Page:Hong Kong Court of Final Appeal Ordinance (Cap. 484).pdf/19

A2118 '''46. Powers of single permanent judge'''

(1) A single permanent judge may exercise the powers of the Court—
 * (a) to extend the time for making an application for leave to appeal; and
 * (b) to make an order for or in relation to bail under Part III,

but where the judge refuses an application to exercise any of these powers, the applicant shall be entitled to have the application determined by the Appeal Committee which for the purposes of this section may exercise all the powers of the Court.

(2) In an application for leave to appeal or an appeal, any incidental order or direction, not involving the decision of the application or appeal, any interim order necessary to prevent prejudice to the parties and any order for security for costs or for the dismissal of an application or appeal for default in furnishing security so ordered, may be made or given at any time by a single permanent judge.

(3) Any order made under subsection (2) may be discharged or varied by the Appeal Committee.

(4) The powers exercisable by a single permanent judge under this section may, subject to rules of court, be exercised in chambers.

47. Sittings and business

(1) The Court shall sit at such times and at such places as the Chief Justice shall appoint.

(2) All proceedings before the Court or the Appeal Committee shall be held in open court to which the public shall have access.

(3) The Court or the Appeal Committee may, if it considers it necessary in the interests of justice or public order or security, direct that, save as provided in subsection (4), no person, other than a person nominated by the Court or the Committee, shall be in court or in the building in which the Court or the Committee sits.

(4) Subsection (3) shall not apply to a person who is required to be in the Court or building by virtue of his office or profession or an order of a court or who is otherwise required for the purposes of any proceedings to be in the Court or building or to any one person representing a newspaper or news agency.

(5) Any person who contravenes a direction under subsection (3) commits an offence and is liable on conviction to a fine of $5,000 and to imprisonment for 6 months and may be forcibly removed by any police officer from the Court or building.

(6) The distribution of business of the Court shall be made in accordance with directions given by the Chief Justice.