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THE CHINA (AMENDMENT) ORDER IN COUNCIL, 1913
(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 exe- cution 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 (2) (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 any 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
(ƒ) Of any error or informality which, in the opinion of the Court, did not
affect the substance of the case or subject the convicted
undue prejudice.
person to any
(4) The Full Court shall not award costs to either side in an Appeal under this part of the Order save in an Appeal under Article 8.
13. The power of the Judge of the Supreme Court, under Article 119 of the Principal Order, to make rules of Court shall extend to rules for the purpose of re- gulating the manner of presenting Appeals, as to the papers which are to be sent to the Full Court, and the transmission of the same, and generally as to the conduct of Appeals and all matters connected therewith.
14. Article 52 of the Principal Order shall apply to all proceedings before the Full Court under this Order.
15. When notice has been given of any Appeal or application for leave to appeal, the Judge of the Supreme Court shall, save where the trial took place before himself, have power, for reasons to be recorded in the minutes, to order that it shall be heard and determined or dealt with, in the manner provided in this Order by himself alone instead of by the Full Court.
16. Where a person is convicted of any offence before any Court, if the Judge of such Court thinks fit to reserve for the consideration of the Full Court any ques- tion of law arising at the trial, he shall state a case, setting out the facts and the grounds of the conviction, and the question of law, and send or deliver it to the Re- gistrar of the Supreme Court.
The jurisdiction of the Full Court under this Article shall be exercised subject to the provisions of this Order.
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