Application
el s. 156 mad
157 vo trials by Cortsmartlak
Det. 1976 2. 83, * $1)
504)=(6)|
[45, 1976, 6, 82. 1. X6.]
Transitiond
(d. 1976 « $2.
L. ROJ
1.58 (1) ta relation to a person charged with a rape offence in pursuance of any provision of the Naval Dia- cipline Act 1957, the Army Act 1953 or the Air Force Act 1955, section 156 shall bave effect with the following modifications, namely—
(a) any reference to a trial or a trial before the High Court shall be construed as a reference to a trial by court-martial;
(b) for any reference in section 156(2) to a judge there shall be substituted a reference to the officer who is authorized to convene or has convened a court- martial for the trial of the offence (or, if after convening it he has ceased to hold the appointment by virtue of which he convened it, the officer hold- ing that appointment) and for any reference in subsection (4) of that section to such a judge there shall be substituted a reference to the court; (c) for any reference in section 156(5) to the Court of Appeal there shall be substituted a reference to the Courts-Martial Appeal Court; and
(d) in section 155(7) for paragraphs (a) to (d) there shall be substituted the words "he is charged with a rape offence in pursuance of any provision of the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955";
and section 157 shall apply accordingly.
(2) In relation to a person who, having been charged with a rape offence in pursuance of any provision of any of the Acts specified in subsection (1), has been convicted of an offence and has given notice of an appeal to the Courts-Martial Appeal Court against the conviction, or notice of an application for leave so to appeal, a direction given by a judge of that Court that section 156(1) shall not, by virtue of an accusation which alleges a rape offence and is specified in the direction, apply in relation to a com- plainant so specified, shall be deemed to be a direction given by the Courts-Martial Appeal Court in pursuance of subsection (5) of that section (as modified by this section),
(3) In this section and is section 156 as modified by subsection (1)
"court-martial' means a court-martial under any of the Acts
specified in subsection (1);
"Courts-Martial Appeal Court" means the Courts-Martial
Appeal Court established by the Courts-Martial (Appeals) Act 1951 (or the purpose of hearing appeals from naval, army and air force courts-martial, and continued in existence by the Courts-Martial (Appeals) Act 1968.
159. Sections 154 and 153 shall not have effect in relation to a trial or inquiry which begins before the coming into operation of the Crimes (Amendment) (No. 2) Ordinance 1978.".
5.
7
Section $3Y(1) of the Criminal Procedure Ordinance is amended Lacsicmal by inserting after "subsection (2) the following -
4.
"and the power to give directions under section 156(5) of the Crimes Ordinance".
vendu of Criminal Prosedure Orduan. (Cap. 2010) tet. 1976 v. KI,
10.]
The Magistrates Ordinance is amended in item 2 of Part III of Incidental the Second Schedule by inserting after "53" the following--
or 123.
Passed by the Hong Kong Legislative Council this 26th day of April, 1978.
Plan
Clerk to the Legislative Council.
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.
Plan
Clerk to the Legislative Council.
arendabent of Magist Ordinance. (Cap. 227)