Restitution of property on con- viction.
1948, c. 19. 3. 30.
Powers of Full Court under Fart
TV which
are exercis able by
single judge.
1968, C. 19,
- 31.
24
being so admitted shall be disregarded in computing the term of any sentence to which he is for the time being subject.
(4) The term of any sentence passed by the Full Court under section 83A. 83B, 83C, 831 or subsection (4) of section 83K shall, unless the Full Court other- wise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.
83X. (1) The operation of an order for the restitution of property to a person made on a convic- tion on indictment shall (unless the court of trial direct to the contrary in any case in which, in its opinion. the title to the property is not in dispute) be sus- pended-
(a) in any case until the expiration of twenty- eight days from the date of conviction; and (b) where notice of appeal or of application for leave to appeal is given within twenty-eight days from the date of conviction, until the determination of the appeal.
(2) In cases where the operation of such an order is suspended until the determination of the appeal, the order shall not take effect as to the property in question if the conviction is quashed on appeal.
(3) Provision may be made by rules and orders made under section 9 for securing the safe custody of any property, pending the suspension of the opera- tion of any such order.
(4) The Full Court may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the com- viction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.
Supplementary
83Y. (1) The powers of the Full Court under ibis Part which are specified in subsection (2) may be exercised by a single judge in the same manner as they may be exercised by the Full Court and subject to the same provisions.
(2) The said powers are the following—
(a) to give leave to appeal;
25
(b) to extend the time within which notice of appeal or of application for leave to appeal may be given;
(c) to allow an appellant to be present at any
proceedings;
(a))
to order a witness to attend for examination: (e) to admit an appellant to bait;
(f) to make orders under subsection (2) of section
83F and discharge or vary such orders:
(g) to give directions under subsection (1) of
section 83W;
(H) to give leave to apply for the review of a
sentence under section 81A.
(3) If the single judge refuses an application on the part of an appellant or applicant to exercise in his favour any of the powers above specified, the appellant or applicant shall be entitled to have the application determined by the Full Court.”.
19. The principal Ordinance is amended by inserting, before the sub-heading to section 84, the following-
"PART IVA
OTHER PROCEEDINGS SUBSEQUent to TriaL”
Addition of new Part IVA.
20. The principal Ordinance is amended by adding, after the Addition of Third Schedule, the following new Schedules-
new Schedules.
1964. c. 64. SCB. J 1968, 19, Sat. 3,
Pares. 1. 2).
(Cap. 136.1
"FOURTH SCHEDULE
EFFECT OF ORDERS FOR ADMISSION TO HOSPITAL
[5. 76.]
1. (1) Am order for admission to a mental hospital under subsection (1) of section 76 shall be sufficient authority for any person acting under the authority of the Governor to take the person to whom the order relates and convey him at any time within the period of twenty-eight days (beginning with the date on which the order was made) to the mental hospital specified by the Governor.
(2) The court by which any such order as aforesaid is made may give such directions as it thinks fit for the con- veyance of a person to whom the order relates to a place of safety and his detention therein pending his admission to the mental hospital within the said period of twenty-eight days.
(3) Where a person is admitted within the said period to the mental hospital specified by the Governor under sub- section (1) of section 76, such order shall be sufficient authority for the medical superintendent to detain him therein in accordance with section 45 of the Mental Health Ordinance as applied by paragraph 2 of this Schedule,