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THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1933. 203

Appeals.

78A.-(1) A person convicted on indictment may appeal Appeals to the Full Court-

(a) against his conviction on any ground of appeal which involves a question of law alone; and

(b) against his conviction, with the leave of the Full Court or upon the certificate of the judge who tried him that it is a fit case for appeal, on any ground of appeal which involves a question of fact alone, or a question of mixed law and fact, or any other ground which appears to the Full Court or to the judge who tried him to be a sufficient ground of appeal; 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 conviction, unless the sentence is one fixed by law.

7 Ed. 7,

c. 23. s. 3.

(2) On an appeal against conviction and, subject to the 7Ed. 7,

c. 23, s. 4 provisions of sub-section (5) of this section and section 78B. (i). the Full Court shall allow the appeal 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 regard to the evidence, or that the judgment of the court before whom the appellant was convicted should be set aside on the ground of a wrong decision of any question of law, or that on any ground there was a miscarriage of justice, and in any other case shall dismiss the appeal :

Provided that the Full 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.

C.

(3) The Full Court may, if they allow an appeal against 7 Ed. 7, conviction, quash the conviction, and either direct a judg- 23, s. 4

(2). ment and verdict of acquittal to be entered or order a new trial.

(4) On an appeal against sentence the Full Court shall-

7 Ed. 7, c. 23, s. 4

(a) if they think that a different sentence should have (3). been passed, quash the sentence passed at the trial and pass such other sentence (whether more or less severe) warranted in law by the verdict in substitution therefor as they think ought to have been passed; and

(b) in any other case, dismiss the appeal.

(5) If it appear to the Full Court----

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(a) that an appellant, though not properly convicted on some count or part of the indictment, has been properly convicted on some other count or part of the indictment, the Full Court may either affirm the sentence passed on the appellant at the trial, or pass such sentence in substitution therefor as they think proper, and as may be warranted in law by the verdict on the count or part of the indictment on which they consider that the appellant has been properly con- victed;

(b) that on the finding of the jury, where an appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, the

7 Ed. 7, c. 23, s. 5..