PRACTICE DIRECTION – 9.9
OVERSEAS TELEVISION LINK (WITNESS NOT IN HONG KONG)
1. In all criminal cases where a party wishes to make an application for permission for a person to give evidence to a court by way of a live television link from a place outside Hong Kong, the application shall be made by giving a notice in the form specified by the Chief Judge of the High Court attached at Annex 1 to be given to the Registrar of the High Court, the Registrar of the District Court and the First Clerk of the magistracy as the case may be within the time frame set out in the form. The application must be served on the court and the other party.
2. The application should generally includes the following :
a) Name of the witness;
b) Country, territory or place in which the witness will give evidence;
c) Location where the witness will give evidence;
d) Grounds for applying for evidence to be given by way of a live television link;
e) The court where the party intends to conduct the live television link.
3. If the application for use of overseas television link is approved, the party should liaise with the judge’s clerk in the High Court or the judge’s clerk in the District Court or the First Clerk at the magistracy as the case may be in order to make the necessary arrangement.
4. If the overseas live television is directed to be conducted in the Technology Court, the party or parties should:-
(a) consult the Judiciary website at http://www.judiciary.gov.hk to obtain all relevant, up to date information, or simply click on the link below:
http://www.judiciary.gov.hk/en/crt_services/tech_crt.htm;
(b) make preliminary enquiries with the judge’s clerk at the High Court,
(c) consult all other parties involved in such hearings.
5. It is the parties’ responsibility to :-
(a) identify the particular facilities and equipment which they would wish to utilise in the court; and,
(b) provide an estimate of the court time needed.
6. Parties should ascertain from the overseas destination the type of Video Conferencing facilities to be communicated to the Hong Kong courts and its details.
7. Parties should conduct pre-hearing tests to ensure smooth and successful connections to overseas destinations.
8. The court will, in the usual course, give such directions as it deems necessary in relation to the conduct of the hearing. It will generally be the responsibility of the party concerned to make all arrangements necessary for or incidental to ensuring that the proceedings proceed smoothly and effectively. The party calling a witness who isto be examined on a Video Conferencing link will be responsible for ensuring that such witness will be at the remote site outside Hong Kong in good time for such examination to take place, having duly been supplied with copies of any documents or exhibits relevant to such examination and for the witness to be provided with an interpreter, if necessary, and so forth.
9. Where facilities provided in the Technology Court or in the District Court or in the magistracy are to be used in conjunction with services and/or materials provided by commercial entities (such as telecommunications carriers providing Video Conferencing services or providers of real time court reporting and transcription services), it shall be the responsibility of each party wishing to avail himself of such services and/or materials to make appropriate contractual arrangements directly with such commercial entities and directly to meet their charges.
10. This Practice Direction shall come into effect on 1 February 2016.
Dated this 15th day of January 2016
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( Andrew Cheung ) Chief Judge of the High Court |
FORM
CRIMINAL PROCEDURE ORDINANCE
(CAP. 221)
NOTICE OF APPLICATION FOR PERMISSION TO USE LIVE
TELEVISION LINK UNDER SECTION 79I
An application must be made within 42 days after the date of:
(1) the election by the defendant under section 80C of the Magistrates Ordinance (Cap. 227) or section 77A(5) of the District Court Ordinance (Cap. 336) to have a charge heard at a preliminary inquiry;
(2) the committal for trial of the defendant under section 80C(4) or section 85(2) of the Magistrates Ordinance (Cap. 227) or section 79F(5) of the Criminal Procedure Ordinance (Cap. 221);
(3) the consent to the preferment of a bill of indictment in relation to the case under section 24A(1)(b) of the Criminal Procedure Ordinance (Cap. 221);
(4) the order of transfer under section 4 of the Complex Commercial Crimes Ordinance (Cap. 394) or section 77A of the District Court Ordinance (Cap. 336);
(5) the order of transfer to the District Court under section 88 of the Magistrates Ordinance (Cap. 227) or section 65F of the Criminal Procedure Ordinance (Cap. 221);
(6) referring back to the magistrate by the Secretary for Justice under section 10 of the Criminal Procedure Ordinance (Cap. 221);
(7) the order of transfer before the magistrate under section 77A of the District Court Ordinance (Cap. 336) or section 65F of the Criminal Procedure Ordinance (Cap. 221); or
(8) the setting down of the case for trial before a magistrate.
