1972-HKRS28-16-20_Part02 — Page 34

(Cap, 136)

South Schedule.

Appeal against sentence

following conviction on indict- Alent 1908. c. 19.

Appeal against sentence in other cases

dealt with

al the Supremo

Court. 1963, 6, 19,

10

12

virtue of the original conviction or any order made on that conviction.

(3) If the person ordered to be retried was, immediately before the determination of his appeal, liable to be detained in pursuance of an order under Part IV of the Mental Health Ordinance-

(a)

that order shall continue in force pending the retrial as if the appeal had not been allowed; and

(b) any order made by the Full Court under this section for his custody or admission to bail shall have effect subject to the said order.

(4) The Sixth Schedule shall have effect with respect to the procedure in the case of a person ordered to be retried and the sentence which may be passed if the retrial results in his conviction.

Appeal against sentence

836. A person who has been convicted of an oflence on indictment may appeal to the Full Court against any sentence (not being a sentence fixed by law) passed on him for the offence, whether passed on his conviction or in subsequent proceedings.

83H. (1) This section has effect for providing rights of appeal against sentence when a person is dealt with by the Supreme Court (otherwise than on appeal from a magistrate) for an offence of which he was pol convicted on indictment.

(2) The proceedings from which an appeal against sentence lies under this section are those where an offender---

(a) is committed by a magistrate under subsec- tion (3) of section 81B of the Magistrates Ordinance, or

(6)

having been made the subject of a probation order or an order for conditional discharge or given a suspended sentence, appears or is brought before the court to be further dealt with for his offence.

(3) An offender dealt with for an offence in the Supreme Court in a proceeding to which subsection (2)

(Cup. 220.1

Supple- mentary provisions

as to appeal against Sentence.

1968. c. 19, F. 11.

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applies may appeal to the Full Court in any of the following cases-

(a) where either for that offence alone or for that offence and other offences for which sentence is passed in the same proceeding, he is sentenced to imprisonment for a term of six months or more; or

(6) where the sentence is one which the court

convicting him had not power to pass; or

(c) where the court in dealing with him for the

offence makes in respect of him-

(i) a recommendation for deportation; or (ii) an order disqualifying him from hold- ing or obtaining a driving licence to drive a motor vehicle under Part IV of the Road Traffic Ordinance; or

(iii) an order under section 109€.

(4) For the purposes of paragraph (a) of subsec+ tion (3), any two or more sentences are to be treated as passed in the same proceeding if-

(a) they are passed on the same day; or

(b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence; and consecutive terms of imprisonment and terms which are wholly or partly concurrent are to be treated as a single term.

#31. (1) An appeal against sentence, whether under section 83G or 83H, lies only with the leave of the Full Court.

(2) Where the court, in dealing with an offender on bis conviction on indictment, or in a proceeding to which subsection (2) of section 83H applies, has passed on him two or more sentences in the same proceeding (which expression has the same meaning in this sub- section as it has for the purposes of section 83H), being sentences against which an appeal lies under section 83G or 83H, an appeal or application for leave to appeal against any one of those sentences shall be treated as an appeal or application in respect of both or all of them.