1972-HKRS28-16-20_Part02 — Page 38

1968, c. 19.

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Provided that, where sentence was passed more than seven days after the date of conviction, verdict or finding, notice of appeal, or of application for leave to appeal, against the conviction, verdict or finding may be given within twenty-eight days from the date on which sentence was passed,

(3) The time for giving notice under this section may be extended, either before or after it expires, by the Full Court.

(4) In the case of a conviction involving sentence sch. 4. Park. 1 of death the power of the Full Court under subsection (3) to extend the time for giving notice of appeal or notice of application for leave to appeal, shall not be exercisable.

1968, 39, Sch. 4. Farë, 20×1, (21.

IGN 1968,

2. 17. Scb. 5.

THU 11

(5) In the case of a conviction involving sentence of death or corporal punishment-

(v) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal or of application for leave to appeal may be given under this Ordinance; and

(b) if notice is so given, the appeal or application shall be heard and determined with as much expedition as is practicabic, and the sentence shall not be executed until after the deter- mination of the appeal, or, in cases where an application for leave to appeal is finally refused, of the application.

(6) (a) Where a protected prisoner of war or

protected internes has been sentenced to death or to imprisonment for a term of two years or more, the time within which he musi give notice of appeal or of an application for leave to appeal shall, notwithstanding the provisions of subsection (1), be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of ten days after the date on which he received a notice given-

() in the case of a protected prisoner of war, by an officer of Her Majesty's forces;

(ii) in the case of a protected internes, by or on behalf of the Commissioner of Prisons,

(1957 252)

(vad. 20. App. II.

19. BF 1.)

Bail.

1968. G. 19.

19,

Disposal of groundless appeal. 1960. 6. 19.

■. 20,

Preparation

of case for hearing. 1969. c. 19. 0. 21.

Right of appellant to be present. 1968, c. 19.

1. 22.

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that the protecting power has been notified of his conviction and sentence.

(6) For the purposes of this subsection, the expression "protected prisoner of war", "pro- tected internee" and "the protecting power" have the meanings assigned to them by the Geneva Conventions Act, 1957, as applied to Hong Kong by the Geneva Conventions Act (Colonial Territories) Order in Council 1959.

83R. The Full Court may, if it thinks fit, on the application of an appellant, admit him to bail pending the determination of his appeal.

835. If it appears to the Registrar that a notice of an appeal purporting to be a ground of appeal which involves a question of law alone does not show any substantial ground of appeal, he may refer the appeal to the Full Court for summary determination; and where the case is so referred the Full Court may. if it considers that the appeal is frivolous or vexatious, and can be determined without adjourning it for a full hearing, dismiss the appeal summarily, without calling on anyone to attend the bearing or to appear for the Crown thereon.

83T. (1) The Registrar shall-

(a) take all necessary steps for obtaining a hear- ing of any appeal or application of which notice is given to him and which is not referred and dismissed summarily under sec- tion 835; and

(b) obtain and lay before the Full Court in proper form all documents, exhibits and other things which appear necessary for the proper determination of the appeal or application.

(2) Rules and orders made under section 9 may enable an appellant to obtain from the Registrar any documents or things, including copies or reproductions of documents, required for his appcal.

The hearing

83U. (1) Except as provided by this section, an appellant shall be entitled to be present, if he wishes it. on the hearing of his appeal, although he may be in custody.