Proposed resolution under the Criminal Procedure Ordinance (section 9 of Cap. 221) - Criminal Procedure (Appeal against Ruling of No Case to Answer) Rules

On January 08, 2025, LegCo approved a resolution to adopt the Criminal Procedure (Appeal against Ruling of No Case to Answer) Rules under the Criminal Procedure Ordinance (section 9 of Cap. 221).

This subsidiary legislation seeks to address the procedural gap in the criminal appeal system concerning 'no case to answer' rulings, particularly in jury trials. It was necessitated by the Criminal Procedure (Amendment) Bill 2023, which was passed and gazetted on 14 July 2023.

The subsidiary legislation is about the establishment of rules to facilitate the 'no case to answer' appeal mechanism under the Criminal Procedure Ordinance. The rules aim to streamline the process of appealing against such rulings and ensure fairness and consistency in criminal trials.

The main provisions of the rules include defining operational dates, language usage, notice requirements, response periods, document serving methods, and the potential for withdrawal or amendment of the appeal notice. These provisions are intended to provide a structured and efficient process for handling 'no case to answer' appeals, which are integral to the fairness of the criminal justice system.

The implications of these rules are primarily legal and procedural, with no significant economic, civil service, or environmental impacts anticipated. The rules are designed to conform to the Basic Law and will have minimal financial implications, with the potential additional workload expected to be manageable.