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No. 5.]
CRIMINAL PROCEDURE
[A.D. 1933.
A.D. 1933.]
CRIMINAL PROCEDURE
[No. 5.
AMENDMENT,
AMENDMENT.
23223
29
7 Ed. 7,
c. 23, s. 14.
Prohibition of staying or reversal
of judgment
on specified grounds.
Treatment pending determina-
tion of case
by Full
Court.
7 Ed. 7.
c. 23, s. 14.
Ordinance No. 4 of 1899.
(9) The Full Court may, if it seems fit, on the application of an appellant, admit the appellant to bail pending the deter- mination of the appeal.
Further provisions relating to appeals and cases reserved.
78B. Except where, in the opinion of the Full Court, a substantial miscarriage of justice has actually occurred, no judgment shall be stayed or reversed under section 78 and no appeal shall be allowed under section 78A—
(a) on the ground of any defect which, if pointed out before the jury were empanelled or during the progress of the trial, might have been amended by the court; or
(b) because of any error committed in summoning or swearing the jury or any of them; or
(c) because any person who has served on the jury has not been returned by the Registrar; or
(d) because of any objection which might have been stated as a ground of challenge of any of the jurors; or
(e) because of any informality in swearing the witnesses or any of them.
78C. (1) Persons committed to prison under section 78 (1) and appellants not admitted to bail under section 78A (9) shall, pending the determination of their cases by the Full Court, be treated in such manner as may be directed by any rules, made under the Prisons Ordinance 1899, relating to prisoners committed for trial for any indictable offence.
of accused. 7 Ed. 7,
c. 23, s. 11.
(3) An appellant notwithstanding that he is in custody, Presence shall be entitled to be present, if he desires it, on the hearing of his appeal, except where the appeal is on some ground involving a question of law alone, but, in that case and on an application for leave to appeal and on any proceedings preliminary or incidental to an appeal, shall not be entitled to be present, except where rules, and orders made under section 10 of this Ordinance provide that he shall have the right to be present or where the Full Court gives him leave to be present. Such leave may be given also in any case under section 78; but without it the accused shall not be entitled to be present.
(4) The power of the Full Court to pass any sentence Absence under this Ordinance may be exercised notwithstanding that of accused, the accused is for any reason not present.
7 Ed. 7, c. 23, s. 11.
(5) The Full Court in every appeal or case reserved under General this Ordinance shall, subject to the express provisions of this powers. Ordinance, have all the powers of the court of trial, with regard to sentence, commencement of sentence, costs, compensation, release on recognizances or any other matter.
4. Sections 68 and 109 of the Criminal Procedure Ordi- Repeal of nance, 1899, are repealed.
Ordinance No. 9 of 1899, s. 68
Passed the Legislative Council of Hong Kong, this and 109. 23rd day of March, 1933.
R. A. C. NORTH, Deputy Clerk of Councils,
Effect on sentence.
(2) The time during which any such person or appellant is admitted to bail under section 78 (1) or section 78A (9), and, subject to any directions which the Full Court may give to the contrary, the time during which any such person or appellant is in custody pending the determination of his case shall not count as part of any term of imprisonment under his sentence, which shall be deemed to be resumed or to begin to run, as the case requires, if the person or appellant is in custody, as from the day on which the case is determined by the Full Court, and, if he is not in custody, as from the day on which he is received into prison under the sentence.
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