PART IV
Miscellaneous
38. Withdrawal
(1) An appellant may at any time with leave of the Court withdraw his appeal.
(2) Where an appeal has been withdrawn under subsection (1) the respondent shall, subject to any agreement between himself and the appellant to the contrary, be entitled to apply to the Court for his costs of and incidental to the appeal.
39. Rules
The Court of Final Appeal Rules Committee constituted under section 40 may make rules of court regulating and prescribing the procedure and the practice to be followed in the Court in all causes and matters in or with respect to which the Court has jurisdiction and any matters incidental to or relating to that procedure or practice, and it may make rules of court providing generally for the better carrying out of the provisions of this Ordinance.
40. Rules Committee
(1) There shall be a Court of Final Appeal Rules Committee which shall consist of—
- (a) the Chief Justice;
- (b) 2 permanent judges;
- (c) the Registrar;
- (d) 2 barristers nominated by the Hong Kong Bar Association;
- (e) 2 solicitors nominated by The Law Society of Hong Kong;
- (f) the Attorney General or a legal officer in the Attorney General’s Chambers appointed by him.
(2) The Registrar shall be the secretary of the Court of Final Appeal Rules Committee.
(3) A quorum for a meeting of members of the Court of Final Appeal Rules Committee shall be constituted by a barrister, a solicitor, the Attorney General or a legal officer in the Attorney General’s Chambers appointed by him and not less than 2 other members.
