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Ord. No. 20/79
Appeals in the
CRIMINAL PROCEDURE (AMENDMENT) (NO.
(3) A criminal bankruptcy order shall specify- (a) the amount of the loss or damage appearing to the court to have resulted from the offence or, if more than one, the total amount appearing to have resulted from all the offences;
(b) the person or persons appearing to the court to
have suffered that loss or damage;
(c) the amount of that loss or damage which it appears to the court that person, or each of those persons. has suffered; and
(d) the date which appears to the court to be the earliest date on which the offence or, if more than one, the earliest of the offences, was committed. (4) A criminal bankruptcy order may be made against two or more offenders in respect of the same loss or damage.
(5) The Governor in Council may by order amend sub- section (1)(b) by substituting, for the amount specified therein, such amount as may be specified in the order.
(6) In this section "court" includes the District Court. 84B. (1) No appeal shall lie against the making of a
case of criminal criminal bankruptcy order.
bankruptcy orders.
1973, c. 62. s. 40.
(2) Where a person successfully appeals to the Court of Appeal against his conviction of an offence by virtue of which such an order was made, the Court of Appeal shall rescind the order unless he was convicted in the same pro- ceedings of another offence of which he remains convicted and a criminal bankruptcy order could have been made without reference to loss or damage caused by the first- mentioned offence; and where, accordingly, the Court of Appeal does not rescind the order it shall amend it by striking out so much of it as relates to loss or damage caused by the offence in respect of which the conviction is quashed.
(3) Where on an appeal by a person against his con- viction of an offence by virtue of which a criminal bank- ruptcy order was made the Court of Appeal substitutes a verdict of guilty of another offence, the Court of Appeal shall-
(a)
rescind the order if a criminal bankruptcy order could not have been made against that person if he had originally been convicted of that other offence;
(b) in any other case, amend the order so far as may be required in consequence of the substitution of a verdict of guilty of the other offence.
(4) Where the Court of Appeal rescinds or amends a criminal bankruptcy order, the rescission or amendment shall not take effect-
(a) in any case until the expiration of 14 days from
the date of the decision of the Court of Appeal;
(b) if within that period an application is made for special leave to appeal to the Privy Council against the Court of Appeal's decision on the appeal against conviction, so long as the appeal is pending; and
CRIMINAL PROCEDURE (AMENDMENT) (NO. 2)
Ord. No. 20/79
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(c) if on such an appeal the conviction is restored by
the Privy Council.
(5) For the purposes of subsection (4) an appeal to the Privy Council shall be treated as pending until any applica- tion for special leave to appeal is disposed of and, if special leave to appeal is granted, until the appeal is disposed of; and if no application for special leave to appeal is made before the expiration of 14 days from the date of the deci- sion of the Court of Appeal, the rescission or amendment shall take effect at the end of that time.".
10. The Supreme Court Ordinance is amended-
Consequential amendments.
(a) in section 13(3) by deleting paragraph (c) and substituting the (Cap. 4.)
following-
"(c) the consideration of-
(i) applications by the Attorney General for the review of any sentence under section 81A(1) of the Criminal Procedure Ordinance;
(ii) references by the Attorney General of questions of law under section 81D of the Criminal Procedure Ordinance;";
(b) in section 34(7)——
(i) by deleting "and" where it occurs after "Court of Appeal" and substituting a comma;
(ii) by inserting after "sentence" the following-
and the consideration of a reference by the Attorney General of a question of law,"; and
(iii) by deleting "and 81A" and substituting the following--
", 81A and 81D".
Passed by the Hong Kong Legislative Council this 25th day of April 1979.
STEPHEN S. P. TAM, Clerk to the Legislative Council.
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
STEPHEN S. P. TAM, Clerk to the Legislative Council.