1972-HKRS28-16-20_Part01 — Page 44

(Cko. 121)

Review of sentence by Full Court,

#}, N. RICHLq)

of the Cradlaal

Procedure Ondlace.

(2) An application under subsection (1) shall- (a) be in writing signed by the Attorney General: (b) be accompanied by the record of the case,

or a copy thereof;

(c) be filed with the Registrar within 14 days. or within such further time as the Full Court may allow, after the date on which the sentence was passed.

(3) The Full Court may order a respondent to be detained in custody until an order has been made under section 81B(1).

(4) The Full Court may, if it seems fi, on the application of a respondent, admit the respondent to bail pending the hearing of the application.

น

(5) The Full Court may, if it refuses an applica- tion, award against the Attorney General such amount of costs as it may determine, save that the amount shall not, if the respondent is legally aided, exceed the total of the contributions which he is liable to make.

(6) In this section and sections 81B and 81C- "respondent" means a person on whom a sentence has

been passed;

"sentence" includes any method of disposing of a case following a conviction and an order under sec- tion 36 of the Magistrates Ordinance.

818. (1) Upon the hearing of the application the Full Court may, by order-

(a) if it thinks that the sentence was not authorized by law, was wrong in principle or was manifestly excessive or manifestly inadequate, quash the sentence passed by the court and pass such other sentence (whether more or less severe) warranted in law in substitution therefor as it thinks ought to have been passed:

(b) in any other case, refuse to alter the sentence.

(2) The Attorney General and the respondent shall have the right to be heard on the hearing of the review of a sentence.

Limitation on review of sentence by Full Court under section 81B.

Op. 177.J

3

(3) For the purposes of this section the Full Court may exercise any of the powers conferred by section 81(9).

81C. (1) The Full Court shall not review a sentence under section 81B if the respondent bas-

(a) appealed under section 81, unless the appeal

has been withdrawn;

(b) applied under section 104 of the Magistrates Ordinance to a magistrate to review his decision, unless the application has been withdrawn or disposed of; or

(c) applied under section 105 of the Magistrates Ordinance to a magistrate to state a case, unless the application has been withdrawn or disposed of.

(2) Nothing in section 81B shall prejudice the exercise of a right of appeal conferred on a convicted person by this or any other Ordinance.

(3) This section, and sections 81A and 81B, shall expire on the 30th day of April 1975 or on such other date as the Legislative Council may determine by resolution.".

Passed by the Hong Kong Legislative Council this 12tb day of April, 1972.

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.

А

Clerk to the Legislative Council.