Page:Hong Kong Court of Final Appeal Ordinance (Cap. 484).pdf/15

A2110 (4) The Court may when granting leave under subsection (1) impose a timetable on any party for the prosecution of the appeal and may either on the application of a party or of its own motion vary that timetable.

33. Application for leave to appeal

(1) An application to the Court for leave to appeal shall be made within 28 days from the date of the decision of the Court of Appeal or the High Court, as the case may be.

(2) The Court may, upon application made at any time by any party to the appeal, extend the time within which an application may be made to the Court under subsection (1).

(3) An appeal to the Court shall be treated as pending until any application for leave to appeal is disposed of and, if leave to appeal is granted, until the appeal is disposed of.

34. Bail

(1) The Court, the Court of Appeal or the High Court, as the case may be, may on the application of a person appealing or applying for leave to appeal or on the application of a person in custody pending the determination of the appeal, grant the person in custody bail pending the determination of the appeal.

(2) A grant of bail under subsection (1) may be made subject to such conditions as the Court, the Court of Appeal or the High Court, as the case may be, considers necessary.

(3) If a person is refused bail on an application made under subsection (1), he shall not thereafter be entitled to make a fresh application for bail—
 * (a) before the commencement of the hearing of the appeal, except to the Court, the Court of Appeal or the High Court and only if he satisfies the Court, the Court of Appeal or the High Court that since the refusal, there has been a material change in relevant circumstances; or
 * (b) during the hearing of the appeal, except to the Court.

35. Detention on appeal by prosecutor

(1) The following provisions apply where, immediately after a decision of the Court of Appeal or the High Court, as the case may be, from which an appeal lies to the Court, the prosecutor is granted or gives notice that he intends to apply for, leave to appeal.