74
CAP. 227]
Procedure on hearing appeal
Magistrates
[1988 Ed.
118. (1) In the case of any appeal to which section 105 or 113 applies-
(a) the depositions taken before the magistrate or a certified copy thereof
shall, without prejudice to any other method of proof, be admissible as evidence of the evidence which was given and of the statements which were made before the magistrate, and generally that the proceedings therein recorded took place;
(b) when the appeal comes on for hearing the appellant shall be first heard in support of the appeal, the respondent if present and if he so desires shall be heard against it and the appellant thereafter shall be entitled to reply. If the judge thinks additional evidence to be necessary he may receive such evidence, and for that purpose shall have the like powers under paragraphs (a), (b) and (c) of section 83V of the Criminal Procedure Ordinance (Cap. 221) that the Court of Appeal would have had if the appeal had been an appeal to which that section applied, and the judge may issue any process necessary for enforcing the exercise of such powers; (Amended, 34 of 1972, s. 22)
(c) the appeal shall not operate as a stay of execution except in the case of-
(i) an order for caning; or
(ii) an order for payment of compensation; (Replaced, 36 of 1976, s. 14)
(d) the judge may reserve the appeal, or any point in the appeal for the consideration of the Court of Appeal, or may direct the appeal, or point in the appeal, to be argued before the Court of Appeal; and the Court of Appeal shall have power to hear and determine any such appeal or point so reserved or so directed to be argued and may in connection therewith exercise all or any of the powers conferred on a judge by this Part or may remit the matter to the judge with the opinion or decision of the Court of Appeal and may also make any such other order in relation to the matter and such orders as to costs as to the Court of Appeal shall seem fit; (Amended, 92 of 1975, s. 58) [cf. U.K. 1857 c. 43, s. 6 & 1873 c. 66, s. 46]
(e) the powers and duties of a judge shall be exercised and performed by the Chief Justice or by such one of the judges as the Chief Justice shall from time to time appoint; (Amended, 92 of 1975, s. 58)
(f) if any step in or in connection with any appeal or intended appeal is rendered impossible by the death, absence or incapacity of a magistrate, a judge upon motion shall have power for good cause to order that the case be heard de novo by a magistrate and the case shall be so heard accordingly. (Amended, 92 of 1975, s. 58)
(2) Either party to any appeal under section 105 or 113 may be heard in person or by any barrister and in any appeal under section 113(1) and (2), not being appeals reserved for hearing or directed to be argued before the Court of Appeal, either party may be heard by any counsel.
(Replaced, 24 of 1949, s. 39)
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