1972-HKRS28-16-20_Part02 — Page 42

Savings and transitional provisions.

Det 1964, c. 84, * B(3)

*, B(5)(a), (e))

(CAP. 136.3

Ich. 1964, £. 14.

8MM)

1964. c. 84, 4. MIKEL

1968, 19, Schedule 3.

(p. 116)

(Cap. 196.)

28

(5) In this paragraph "senlence" has the meaning assigned by section 80.

SEVENTH SCHEDULE

APPLICATION of Part IV or Mental Health ORDINANCE WHERE ORDER MADE UNDER

SECTION 83N

Order for custody pending trial

Es. 83N.]

Where an order is made by the Full Court under subsection (3) of section 83N of this Ordinance for a person to be kept in custody pending trial, sections 53 and 54 of the Mental Health Ordinance. shall apply to him as they apply to the persons listed in paragraphs (6) to (d) of subsection (2) of section $3 of the Mental Health Ordinance.

Order for continued detention under Mental Health Ordinance

2. Where an order is made by the Full Court under subsection (3) of section 83N of this Ordinance for a person's continued detention under the Mental Health Ordinance, Part IV of that Ordinance (admission of patients concerned in criminal proceedings and transfer of patients under sentence) shall apply to him as if he had been ordered under the said subsection (3) to be kept in custody pending trial and were detained in pursuance of a transfer order.".

21. (1) Section 54(2) of the principal Ordinance (as inserted by this Ordinance) shall not apply with regard to the trial of any offence, with which the accused person was charged before the commencement of this Ordinance.

(2) Sections 74, 75, 76(1) and 76A of the principal Ordinance tas replaced by this Ordinance) shall not apply where the accused person was arraigned before the commencement of this Ordinance, and the repealed sections 74, 75 and 76 of that Ordinance, and section 57 of the Mental Health Ordinance (as repealed by this Ordinance) shall continue to apply to such case, as if this Ordinance had not been passed.

(3) Section 81(5){d) of the principal Ordinance (repealed by this Ordinance) shall continue to apply to appeals the hearing of which began before the commencement of this Ordinance, as if this Ordinance had not been passed

(4) Sections 83D, 831 and 83M of the principal Ordinance (as replaced by this Ordinance) shall apply whenever the accused person was arraigned, but-

(a) section 83D shall not apply where the hearing of the appeal began before the commencement of this Ordinance; (b) section 831 shall not apply where a special verdict under section 75 of the principal Ordinance (repealed by this

29

Ordinance) was returned before the commencement of this Ordinance:

(c) section 83M shall not apply where a finding that the accused person is under disability was recorded before the commencement of this Ordinance.

(5) Sections 83E and 83F of the principal Ordinance (as replaced by this Ordinance) shall apply to convictions before as well as after the commencement of this Ordinance.

(6) Section 83W of the principal Ordinance (as replaced by this Ordinance) shall not apply to any person whose appeal was determined by the Fall Court before the commencement of this Ordinance, and section 83(2) of the principal Ordinance (repealed by this Ordinance) shall continue to apply to such persons as if this Ordinance bad not been passed.

(7) Any right of appeal subsisting immediately before the commencement of this Ordinance by virtue of an enactment re- pealed thereby shall after its commencement be treated as subsist- ing by virtue of the corresponding enactment in this Ordinance.

(8) Any appeal or application pending before the commence- ment of this Ordinance under an enactment so repealed may be prosecuted and disposed of in accordance with the provisions of this Ordinance corresponding to those in force immediately before its commencement and applicable to the appeal or application.

(9) In so far as any order made, direction given or other thing done under an enactment repealed by this Ordinance could have been made, given or done under a corresponding provision of this Ordinance. It shall not be invalidated by the repeal of thar chactment but shall have effect as if made, given or done under that corresponding provision.

(10) The mention of particular matters in this section shall not affect the general application of section 23 of the Interpreta- tion and General Clauses Ordinance with regard to the effects of repeals.

22. The enactments specified in the first column of the Schedule are amended to the extent and in the manner set out in the second column of that Schedule.

Dunier Coutt Ordinance.

SCHEDULE

[s. 23.]

CONSEQUENTIAL AMENDMENTS

Section 37 is amended by deleting "83" and substituting the following -

"RY"

Tot 1964, p. 43.

kt. 1966, c. 31,

* 6

1968. c. 19, Sch. 6.

MO

Consequential amendments. Schedale.

(CAp. 5.)