Directory_and_Chronicle_1915 — Page 389

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THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913

(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 tied him, that it is a fit case for appeal, against his conviction on any ground of appeal which involves 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

the Full Court to be a sufficient ground of appeal.

appears to

(ii) With the leave of the Full Court, against the sentence passed on his con. viction, unless the sentence is one fixed by law.

8. After the hearing and determination at a summary trial under Article 43 of the Principal Order of any information or complaint, either party to such summary trial may, if dissatisfied with the said determination as being erroneous in point of law, appeal to the Full Court.

9. -(1) When a person desires to appeal to the Full Court under Articles 7 or 8 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 deter mination of an information or complaint.

(2) An appellant may, in such manner as may be prescribed, present his case and his argument in writing, aud deliver the same to the Registrar of the Court be fore 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 Re- gistrar of the Supreme Court the notice, the case, and the argument, if any, and a report by the Judge who presided 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.

10. Where notice is given under Article 9, the Court before which the trial was had may, as it thinks fit, either postpone judgment on the conviction or respite ex- ecution 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 execution of the judgment (as the case may require) at an appointed time and place.

11. An appellant shall not be entitled to be present at the hearing of an Appeal except by leave of the Full Court, or of the Court before which he was convicted.

12.-(1) Appeals under Articles 7 and 8 of this Order shall be heard and deter- mined 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 contained in sections 1 (5), 4, 5, 6, 8, 9, 11 (2), 14 (?) (3), 17, and 21 of the Criminal Appeal Act, 1907, or of any law amending or sub- stituted for the same.

(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 assessors; or (c) Of any person having served as a juryman or an assessor who was not

qualified; or

(d) Of any objection to ary person as a juryman or assessor which might

have been raised before or at the trial; or

(e) Of any informality in the swearing of any witness; or

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