Amendment of Section 813,
Amendment of
(b) in subsection (2)c), by-
(Cap. 2273
(D) deleting "14" and substituting the following
"21":
(ii) inserting after "passed" the following
"or any proceedings for the review, under section_104 of the Magistrales Ordinance, of the sentence or of the conviction on which the sentence was passed, were with- drawn or disposed of";
(c) by inserting after subsection (2) the following subsections→→
*(2A) The following documents are specified for the purpose of subsection (2)(b)
(Cap. 336)
リ
(a) in the case of a sentence, passed by a magistrate, a statement of the facts found by him or admitted before him and of the reasons for the sentence:
() in the case of a sentence passed by a District Judge, theystatement of the reasons for the verdict placed on record in accordance with section 80 of the District Court Ordinance and a statemeal of the reasons for the sentence;
() in the case of a sentence passed by a judge of the Supreme Court, the record of the whole of the proceedings before bim other than the evidence given in any trial that took place in those proceed- ing:
(4) in any case, any report concerning the respondent which was before the court which passed the sentence.
(29) The documents, or copies of the documents, specified in subsection (2A) shall be delivered to the Attorney General within 7 days of a request therefor being made in writing to the magistrate or District Judge who passed the sentence or, if the sentence was passed by a judge of the Supreme Court, to the Registrar."{
(d) in subsection (6)-
5.
(i) by deleting the semicolon and substituting a full stop; and (ii) by deleling the defluition of "sentence”.
Section BIB of the principal Ordinance is amended by inserting after subsection (2) the following subsection--
(2A) The Court of Appeal may hear and determine an applica- tion for the review of a sentence notwithstanding that the respondent is not present, if the respondent has been served with an application or notice of il".
6. Section BIC of the principal Ordinance is amended—
(a) in subsection (1) by deleting paragraph (a) and substituting the
following-
"(a) appealed against the conviction in respect of which the sentence was passed, unless the appeal has boco with- drawn or disposed of;";
J
(5) in subsection (2) by inserting after "Ordinance" the following-
7.
CE
but the Court of Appeal may bear together an applica- tion for the review of a sentence and an appeal by the respondent under this Part against the sentence“.
The principal Ordinance is amended by inserting after section 81C Addliens cal new the following sub-heading and section-
Reference Court of Appeal of
li Taw following Pego(a),
1972 c. 71, + 36.
8.
"Reference of question of law
81D. (1) Where a person tried on indictment has been acquitted (whether in respeel of the whole or part of the indictment) the Attorney General Duy, if he desires the opinion of the Court of Appeal on a question of law which has arisen in the case, refer that question to the Court of Appeal which shall, in accordance with this section. con- sider the point and give its opinion on it.
(2) For the purpose of its consideration of a question referred to them under this section the Court of Appeal shall hear argument-
(a) by, or by counsel on behalf of the Attomey
General;
(6) if the acquilled person desires to present any argu- ment, by counsel on his behalf or, with the leave of the Court of Appeal, by the acquitted person himself; and
(c) if the Court of Appeal so directs, by counsel
appointed as amicus curiae by the Registrar.
(3) Where, on a question being referred to the Court of Appeal under this section, the acquitted person appears by counsel for the purpose of presenting any argument to the Court of Appeal, he shall be entitled to his costs. that is to say to the payment oul of the general revenue of such sums as are reasonably sufficient to compensate him for any expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this subsection shall be ascertained as soon as practic- able by the Registrar.
(4) A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.".
Section 83Y(2) of the principal Ordinance is amended- (a) by deleting the full stop at the end of paragraph (7) and sub-
stituting a semicolon; and
(6) by inserting after paragraph (0) the following paragraph--
" to order a respondent to be detained in custody under
section 81A(3)”.
Hub-leading nod Bertino 31D.
Aaaeadracat of section 83Y.
The principal Ordinance is amended by inserting after section 84 Addition of new the following sub-heading and sections-
Criminal
order this 9. polvisted
pengga.
197) 6. 62.
6. 39,
"Criminal bankruptcy orders
B4A. (1) Where a person is convicted of an offence before the court and it appears to the court that—
(a) as a result of the offence, or of that offence taken cogether with any other relevant offences, loss or damage (not attributable to personal injury) has been suffered by one OT more persons whose identity is known to the court; and
Sub-bending and section M4A, and 848.