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Enclosure 2.
301
ATTORNEY GENERAL'S CHAMBERS,
Hongkong, 9th July, 1921.
REPORT ON ORDINANCE NO. 10 of 1921.
1.
I have examined the accompanying Ordinance intituled an
Ordinance to amend the law relating to criminal procedure in the
Supreme Court, and I am of opinion that the Ordinance is one which
is not contrary to the Governor's Instructions.
2. The object of this Ordinance is to effect certain improve-
ments in the criminal procedure of the Supreme Court.
3. Section 2 effects two improvements in the law. In the first
place, it gives the Full Court power to order a new trial upon a
question of law reserved by the trial judge. The judges of
the Court of Criminal Appeal have frequently expressed the opinion
that that Court should have power to order a new trial.
4.
In the second place, section 2 provides that even if the ques-
tion reserved might be decided in favour of the accused the Full
Court may affirm the conviction if it considers that no substantial
miscarriage of justice has actually occurred. This provision is
taken from section 4(1) of the Criminal Appeal Act, 1907, 7 Edward
7, 0.23.
5.
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