This form may also be used where an extension of time has been granted for the making of this application.
A copy of this form must be given at the same time to all parties to the proceedings.
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IN THE
1HIGH COURT/ DISTRICT COURT/ ……….. MAGISTRATES’ COURTS
OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION
Case No. : .
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To: 1Registrar of the High Court / District Court / First Clerk of the Magistracy |
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(name of party) of ………………………………………………………………… |
I. Application
2Preliminary inquiry before a magistrate
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The date on which the defendant elects, or is deemed to have elected under section 80C of the Magistrates Ordinance (Cap. 227) to have a charge heard at a preliminary inquiry. |
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The date on which the defendant elects under section 77A(5) of the District Court Ordinance (Cap. 336) to have a charge heard at a preliminary inquiry. |
2Trial in the Court of First Instance
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If the charge has been heard at a preliminary inquiry before a magistrate, the date. .on which the defendant is committed for trial under section 85(2) of the Magistrates Ordinance (Cap. 227) in respect of the charge. |
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| If the defendant does not elect, and is not deemed to have elected, to have the charge heard at a preliminary inquiry before a magistrate - | ||
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the date on which the defendant is committed for trial section 80C(4) of the Magistrates Ordinance (Cap. 227) in respect of the charge; or |
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the date on which an order of transfer of proceedings to the Court of First Instance is made under section 77A of the District Court Ordinance (Cap. 336) in respect of the charge. |
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If an indictment is preferred under section 24A(1)(b) of the Criminal Procedure Ordinance (Cap. 221) by the direction or with the consent of a judge in respect of the charge, the date on which the judge gives the direction or consent. |
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If the proceedings against the defendant are transferred to the Court of First Instance pursuant to an order made under section 4 of the Complex Commercial Crimes Ordinance (Cap. 394), the date on which the order is made. |
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If the defendant is committed for trial in the Court of First Instance pursuant to an order made under section 79F(5) of the Criminal Procedure Ordinance (Cap. 221), the date. .on which the order is made. |
2Trial in the District Court
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If the proceedings against the defendant are transferred to the District Court pursuant to an order made under section 88 of the Magistrates Ordinance (Cap. 227), the date. .on which the order is made. |
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If the proceedings against the defendant are transferred to the District Court pursuant to an order made under section 65F of the Criminal Procedure Ordinance (Cap. 221), the date on which the order is made. |
2Trial before a magistrate
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If the case is referred back to the magistrate by the Secretary for Justice under section 10 of the Criminal Procedure Ordinance (Cap. 221), the date on which the Secretary for Justice refers the case back to the magistrate. |
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If the proceedings against the defendant are transferred before the magistrate pursuant to an order made under section 77A of the District Court Ordinance (Cap. 336), the date on which the order is made. |
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If the proceedings against the defendant are transferred before the magistrate pursuant to an order made under section 65F of the Criminal Procedure Ordinance (Cap. 221), the date on which the order is made. |
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The date on which the case is set down for trial before the magistrate. | |
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3Defendant(s): |
__________________________________ __________________________________ |
II. Applicant
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Name of Applicant: |
__________________________________ |
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Name of Applicant’s |
__________________________________ |
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Address of Solicitor |
__________________________________ |
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Reference: |
__________________________________ |
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| III. 4Charges | __________________________________ |
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IV. Witness
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5Name of the witness : |
__________________________________ __________________________________ |
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Country or territory in which the witness will give evidence : |
__________________________________ |
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Place where the witness will give evidence (e.g. courtroom, hotel): |
__________________________________ |
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Grounds for applying for evidence to be given by way of a live television link: |
__________________________________ |
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Signature of applicant |
__________________________________ |
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or |
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Signature of applicant’s solicitor |
__________________________________ |
| Dated this | __________________________________ |
Explanatory Notes:
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Delete as appropriate |
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Delete as appropriate & tick the appropriate box |
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State the name(s) of the defendant(s) to whom this application relates |
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Give brief details of those charges to which this application applies |
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If the witness is to give evidence for the prosecution, it is necessary to provide the name of the witness except for section 65DA(3) of the Criminal Procedure Ordinance (Cap. 221). If the witness is to give evidence for the defendant, disclosure is required by section 65D or 65DA of the Criminal Procedure Ordinance or section 75A of the District Court Ordinance (Cap. 336). |