1973-HKRS28-16-21_Part02 — Page 4

5

Engciment

(Cap. UM)

Apocalin

hobeas corpu

proceedlog.

Amendment

grounds, whether to the same court or judge or to any other court or judge, unless fresh evidence is adduced in support of the application.

(3) In every case where the person by or in respect of whom an application for habeas corpur is made is restrained as a person liable, or treated by virtue of any enactment as liable, to be detained in pur- suance of an order or direction under Part TV of the Mental Health Ordinance (other- wise than by virtue of paragraph (e) or (f) of section 33(2) of that Ordinance), the application shall be deemed for the purposes of this section and of any appeal in the proceedings to constitute a criminal cauSE or matter.

HE (1) No appeal shall be from an order made by a single judge on a criminal ky. 1960 c. 65, application for kabeas corpus for the release

15.1

of the person restrained.

Power of

COUNT TO VATY

MLADENCE CHIL

gentonant.

(2) Ao appeal shall lie as of right to the Pull Court from an order made by a single judge on a civil application for habeas corpus for the release of the person restrained as well an against the refusal of such an order.

11F. (1) Where a person who has been sentenced for an offence by a magis- trate or by the District Court applies to the 167, 1960 c. 65. court for un order of certiorari to remove 1. 16.1

the proceedings before the magistrale or of the District Court into the court, and the court determines that the magistrate of the District Court had no power to pass the sentence, the court may, instead of quashing the conviction, amend it by substituting for The sentence passed any sentence which the magistrate or the District Court had power to impose.

(2) Any sentence passed by the court by virtue of this section in substitution for the sentence passed in the proceedings be- fore a magistrate or of the District Court shall, unless the court otherwise directs, begin to run from the time when it would have begun to run it passed In those proceedings.

(3) This section shall apply, with the necessary modifications, in relation to any order of a magistrate or the District Court

Enactment

PA 19600

MUM.

Amendment

which is made an, but does not form part of, the conviction of an offender as it applics in relation to a conviction and sentence."

*. The following new section is added after section 37—–

Appeal In

37A. (1) Subject to this section, an appeal shall lie from any order or decision JOONILEDNIK CHE

of a court in the exercise of jurisdiction to 147, 1960 c. 63. ponish for contempt of courl, including criminal contempt; and in relation to any wch order or decision this section shall have effect in substitution for any other enact- mont relating to appeals in civil or criminal proceedings.

■. 13.

(2) An appeal under this section shall lie to the Full Court in any case at the instance of the person against whom the proceedings for contempt of court were brought or the order was made and, in the case of an application for committal or attachment, at the instance of the applicant,

(3) The Full Court may on appeal reverse or vary the order or decision of a court, and make such other order as may be just; and without prejudice to the powers of any court to grant bail, provision may be made by rules, of court for authorizing the release on bail of an appellant under this section.

(4) In this section- let. 1960 c. 65, "court" means any court of the Colony, 1. 13653)

any tribunal and any person, having power to punish for contempt; and references in this section to an order or decision of a court in the axercise of jurisdiction to punish for contempt of court include references to an order or decision of any court under any enactment enabling the court to deal with an offence as if it were contempt of court.

Kap. 213

(5) This section does not apply to a conviction or sentence in respect of which an appeal lies under the Criminal Procedure Ordinance, or to a decision of the Full Court under that Ordinance; and for the purposes of that Ordinance and of this sub- section an order for the punishment of any person for contempt of court in proceedings in which he has a right of appeal against his sentence shall be treated as part of that sentence.".