1979-HKRS28-16-27_Part01 — Page 48

Appeals in the

case of criminal

bokrany ordera.

1973, E. 42.

* 40.

(6) the amount, or aggregate amount, of the loss or

damage exceeds $150,000,

the court may, in addition to dealing with the offender in any other way (but not if it makes a compensation order against him under section 73), make an order, to be called a criminal bankruptcy order, against him in respect of the offence or, as the case may be, that offence and any other relevant offences.

(2) In subsection (1) "relevant offences" means offences- (a) of which the person in question is convicted in the

same proceedings;

(b) which the court takes into consideration in deter

mining its sentence; or

(c) which, whether or not they are specifically charged or admitted, a judge of the court is satisfied are proved by the evidence adduced by the prosecution in the same proceedings.

(3) A criminal bankruptcy order shall specify- (a) the amount of the loss or damage appearing to the court to have resulted from the offence or, if more than anc. the total amount appearing to have resulted from all the offences,

(b) the person or persons appearing to the court to

have suffered that loss or damage;

(c) the amount of that loss or damage which

appears to the court that person, or cash of those persons, has suffered; and

[ơ) the date which appears to the court to be the carliest date on which the offence or, if more than one, the earliest of the offences, was committed. (4) A criminal bankruptcy order may be made agalust two or more offenders in respect of the same loss or damage. (5) The Governor ia Council may by order amend sub- section (1)(6) by substituting, for the amount specified therein, such amount as may be specified in the order.

(6) In this section "court" includes the District Court. 848. (1) No appeal shall be against the making of a criminal bankruptcy order.

(2) Where a person successfully appeals to the Court of Appeal against his conviction of an ollence by virtue of which such an order was made, the Court of Appeal shall rescind the order unless he was convicted in the same pro- ceedings of another offence of which he remains convicted and a criminal bankruptcy order could have been made without reference to loss or damage caused by the first- mentioned offence, and where, accordingly, the Court of Appeal does not rescind the order it shail amend it by striking out so much of it as relates to loss or damage caused by the offence in respect of which the conviction is quasbed.

(3) Where on an appeal by a person against his con- viction of an offence by virtue of which a criminal back- ruptcy order was made the Court of Appeal substitutes a verdict of guilty of another offence, the Court of Appeal shall-

(a) rescind the order if a criminal bankruptcy order could not have been made against that person it he had originally been convicted of that other offense;

(b) in any other case. amend the order so far as may be required in consequence of the substitution of a verdict of guilty of the other offence.

(4) Where the Court of Appeal rescinds or amends a criminal bankruptcy order, the rescission or amendment shall not take effect--

(a) in any case until the expiration of 14 days from

the date of the decision of the Court of Appeal; (b) if within that period an application is made for special leave to appeal to the Privy Council against the Court of Appeal's decision on the appeal against conviction, so long as the appeal is pending: and

(c) If on such an appeal the conviction is restored by

the Privy Council.

(5) For the purposes of subsection (4) an appeal to the Privy Council shall be treated as pending until any applica- tion for special leave to appeal is disposed of and, if special leave to appeal is granted," until the appeal is disposed of; and if no application for special leave to appeal is made before the expiration of 14 days from the date of the deci- sion of the Court of Appeal, the rescission or amendment shall take effect al the end of that time.“.

14. The Supreme Court Ordinance is amendest—

(a) in section 1303) by deleting paragraph (c) and substituting the

following-

"(c) the consideration of

(i) applications by the Attomey General for the Teview of any sentence under section 81A(1) of the Crimmal Prosedure Ordinance;

(i) references by the Altomey General of questions of law under section $1D of the Criminal Procedure Ordinance;";

(5) in section 34(7)–––

(by deleling "and" where it occurs after "Court of Appeal" and substituting a comma:

(i) by inserting after "sentence" the following-

and the consideration of a reference by the Attorney General of a question of law,”; and

(ii) by deleting "and 81A" and substituting the following—

B1A and BID".

་

Passed by the Hong Kong Legislative Council this 25th day of April 1979.

Ра

Clerk to the Legislative Council.

Comequend

(Cep. 4.)

C.