42
CAP. 221]
Criminal Procedure
[1988 Ed.
"sentence", in relation to an offence, includes any order made by a court in dealing with an offender, including a hospital order. (Amended, 20 of 1979, s. 3)
(2) Any power of the Court of Appeal to pass a sentence includes a power to make a recommendation for deportation under section 21 of the Immigration Ordinance (Cap.115).
(Replaced, 34 of 1972, s. 15) [cf. U.K. 1968 c. 19, s. 50]
Reservation of question of law
Power to reserve question of law for consideration of Court of Appeal
81. (1) The judge of the court of trial may reserve for the consideration of the Court of Appeal any question of law which may arise on the trial of any indictment.
(2) In exercising his power under subsection (1), the judge may act either of his own motion or on the application of the Attorney General or the defence.
(3) A judge may, if he reserves a question of law under subsection (1) and the accused person has been convicted-
(a) postpone judgment until the question has been considered and decided;
and
(b) commit the person convicted to prison or admit him to bail, with or without one or more sufficient sureties, and in such sum as he may think fit, conditioned to appear at such time or times as the judge may direct and receive judgment.
(4) Upon consideration of a question reserved under subsection (1), the Court of Appeal may---
(a) affirm or quash the conviction or order a new trial; and
(b) make such other orders as may be necessary to give effect to its decision:
Provided that the Court of Appeal may, notwithstanding that it is of opinion that the question so reserved might be decided in favour of the convicted person, affirm the conviction if it considers that no miscarriage of justice has actually occurred.
(Replaced, 34 of 1972, s. 15)
Review of sentence on the application of the Attorney General
Application by Attorney General for review of sentence
81A. (1) The Attorney General may, with the leave of the Court of Appeal, apply to the Court of Appeal for the review of any sentence (other than a sentence which is fixed by law) passed by any court, other than the Court of Appeal, on the grounds that the sentence is not authorized by law, is wrong in principle or is manifestly excessive or manifestly inadequate.
(2) An application under subsection (1) shall--