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(7) The Supreme Court shall forthwith report to the Secretary of State any order of deportation made or confirmed by it and the grounds thereof, and shall also inform the Minister.
(8) If any person deported under this or any former Order returns to China without permission in writing of the Secretary of State (which permission the Secretary of State may give), he shall be deemed guilty of a grave offence against this Order; and he shall also be liable to be forthwith again deported.
91.—(1) Where any person is deported to any place to which he can most conveniently be sent through Hong Kong, and it is necessary to land and transship him at Hong Kong, he shall, on his arrival there, be delivered, with the warrant under which he is deported, into the custody of a Magistrate of Police at Hong Kong, who, on receipt of the person deported and of the warrant, shall detain him, and shall forthwith report the case to the Governor of Hong Kong, who shall, by warrant, cause the person so deported to be detained in custody until a convenient oppor- tunity occurs for sending him to the place to which he has been deported, and shall then send him, under the warrant in virtue of which he has been deported, to that place.
(2) Where a person not belonging to Hong Kong is sentenced to imprisonment and deportation under Article 89 (4), and is sent for imprisonment to Hong Kong, the Governor of Hong Kong shall, if lawfully empowered thereto, deport such person' to the place to which he was ordered by the Court to be deported; and if not so empowered, the Governor shall cause such person to be sent back to Shanghai.
Appeals in Criminal Cases.
92. Any person who is convicted of an offence on a trial under Article 49, or who is sentenced on a conviction for an offence under Article 52, to be imprisoned without the option of a fine, may appeal to the Full Court-
(i) Against his conviction—
(a) On any ground of appeal which involves a
question of law alone; or
(b) With the leave of the Full Court, or upon the certificate of the Court which tried him that it is a fit case for appeal, against his con- viction on any ground of appeal which in- volves a question of fact alone, or a question of mixed law and fact; or
(c) With the leave of the Full Court, on any other ground which appears to the Full Court to be a sufficient ground of appeal ;
(ii) With the leave of the Full Court, against the sentence passed on his conviction, unless the sentence is one fixed by law.
93. After the hearing and determination at a summary trial under Article 52 of any information or complaint, either party to
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such summary trial may, if dissatisfied with the said determina- tion as being erroneous in point of law, appeal to the Full Court.
94.—(1) When a person desires to appeal to the Full Court under Articles 92 or 93 he shall give notice of his Appeal, or of his application for leave to appeal, to the Court against whose judgment or sentence he desires to appeal, in such manner as may be prescribed, within seven days of the date of his conviction or of the determination of an information or complaint.
(2) An appellant may, in such manner as may be prescribed, present his case and his argument in writing, and deliver the same to the Registrar of the Court before which the trial took place. The respondent may in like manner present his case and argument in writing, and deliver the same to the Registrar of the said Court.
(3) Such Court shall thereupon send under the seal of the Court to the Registrar of the Supreme Court the notice, the case, and the argument, if any, and a report by the Judge who pre- sided at the trial, together with such other papers and in such manner as may be prescribed.
(4) Where the trial took place before a Judge of the Supreme Court, sitting elsewhere than at Shanghai, the papers may be transmitted to the Registrar of the Supreme Court through the Provincial Court of the district.
95. Where notice is given under Article 94, the Court before which the trial was had may, as it thinks fit, either postpone judgment on the conviction or respite execution of the judgment, and either commit the person convicted to prison or take security for him to come up for judgment or to deliver himself for execu- tion of the judgment (as the case may require) at the appointed time' and place.
96. An appellant shall not be entitled to be present at the hear- ing of an Appeal except by leave of the Full Court, or of the Court before which he was convicted.
97.-(1) Appeals under Articles 92 or 93 shall be heard and determined by the Full Court.
(2) In the hearing and determination of such Appeals the Full Court shall, so far as circumstances admit, follow the practice of the Court of Criminal Appeal in England and the provisions con- tained in sections 1 (5), 4, 5, 6, 8, 9, 11 (2), 14 (2) (3), 17, and 21 of the Criminal Appeal Act, 1907 (7 Edw. VII, c. 23).
(3.) Provided that the Full Court shall not annul a conviction or sentence, or vary a sentence, on the ground-
(a) Of any objection which, if stated during the trial, might, in the opinion of the Court, have been properly met by amendment at the trial; or
(b) of any error in the summoning of the jury or the asses-
sors; or
(c) of any person having served as a juryman or an assessor
who was not qualified; or
(d) of any objection to any person as a juryman or assessor which might have been raised before or at the trial; or
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