Addition al New Section
RIXX.
2
3. The principal Ordinance is amended by adding after section 83X the following new section-
costa by
Coun of
Apocal
Tel 1971
2. 14, 17.)
Aamendosent cut asedon $37.
4.
83XX. (1) This section applies to any appeal-
(a) under section 82 against conviction;
(b)
under section 83) against a verdict of not guilty by reason of insanity;
(e) under section 83M against a «finding under section
75 that the appellant is under disability,
(2) Whore an appeal to which this section applier is allowed, the Court of Appeal may, subject to subsection () order the payment out of the public revenue of the costs of the appellant.
(3) No order shall be made under this section where-
at in the case of an appeal referred to in subsection (Kak the appellant is ordered under section 83E to be retried;
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(b) in the case of an appeal referred to lo subsection (1)(8), the provisions" of section 83K(4)0) apply; or (c) in the case of an appeal referred to in subsection
(1)Xc), the provisions of section 23N(3) apply. (4) The costs payable under this section shall be such sums as appear to the Court of Appeal reasonably sufficient to compensale the appellant for any expenses properly incurred by him in the appeal, including any proceedings preliminary or incidental thereto or in the court of trial or before a magistrate.
(5) The amount of costs ordered to be paid under this section shall, except where the amount is fixed by the Court of Appeal. be ascertained by the Registrar".
Section 83Y(2) of the principal Ordinance is amended-
(a) in paragraph (6) by deleting the full stop and substituling a
semicolaw,
(b) by adding after paragraph (k) the following new paragraph-
“() to make orders under section 83XX for the payment of
COSLS.".
Passed by the Hong Kong Legislative Council this 11th day of January, 1978.
Pa
Clark to the Legislative Council.
This printed impression has been carefully compared by me with the bill and is found by rue to be a true and correctly printed copy of the said bil.
No. 3 of 1978
Clerk to the Legislative Council.
Jassenl
2.
Goveror
12th Fantus p