1310
Procedure on case stated.
As to appeal
to Privy Council.
Fugitive
offenders.
THE HONGKONG GOVERNMENT GAZETTE, 1ST SEPTEMBER, 1905.
the Judge 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 Registrar of the Supreme Court.
86.-(1.) Where a case is stated under the last preceding Article, the Court, before whom the trial was had, shall as it thinks fit, either postpone judgment on the conviction, or respite execution of the judgment, and either commit the person convicted to prison, or take security for him to appear and receive judgment, or to deliver himself for execution of the judgment (as the case may require), at an appointed time and place.
(2.) The full Supreme Court, sitting without a jury or assessors, shall hear and determine the matter, and thereupon shall reverse, affirm, or amend the judg meut given, or set it aside, and order an entry to be made in the Minutes that, in the judgment of the Supreme Court, the person ought not to have been convicted, or order judgment to be given at a subsequent sitting of the Provincial Court, or order a new trial, or make such other order as the Supreme Court thinks just, and shall also give all necessary and proper consequential directions.
(3.) The judgment of the full Court shall be delivered in open Court, after the public hearing of any argument offered on behalf of the prosecutor or of the person convicted.
(4.) Before delivering judgment, the full Court may, if necessary, cause the case to be amended by the Provincial Court.
(5.) The full Court shall not annul a conviction or sentence, or vary a sen- tence, or order a new trial on the ground-
(a.) Of any objection which, if stated during the trial, might, in the opinion of the Supreme Court, have been properly met by amendment at the trial; or
(b.) Of any error in the summoning of assessors; or
(c) Of
any person having served as assessor who was not qualified; or (d.). Of any objection to any person as assessor which might have been raised
before or at the trial ; or
(c.) Of any informality in the swearing of any witness; or
(f.) Of any error or omission in the charge, or any informality in procedure which, in the opinion of the Supreme Court, did not affect the sub- stance of the case or subject the convicted person to any undue prejudice.
87. There shall be no appeal in a criminal case to His Majesty the King in Council from a decision of the Supreme Court, except by special leave of His Majesty in Council.
Fugitive Offenders.
88. The Fugitive Offenders Act, 1881, and the Colonial Prisoners Removal Act, 1884, shall apply to China and Corea, as if those places were a British possession and part of His Majesty's dominions.
Subject as follows:-
(a.) His Majesty's Minister in China or Corea as the case may require, is hereby substituted for the Governor or Government of a British possession, and
(4) The Supreme Court is hereby substituted for a Superior Court of a British
possession.
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