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COURT OF CRIMINAL APPEAL
DRAFT BILL OF CONDITIONS AND PROCEDURE
TO BE SUBMITTED
TO LEGISLATIVE COUNCIL
ત્વમાં
MEDICAL WORK IN NEW TERRITORIES
An Amalgamation Of Effort
WELCOME ANNOUNCEMENT AT CHARITY BALL
The welcome announcement' was' made on Saturday evening at the Charity Ball of the St. John Ambulance New Territory Medical of Po any person, should be Benovalent Branch, that an amal-
Gazette The Government : March 3 contains a Draft Bill sett-1 ing up a court of Criminal appeal in the Colony.
The Chief Justice may make rules and orders. regulating the practics and
or varied, although the conviction is not quashed, the Full Court may annul or vary the or der, and the order, if sanalled, shall not take effect, and, .if veri-
Ordinance Procedure under this ed, eball, take effect as so varied.' Provided that no such rules and Corporal Punishment and Death orders shall be binding until the enme have been approved by the Legislative Council and have been published in the Garette.
+
Grounds for Appeal.
Sentence,
Notice of appeal or of an ap plication for leave to appeal shall be given within ten days of the dats of conviction. In the case of of a conviction involving sentence of death or corporal punishment the sentence shall not be executed until after the determination of the appeal.
Fresh Evidance.
The Full Court may, if they think it neonsary or expedient in the interests of justice-
gamation had been made between the two excellent societies carrying on medical work in the Now Terri tories, and that the new society is to have the continued help and co- operation of the Government,
Ohairman's thanks to Str William Shenton.
Mr. Ngan Shing Kwan, in wel- coming the large assembly, number- ing about 600, at the Hong Kong Hotel Grill Room, thanked all guests for their support of this work on behalf of the sick poor in the New Territories. Particularly he wanted to thank their patron, Sir William Shenton, for his presence with them on this occa- sion, and for all that he had done to bring about the amalgamation of the two bodies giving medical aid in the New Territories.
A person convicted on indictment may appeal to the Full Court-
(a) Against his conviction on any ground of appeal which in volves a question of law alone; and (b) Against his conviction, with the leave of the Full Courtor upon the certificate of the judgs who tried him that it is a fit case for appeal, on any ground of ap- peal, which involves a question of (a) Order the production of any
In the past the public had always fact alone, or a question of mixed any document, exhibit, or other law and fact, or any other ground thing connected with the proceed given them generous support, and ho appealed to the Chinese com- which appears to the Full Court ings the production of which ap- or to the judge who tried him to Peary to them necessary for the de-munity to back them up in the future as they had done in the past... be a sufficient ground of appeal; termination of the case; and and
(c) With the leave of the Full Court or upon the certificate of the judge, who tried him against the sentence passed on his convic tion, unless the sentence is one fixed by law.
(b) Order any witnesses who
In conclusion Mr. Ngan thanked. would have been compellable wit- Asses at the trial to attend and all who had helped towards the be examined before the Full Court, great success of this ball. (Ap whether they were or were not call-plause.) ed at the trial. Allow the admis- sion of any depositions so taken as evidence before the Full Court;
and
(e) Receive the evidence, if ten- dered, of suy witness (including the appellant) who is competent but
not compellable witness; and
On an appeal against conviction the Full Court shall allow the ap- peal if they think that the verdict of the jury should be set aside.on the ground that, it is unreasonable or cannot be supported having re-
(e) Appoint any person with gard to the evidence, or that the judgment of the court before whom special expert knowledge to act as the appellant was convicted should or in any case where it ap be set aside on the ground of a pears to the Full Court that such wrong decision of any question of special knowledge is required for law, or that on any ground there the proper detemination of the case was a miscarriage of justice, and in any other cass shall dismiss the appeal:
Provided that the Fall Court may, notwithstanding that they are of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if they consider that no substantial miscarriage of justice has actually occurred.
The Full Court may, if they al- low an appeal against conviction, quash the conviction, end either direct a judgment and verdict of acquittal to be entered or order
new trial.
.. Against Sentence.
On an appeal against sentence the Full Court shall
Ball,
The Full Court may, if it seems fib, on the application of an ap- pellant, admit the appellant to bail pending the determination of the appeal,
An appellant shall be entitled to be present, if he desires it, on the bearing of his appeal, except where the appeal is on some ground in volving a question of law alone, and then only when the Fall Court gives him leave to be present.
Objects and Reasons.
The Ordinance, provides that the procedure of the Court shall be, as nearly as possible, the same as the practice and procedure in Eng land.
As the principal object of this Amending Ordinance is to make (a) If they think that a differ provision for criminal appeals in ent sentence should have been pass this Colony on the lines of the ed, quash the sentence passed at Criminal Appeal Act, 1907, in Eng. the trial and pass such other es- land and the Criminal Appeal Or tence (whether more or less severe) dinance, 1931, in the Straits Settle warranted in law by the verdict in monts, both of which have provi substitution therefore as they think sions relating to rules of court, at ought to have been passed, and appears desirable to amend section. (b) In any other case, dismiss 10 of the Criminal Procedure Or the appeal.
