48
CAP. 221]
Criminal Procedure
[1988 Ed.
(4) In section 52 of the Mental Health Ordinance (Cap. 136) (which relates to the removal to a mental hospital of persons serving sentences of imprisonment and is applied by subsection (5) of the section to other forms of detention) references to a person serving a sentence of imprisonment shall be construed as not including references to a person subject to an order of the Court of Appeal under this section.
(Added 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 6]
Retrial
Power to order retrial
83E. (1) Where the Court of Appeal allows an appeal against conviction and it appears to the Court of Appeal that the interests of justice so require, it may order the appellant to be retried.
(2) A person shall not under this section be ordered to be retried for any offence other than-
(a) the offence of which he was convicted at the original trial and in respect of which his appeal is allowed as mentioned in subsection (1);
(b) an offence of which he could have been convicted at the original trial on an indictment for the first-mentioned offence; or
(c) an offence charged in an alternative count of the indictment in respect of which the jury were discharged from giving a verdict in consequence of convicting him of the first-mentioned offence.
(Added 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 7]
Supplementary provisions as to retrial
83F. (1) A person who is to be retried for an offence in pursuance of an order under section 83E shall be tried on a fresh indictment preferred by direction of the Court of Appeal, and shall be tried before such court as the Court of Appeal may direct (being the High Court or, if the offence is within the jurisdiction of the District Court, the District Court) or, if no such direction is given, before the court by which he was originally tried.
(2) The Court of Appeal may, on ordering a retrial, make such orders as appear to it to be necessary or expedient-
(a) for the custody or admission to bail of the person ordered to be retried pending his retrial; or
(b) for the retention pending retrial of any property or money forfeited, restored or paid by virtue of the original conviction or any order made on that conviction.
(3) If the person ordered to be retried was, immediately before the determination of his appeal, liable to be detained in pursuance of an order under Part IV of the Mental Health Ordinance (Cap. 136)-
(a) that order shall continue in force pending the retrial as if the appeal had not been allowed; and