52
CAP. 221]
Criminal Procedure
[1988 Ed.
(b) in any other case, the Court of Appeal shall substitute for the verdict of the jury a verdict of acquittal.
(5) An order of the Court of Appeal allowing an appeal in accordance with this section shall operate as a direction to the court of trial to amend the record to conform with the order.
Hospital order on disposal of appeal
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 13]
83L. (1) Where, on an appeal under section 83J, the Court of Appeal is of opinion that the case is not one where there should have been a verdict of acquittal but that there should have been a finding that the accused person was under disability, the Court of Appeal shall make an order that the appellant be admitted to the Correctional Services Department Psychiatric Centre or such mental hospital as may be specified by the Governor. (Amended, 37 of 1973, s. 7)
(2) Where in accordance with section 83K(4)(b) the Court of Appeal substitutes a verdict of acquittal, and it is of opinion--
(a) that the appellant is suffering from mental disorder of a nature or degree which warrants his detention in a mental hospital under observation (with or without medical treatment) for at least a limited period; and
(b) that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons,
the Court of Appeal shall make an order that the appellant be admitted for observation to such mental hospital as may be specified by the Governor.
(3) The Fifth Schedule shall apply with respect to the consequences and effect of an order made by the Court of Appeal under this section.
(4) On making an order under this section in the case of any person, the Court of Appeal may give such directions as it thinks fit for his conveyance to a place of safety and his detention there pending his admission to the Correctional Services Department Psychiatric Centre or a mental hospital within the relevant period specified in the Fifth Schedule. (Amended, 37 of 1973, s. 7)
(5) 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 that section also to persons in 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 subsection (1).
Unfitness to stand trial
Right of appeal against finding of disability
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 14]
83M. (1) Where there has been a determination under section 75 of the question of a person's fitness to be tried, and the jury has returned a finding that he is under disability, the person may appeal to the Court of Appeal against the finding.