196814-1933-Ordinances-passed-and-assented-to--Criminal-Procedure-Amendment-No-5-of-1933-Summary-Offences-Amendment--No-6-of-1933-New-Territories-Regulation-Amendment-No-7-of-1933-Full-Court-No-8-of-1933 — Page 5

THE HONG KONG GOVERNMENT GAZETTE, MARCH 24, 1933.

which appears to them necessary for the determination of the case; and

com-

(b) order any witnesses who would have been pellable witnesses at the trial to attend and be examined before the Full Court, whether they were or were not called at the trial, or order the examination of any such witnesses to be conducted in manner provided by rules and orders made under section 10 of this Ordinance before any judge of the court or before any officer of the court or any magistrate, justice of the peace or other person appointed by the Full Court for the purpose, and allow the admission of any depositions so taken as evidence before the Full Court; and

witness (c) receive the evidence, if tendered, of any (including the appellant) who is a competent but not com- pellable witness; and

or any

(d) where any question arising on the appeal involves prolonged examination of documents or accounts, scientific or local investigation which cannot in the opinion of the Full Court conveniently be conducted before them, order the reference of the question in manner provided by such rules and orders as aforesaid for inquiry and report to a special commissioner appointed by the Full Court, and act upon the report of any such commissioner so far as they think fit to adopt it; and

(e) appoint any person with special expert knowledge to act as assessor in any case where it appears to the Full Court that such special knowledge is required for the proper determination of the case:

may

and exercise in relation to the proceedings of the Full Com

which other powers any

for the time being be exercised by the Full Court on appeals in civil matters, and issue any warrants necessary for enforcing the orders or sentences of the Full Court. Provided that in no case shall any sentence be increased by reason of or in consideration of any evidence that was not given at the trial.

c. 23, s. 14.

(9) The Full Court may, if it seems fit, on the application 7 Ed. 7, of an appellant, admit the appellant to bail pending the deter- mination of the appeal.

Further provisions relating to appeals and cases reserved.

78B. Except where, in the opinion of the Full Court, a substantial miscarriage of justice has actually occurred, no judgment shall be stayed or reversed under section 78 and no appeal shall be allowed under section 78A--

(a) on the ground of any defect which, if pointed out before the jury were empanelled or during the progress of the trial, might have been amended by the court; or

(b) because of any error committed in summoning or swearing the jury or any of them; or

(c) because any person who has served on the jury has not been returned by the Registrar; or

(d) because of any objection which might have been stated as a ground of challenge of any of the jurors; or

(e) because of any informality in swearing the witnesses or any of them.

Prohibition

of staying or reversal

of judgment

on specified grounds.

205

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