206 THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1933
Treatment pending determina- tion of case by Full Court.
7 Ed. 7.
c. 23, s. 14.
Ordinance No. 4 of 1899.
780.-(1) Persons committed to prison under section
78 (1) and appellants not admitted to bail under section 78A (9) shall, pending the determination of their cases by the Full Court, be treated in such manner as may be directed by any rules, made under the Prisons Ordinance 1899, relating to prisoners committed for trial for any indictable offence.
Effect on sentence.
Presence
of accused.
7 Ed. 7, c. 23, s. 11.
Absence of accused.
7 Ed. 7, c. 23, s. 11.
General powers.
Repeal of Ordinance No. 9 of 1899, ss. 68 and 109,
(2) The time during which any such person or appellant is admitted to bail under section 78 (1) or section 78A (9), and, subject to any directions which the Full Court may give to the contrary, the time during which any such person or appellant is in custody pending the determination of his case shall not count as part of any term of imprisonment under his sentence, which shall be deemed to be resumed or to begin to run, as the case requires, if the person or appellant is in custody, as from the day on which the case is determined by the Full Court, and, if he is not in custody, as from the day on which he is received into prison under the sentence.
(3) An appellant notwithstanding that he is in custody, shall be entitled to be present, if he desires it, on the hearing of his appeal, except where the appeal is on some ground involving a question of law alone, but, in that case and on an application for leave to appeal and on any proceedings preliminary or incidental to an appeal, shall not be entitled to be present, except where rules, and orders made under section 10 of this Ordinance provide that he shall have the right to be present or where the Full Court gives him leave to be present. Such leave may be given also in any case under section 78; but without it the accused shall not be entitled to be present.
(4) The power of the Full Court to pass any sentence under this Ordinance may be exercised notwithstanding that the accused is for any reason not present.
(5) The Full Court in every appeal or case reserved under this Ordinance shall, subject to the express provisions of this Ordinance, have all the powers of the court of trial, with regard to sentence, commencement of sentence, costs, compensation, release on recognizances or any other matter.
4. Sections 68 and 109 of the Criminal Procedure Ordi- nance, 1899, are repealed.
Passed the Legislative Council of Hong Kong, this 23rd day of March, 1933.
R. A. C. NORTH, Deputy Clerk of Councils.
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