Hong Kong Regulations

THE RULES OF THE HIGH COURT - ORDER 68

OFFICIAL SHORTHAND NOTE

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2 1. Official
shorthand note of all evidence, etc. (O. 68, r. 1)

(1) In every action or other proceeding in the Court of First Instance which
is tried or heard with witnesses, an official shorthand note shall, unless the
judge otherwise directs, be taken of any evidence given orally in court and of
any summing up by the judge and of any judgment delivered by him, and, if any
party so requires the note so taken shall be transcribed and such number of
transcripts as any party may demand shall be supplied to him at the charges
authorized by any scheme in force providing for the taking of official
shorthand notes of proceedings in the Court of First Instance. (25 of 1998 s.
2)

(2) Nothing in this rule shall be construed as prohibiting the supply of
transcripts to persons not parties to the proceedings.

(3) The powers of the Court of Appeal under this Order may be exercised by a
single judge of that Court or by the registrar of civil appeals.

2. Evidence when not to be transcribed (O. 68, r. 2)

(1) If the judge intimates that in the event of an appeal his note will be
sufficient, the shorthand note of the evidence need not be transcribed for the
purposes of an appeal.

(2) If the parties agree or the judge is of opinion that the evidence or some
part of the evidence of any witness would, in the event of an appeal, be of no
assistance to the Court of Appeal, the shorthand note of such evidence need
not be transcribed for the purposes of an appeal.

(3) If any party requires a transcript of any such evidence as aforesaid the
charge therefor shall be borne by that party in any event.

3. Payment for transcripts out of public funds: excepted proceedings (O. 68,
r. 3)

Rules 4 and 5 shall not apply in relation to a transcript of a note taken in
proceedings in connection with which legal aid might have been given under the
Legal Aid Ordinance ( Cap 91) whether or not such aid was given thereunder to
any party to the proceedings.

4. Payment for transcripts for the Court of Appeal (O. 68, r. 4)

(1) An appellant shall not be required to pay for the transcript to which a
certificate given under this rule relates but, except as aforesaid, any
transcript required for the Court of Appeal shall be paid for by the appellant
in the first instance.

(2) Where the judge by whom any such proceeding as is referred to in rule 1
was tried or heard or the Court of Appeal is satisfied that an appellant in
that proceeding is in such poor financial circumstances that the cost of a
transcript would be an excessive burden on him, and, in the case of a
transcript of evidence, that there is reasonable ground for the appeal, the
judge or the Court of Appeal, as the case may be, may certify that the case is
one in which it is proper that the said cost should be borne by public funds.

(3) An application for a certificate under this rule must be made in the first
instance to the judge; if the application is refused, the application (if any)
to the Court of Appeal must be made within 7 days after the refusal.

(4) Where an application is made to the Court of Appeal for a certificate
under this rule, then, if the Court of Appeal is of opinion that for the
purpose of determining the application it is necessary for that Court to see a
transcript of the summing up and judgment, with or without a transcript of the
evidence, the Court of Appeal may certify that both transcripts or, as the
case may be, only a transcript of the summing up and judgment may properly be
supplied for the use of that Court at the expense of public funds.

(5) No transcript supplied for the use of the Court of Appeal under a
certificate given under paragraph (4) shall be handed to the appellant except
by direction of the Court of Appeal.

(6) Where the judge or the Court of Appeal certifies under paragraph (2) that
there is reasonable ground for the appeal, the appellant may be supplied with
as many free copies of the transcript referred to in the certificate as will,
together with any free copies already supplied under a certificate given under
paragraph (4), make up a total of one for his own use and three for the use of
the Court of Appeal.

(7) References in this rule to an appellant include references to an intending
appellant.

5. Payment for transcript for poor respondent (O. 68, r. 5)

(1) Where the judge by whom any such proceeding as is referred to in rule 1
was tried or heard or the Court of Appeal is satisfied that the  respondent to
an appeal in that proceeding is in such poor financial circumstances that the
cost of obtaining a transcript, or a specified part thereof, for the purpose
of resisting the appeal would be an excessive burden on him, the judge or
the Court of Appeal, as the case may be, may certify that the case is one in
which it is proper that the cost of the transcript or that part thereof, as
the case may be, should be borne by public funds, and where such a certificate
is given the respondent shall not be required to pay the said cost.

(2) Rule 4(3) shall apply in relation to an application for a certificate
under this rule as it applies in relation to an application for a certificate
under that rule.

8. Mechanical recording (O. 68, r. 8)

In this Order any reference to a shorthand note of any proceedings shall be
construed as including a reference to a record of the proceedings made by
mechanical means.

8A. Definition (O. 68, r. 8A)

In this Order "transcript" (謄本) includes the transcript of the official
shorthand note and any official typescript of the Judge's manuscript note.
(Enacted 1988)

"transcript" (謄本)