凡裁判官拒絕呈述案件或拒絕修訂案件呈述，則在申請案件呈述的人 提出申請後，或在申請將案件呈述修訂的人提出申請後，法官可發出履行 責任令，規定裁判官呈述案件或修訂有關的案件呈述。
" Where a magistrate refuses to state a case or amend the case stated, the judge may, on the application of the person who applied for a case to be stated or the case stated to be amended, make an order of mandamus requiring the magistrate to state a case or amend the case stated."
(1) 凡任何人被裁判官裁定任何罪行(包括循簡易程序審訊的可公訴罪 行)罪名成立，或成為裁判官就某罪行而作出的任何命令或裁定的標的， 則行政長官如認為適當，可在其後任何時間作以下轉介─
" (1) Where any person has been convicted by a magistrate of any offence (including an indictable offence triable summarily), or been made the subject of any order or determination by a magistrate relating to or in connection with an offence, the Chief Executive may, if he thinks fit, at any time thereafter either-"
(a) 在符合第(2)款的規定下，將整宗案件轉介一名法官，而該案件即 須視為由該人向該名法官提出的上訴；或
" (a) subject to subsection (2), refer the whole case to a judge and the case shall then be treated as an appeal to that judge by that person; or"
(b) 如意欲就該案件中產生的任何論點尋求法官的協助，則將該論點 轉介法官，以徵詢法官在該論點上的意見，而法官須對如此轉介的論點加 以考慮，並須將其對該論點的意見呈交行政長官。 (由1998年第25號第2 條修訂)
" (b) if he desires the assistance of a judge on any point arising in the case, refer that point to a judge for that judge 's opinion thereon, and the judge shall consider the point so referred and furnish the Chief Executive with his opinion thereon accordingly. (Amended 25 of 1998 s. 2)"
(2) 為規管根據第(1)(a)款向法官作出的轉介，附表5就其內所指明的 各條條文具有效力。
(2) The Fifth Schedule shall have effect for the purpose of regulating references to a judge under subsection (1)(a) in respect of the sections specified in that Schedule.
(3) 行政長官根據本條作出的轉介─
(3) A reference by the Chief Executive under this section- (Amended 25 of 1998 s. 2)
(a) 可由行政長官應第(1)款所提述的人的申請而作出，或在並無任何 該等申請的情況下作出；及
" (a) may be made by him either on an application by the person referred to in subsection (1), or without any such application; and"
(b) 須以書面向司法常務官作出。 (由1998年第25號第2條修訂)
(b) shall be made in writing to the Registrar.
(4) 為免生疑問，現聲明本條亦適用於上訴已由終審法院聆訊及裁決 的案件。 (由1995年第79號第50條增補)
" (4) For the avoidance of doubt, it is hereby declared that this section also applies in a case where an appeal has been heard and determined by the Court of Final Appeal. (Added 79 of 1995 s. 50)"