Hospital order on disposal of appeal.
1968. c. 19, 1. 1.
Fifth Schedule.
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(ii) shall have the like powers of punishing or otherwise dealing with the appellant, and other powers, as the court of trial would have had if the jury had come to the substituted verdict: and
(b) in any other case, the Full Court shall sub- stitute for the verdict of the jury a verdict of acquittal.
(5) An order of the Full Court allowing an appeal in accordance with this section shall operate as a direction to the court of trial to amend the record to conform with the order.
83L. (1) Where, on an appeal under section 83J, the Full Court is of opinion that the case is not one where there should have been a verdict of acquittal but that there should have been a finding that the accused person was under disability, the Full Court shall make an order that the appellant be admitted to such mental hospital as may be specified by the Governor.
(2) Where in accordance with paragraph (5) of subsection (4) of section 83K the Full Court substitutes a verdict of acquittal, and it is of opinion-
(a) that the appellant is suffering from mental disorder of a nature or degree which warrants his detention in a mental hospital under observation (with or without medical treat- ment) for at least a limited period; and
(b) that he ought to be so detained in the inter- ests of his own health or safety or with a view to the protection of other persons,
the Full Court shall make an order that the appellant be admitted for observation to such mental hospital as may be specified by the Governor.
(3) The Fifth Schedule shall apply with respect to the consequences and effect of an order made by the Full Court under this section.
(4) On making an order under this section in the case of any person, the Full Court may give such direc- tions as it thinks fit for his conveyance to a place of
Fitch Schedule.
(Cap. 136.)
Right of appeal against linding of disability. 1968. *. 19. K. 15.
Disposal
of appeal under
* 83M.
1963, 6, 19.
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safety and his detention there pending his admission to a mental hospital within the relevant period specified in the Fifth Schedule.
(5) In section 52 of the Mental Health Ordinance (which relates to the removal to a mental hospital of persons serving sentences of imprisonment and is applied by subsection (5) of that section also to persons in other forms of detention) references to a person serving a sentence of imprisonment shall be construed as not including references to a person subject to an order of the Full Court under subsection (1).
Unfitness to stand trial
83M (1) Where there has been a determination under section 75 of the question of a person's Gimess to be tried, and the jury has returned a finding that be is under disability, the person may appeal to the Full Court against the finding.
(2) An appeal under this section may be-
(a) on any ground of appeal which involves a
question of law alone; and
(b) with the leave of the Full Court, on any ground which involves a question of fact alone, or a question of mixed law and fact. or on any other ground which appears to the Full Court to be a sufficient ground of appeal;
but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Full Court.
83N. (1) The Full Court shall allow an appeal under section 83M if it is of opinion-
(a) that the finding of the court of trial should be set aside on the ground that under all the circumstances of the case it is unsafe or un- satisfactory; or
(b) that the order of the court giving effect to the finding should be set aside on the ground of
a wrong decision of any question of law; or
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