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The Government will introduce the Criminal Appeal (Amendment) Rules 2015 (Amendment Rules) into the Legislative Council on March 18 for approval.
The Amendment Rules seek to amend the Schedule to the Criminal Appeal Rules (Cap. 221 sub. leg. A) in Form VII by adding a note to indicate, for information purposes, the effect in law of abandoning an appeal by giving notice of abandonment.
A Government spokesman today (February 25) said that the proposed amendments are aimed at reducing the number of unmeritorious applications to revive appeals by applicants who have filed a Notice of Abandonment. The amended Notice of Abandonment indicates that once an appeal is abandoned and thus dismissed, the Court of Appeal has no inherent jurisdiction to permit an appeal to be reopened unless the abandonment is treated as a nullity, or the matter is referred by the Chief Executive to the Court of Appeal under section 83P of the Criminal Procedure Ordinance (Cap. 221).
The Judiciary has consulted the Criminal Procedure Rules Committee, the Hong Kong Bar Association, the Law Society of Hong Kong and the Hong Kong Law Costs Draftsmen Association. They are content with the proposed legislative amendments.
Subject to the approval of the Legislative Council, the commencement date of the Amendment Rules is March 20.
Ends/Wednesday, February 25, 2015
Issued at HKT 15:00
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