1988 Ed.]
Criminal Procedure
[CAP. 221
45
(a) by, or by counsel on behalf of, the Attorney General;
(b) if the acquitted person desires to present any argument, by counsel on his behalf or, with the leave of the Court of Appeal, by the acquitted person himself; and
(c) if the Court of Appeal so directs, by counsel appointed as amicus curiae by the Registrar.
(3) Where, on a question being referred to the Court of Appeal under this section, the acquitted person appears by counsel for the purpose of presenting any argument to the Court of Appeal, he shall be entitled to his costs, that is to say to the payment out of the general revenue of such sums as are reasonably sufficient to compensate him for any expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this subsection shall be ascertained as soon as practicable by the Registrar.
(4) A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.
Appeal against a discharge
Appeal to Court of Appeal following discharge
(Added, 20 of 1979, s. 7) [cf. U.K. 1972 c. 71, s. 36]
(Amended, 57 of 1988, s. 31)
81E. (1) Where any person has been discharged under section 16 or under section 22 of the Complex Commercial Crimes Ordinance (Cap. 394), the Attorney General may appeal to the Court of Appeal against that person's discharge. (Amended, 57 of 1988, s. 32)
(2) The appeal may be-
(a) on any ground which involves a question of law;
(b) on the ground that the documents and evidence before the court were sufficient to establish a prima facie case against the accused for the offence set out in the charge or for any other offence for which he might be convicted upon that charge.
(3) The Court of Appeal may, if it allows an appeal under this section, quash the acquittal of the accused and order him to be tried.
(4) The Court of Appeal may, in ordering a trial, make such orders as appear to it to be necessary for the custody, or admission to bail, of the person ordered to be tried.
(5) The provisions of section 81D(2) and (3) shall apply to an appeal under this section as they do to an appeal under section 81D(1).
(Added, 48 of 1983, s. 4)
Appeal against conviction on indictment
Right of appeal
82. (1) A person convicted of an offence on indictment may appeal to the Court of Appeal against his conviction.