Notice of Motion to seek LegCo's approval of Criminal Procedure (Appeal against Ruling of No Case to Answer) Rules
******************************************************************************************
A spokesman for the Department of Justice said that the new "no case to answer" appeal mechanism addresses the lacuna in the criminal appeal system due to the prosecution's inability to appeal against erroneous rulings of no case to answer made by judges of the CFI in jury trials. To facilitate its smooth operation, a new set of procedural rules has to be made for such appeals before the relevant provisions of the Amendment Ordinance come into effect.
Relevant stakeholders including the Law Society of Hong Kong, the Hong Kong Bar Association and the Legal Aid Department were consulted, and they welcomed the implementation of the Rules. The Department of Justice has also issued an information paper to the LegCo Panel on Administration of Justice and Legal Services in July this year to brief members of the Panel on the proposed draft rules.
Subject to the LegCo's approval of the Rules, the Department of Justice will bring the relevant provisions of the Amendment Ordinance and the Rules into operation as soon as practicable.
Ends/Wednesday, December 4, 2024
Issued at HKT 15:00
Issued at HKT 15:00
NNNN