Pooling of Effort. "
Sir William Shenton said that, za they all know, there had been three seperate bodies at work on medica) relief in the Now Territories, name-
Under
ly, the New Territories Medical Benevolent Association, the St. John's Ambulance Brigade and the Hong Kong Government. that arrangement there was bound to be overlapping and a certain: division in making appeals for pub lic support. As a result of negotia tions in which Commissioner Morris and Mrs. Langley, on behalf of St. John's Ambulance Brigade, and Dr. Arthur Wa on behalf on the New Territories Benevolent Association
leading part,” ań. had taken s agreement to carry on, the work in unison, and as one body, had been made. The Government had been approached through the Hon, Dr. Wellington, Dr. Moore and Dr. Valentine, and, following further negotiations, the Government agreed to hand over to the united association all work in the. Terri- tories except at Uniong and Taipu, where the Government would con- tinue to be responsible.
The Association were now operat ing eight clinics and 2 hospitals, at Tsun Wan and Kun Tin, and they hoped soon to open another hospital at Chung Chau. (Applause.)
"Tho Society extends a hearty welcome to any one who likes to. come and inspect pur clinics und hospitals, and to see at first hand what we are doing," said Sir William Dr. Wellington had re- Acently inspected their hospitals and clinics and had found them in per "If Dr. Wellington fect order. were satisfied I am sure you will an interesting experience." be, and you will find such a visit
dinance. This is done by section If it appear to the Fall Court-2 of the Amending Ordinance. (a) That an appellant, though feature of the new section 10 is the not properly convicted on some provision for assigning counsel and count or part of the indictment, has solicitors ns-legal aids in capital been properly convicted on some cases reserved and appeal cases other count or part of the indict It has been the practice to an aB+
Bir William paid warm tribute to ment, the Full Court may either sign them in capital cases only.
some the work of the Chairman, Mr. affirm the sentence passed on the Provision is now made for appellant at the trial, or pass such extension of the practics so as to Ngan Shing Kwan, the Vice-Chair- sentence in substitution therefor as correspond with the provision made men, Mr. Ma Luk, Dr. Li Fu in England by section 10 of the Chan and Dr. Wa, and the Hon. they think proper.
(b) That on the finding of the Criminal Appeal Act, 1907, and in Secretary, Mr. Tso, and concluded jury, where an appellant has been the Straits Settlementa by section by thanking everyone present for convicted of an offence and 19 of Ordinance, No. 5 of 1931 their support, and reminded them the jury could on the indict The Court which will hear the that every dollar subscribed went ment have found him guilty. of some criminal appest will by the Full to the reliel of human suffering and other aftence, the jury must have Court as defined and constituted by distress among the poor people of been, sakished of facts which proyed the Fall Court Ordinances No. 27 the New Territories, who had come him guilty of that other offence, of 1821 and No. 35 of 1931 which to look to these Societies for great
ly needed assistance, the Full Court may, instead of al- are being consolidated and amend lowing or dismissing the appeal, od, under another bill which has substitute for the verdict found by been approved by the Secretary of the jury a verdict of guilty of that State in his despatch of the August other offence and pass such sentence 24, 1989. in substitution for the sentence passed at the trial as may be war-.. ranted in law for that other offence, not being a sentence of greater $9verity;
The Dance,
BANK NOTES IN CIRCULA-and whe splendidly supported by
TION
The dance proved a great success, both the British and Chinese com munities. A number of raffles for della were held, and during supper Sir William auctioned a prize that had not been claimed, and the first prize, which the winner put up for sale a second time, a sum of $110. being realised in a few minutes. The Hong Kong Hotel orchestra provided the music, and thanks to careful arrangement made by the In Reserve. Committee and the Hotel manage ment, the evening went with an excellent swing, closing time" arriving all too soon!
Avorage Specie Amount.
Chartered Bank
(e) That, where on the convic Returns of the Average Amount tion of the appellant the jury have of Bank Notes in Circulation-end found a special verdict, a wrong of Specie in Reserve in Hong Kong, conclusion has been arrived at by during the month ended February the court before which the appel-28, 1933, as certified by the Man lant has been convicted on the affect agers of respective Banks are as of that verdict, the Full Court follows: may, instead of allowing the appeal, order such conclusion to be record- ed an appears to them to be in law. required by the verdict and pass Buch sentence in substitution for of India, Aus the sentencs passed at the trial as tralia and
China 20,884,170, may be warranted in law; ROMAN
(d)That, although the appellant Hong Kong.. was guilty of the act or omission and. Shang --charged "ngamat him, he was in-
hai Bank -sane at the time the act i was done
ing Cor lor omission made so se not to be poration 138,183,775
sponsible according to law for his Maroantile actions, the Full Court may guschi Ban the sentence passed at the trial and make such" "order, and report”: se would have been, mods, by the trial
That any order made on trial for the
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