CO129-468 - Governor Sir Stubbs - 1921 [6-8] — Page 304

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Enclosure 2.

301

ATTORNEY GENERAL'S CHAMBERS,

Hongkong, 9th July, 1921.

REPORT ON ORDINANCE NO. 10 of 1921.

1.

I have examined the accompanying Ordinance intituled an

Ordinance to amend the law relating to criminal procedure in the

Supreme Court, and I am of opinion that the Ordinance is one which

is not contrary to the Governor's Instructions.

2. The object of this Ordinance is to effect certain improve-

ments in the criminal procedure of the Supreme Court.

3. Section 2 effects two improvements in the law. In the first

place, it gives the Full Court power to order a new trial upon a

question of law reserved by the trial judge. The judges of

the Court of Criminal Appeal have frequently expressed the opinion

that that Court should have power to order a new trial.

4.

In the second place, section 2 provides that even if the ques-

tion reserved might be decided in favour of the accused the Full

Court may affirm the conviction if it considers that no substantial

miscarriage of justice has actually occurred. This provision is

taken from section 4(1) of the Criminal Appeal Act, 1907, 7 Edward

7, 0.23.

5.

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