Repeal and
3. Section 122 of the principal Ordinance is repcaled and replacement replaced by the following section-
of section
122.
**Treatment
of appel- lants pending appeal or re-hearing.
122. (1) A judge may, on the application of an appellant who is in custody, order the appellant to be brought up to the court in custody for the purpose of attending his appeal or any application or any proceeding therein,
(2) Without prejudice to subsection (1), a judge may, on the application of an appellant who is in custody, admit the appellant to bail pending the deter- mination of his appeal or any proceeding therçin.
(3) The time during which an appellant is held in custody pending the determination of bis appeal or any application or proceeding therein shall, subject to any direction which a judge may give to the coa- trary, be reckoned as part of the term of any sentence to which he is for the time being subject.
(4) Where an appellant is admitted to bail under subsection (2) or under paragraph (a) of section 119.. the time during which he is at large after being so admitted shall not be reckoned as part of the term of any sentence to which he is for the time being subject.
(5) The term of any sentence passed by a judge on an appeal shall, unless a judge otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.
(6) Paragraph (a) of section 119 and subsections (1) to (5) of this section shall apply to the case of a review under the provisions of section 104, in like manner as if the convicted person were an appellant, save that references to a judge shall be construed as references to the magistrate and references to an appeal shall be construed as references to a review.”.
Passed by the Hong Kong Legislative Council this 14th day of August, 1974.
инглиси
Clerk to the Legislative Council.
3
This printed impression has been carefully compared by me with the bill, and is found by me to be a true and correctly printed copy of the said bill.
лучете
Clerk to the Legislative Council.