1912_WEI-HAI-WEI_ORDER_IN_COUNCIL — Page 11

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WEI-HAI-WEI ORDER IN COUNCIL.

67

34.-(1) When a person is convicted before a Magistrate and the punishment imposed is a fine of 100 dollars or upwards or imprisonment for 3 months or upwards, he may appeal to the High Court.

(2) The Magistrate shall postpone the execution of the sentence pending the appeal and shall, as on a remand, either commit the person convicted to prison for safe custody or admit him to bail, or take security for the payment of the fine (if any).

(3) The Magistrate shall frame a statement setting out the facts and the grounds of the conviction and sentence, and any question of law and any objections alleged by the person convicted, and transmit the same, together with the notes of the evidence and any documents adduced in evidence, to the High Court.

(4) The High Court shall either affirm or annul the conviction or amend it, or affirm or annul the sentence or vary it, or rehear the case itself or order a rehearing before the Magistrate, giving all necessary and proper directions.

35.-(1) In each of the following cases, namely:-

(i) where a person is convicted before the High Court or his conviction before a Magistrate is affirmed by the High Court, and the person so convicted declares his desire to appeal to the Supreme Court on any question of law affecting the conviction or sentence; or

(ii) where the High Court thinks fit to reserve for the judgment of the Supreme Court any question of law arising on the trial,

the High Court shall frame a statement setting out the facts, and the grounds of the conviction and sentence, and the question or questions of law raised by the person convicted or by the High Court.

(2) The High Court shall annex to that statement certified copies of the summons, indictment (if any), and proceedings, and of all documentary evidence admitted or tendered, and appearing to that Court to be material, and the depositions, the notes of the oral testimony, any statement or objections to the conviction or sentence made by the person convicted, and any argument thereon that he desires to submit to the Supreme Court, and a note of the reasons why any tendered evidence which is not transmitted appears to the Court to be immaterial.

(3) The High Court shall forthwith send the statement and its annexes to the Supreme Court.

(4) The High Court shall postpone the execution of the sentence pending the appeal, and shall, as on a remand, either (if necessary) commit the person convicted to prison for safe custody, or admit him to bail, with or without security, by recognizance, deposit money, or otherwise.

Appeal to Supreme Court of Hongkong.

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WEI-HAI-WEI ORDER IN COUNCIL.6734.-(1) When a person is convicted before a Magistrate and the punishment imposed is a fine of 100 dollars or upwards or imprisonment for 3 months or upwards, he may appeal to the High Court.(2) The Magistrate shall postpone the execution of the sentence pending the appeal and shall, as on a remand, either commit the person convicted to prison for safe custody or admit him to bail, or take security for the payment of the fine (if any).(3) The Magistrate shall frame a statement setting out the facts and the grounds of the conviction and sentence, and any question of law and any objections alleged by the person convicted, and transmit the same, together with the notes of the evidence and any documents adduced in evidence, to the High Court.(4) The High Court shall either affirm or annul the conviction or amend it, or affirm or annul the sentence or vary it, or rehear the case itself or order a rehearing before the Magistrate, giving all necessary and proper directions.35.-(1) In each of the following cases, namely:-(i) where a person is convicted before the High Court or his conviction before a Magistrate is affirmed by the High Court, and the person so convicted declares his desire to appeal to the Supreme Court on any question of law affecting the conviction or sentence; or(ii) where the High Court thinks fit to reserve for the judgment of the Supreme Court any question of law arising on the trial,the High Court shall frame a statement setting out the facts, and the grounds of the conviction and sentence, and the question or questions of law raised by the person convicted or by the High Court.(2) The High Court shall annex to that statement certified copies of the summons, indictment (if any), and proceedings, and of all documentary evidence admitted or tendered, and appearing to that Court to be material, and the depositions, the notes of the oral testimony, any statement or objections to the conviction or sentence made by the person convicted, and any argument thereon that he desires to submit to the Supreme Court, and a note of the reasons why any tendered evidence which is not transmitted appears to the Court to be immaterial.(3) The High Court shall forthwith send the statement and its annexes to the Supreme Court.(4) The High Court shall postpone the execution of the sentence pending the appeal, and shall, as on a remand, either (if necessary) commit the person convicted to prison for safe custody, or admit him to bail, with or without security, by recognizance, deposit money, or otherwise.Appeal to Supreme Court of Hongkong.
Baseline (Original)
WEI-HAI-WEI ORDER IN COUNCIL.6734.-(1) When a person is convicted before a Magistrate and theAppeal to punishment imposed is a fine of 100 dollars or upwards or imprisonmentHigh Court. for 3 months or upwards, he may appeal to the High Court.(2) The Magistrate shall postpone the execution of the sentence pend- ing the appeal and shall, as on a remand, either commit the person convicted to prison for safe custody or admit him to bail, or take secur- ity for the payment of the fine (if any).(3) The Magistrate shall frame a statement setting out the facts and the grounds of the conviction and sentence, and any question of law and any objections alleged by the person convicted, and transmit the same, together with the notes of the evidence and any documents adduced in evidence, to the High Court.(4) The High Court shall either affirm or annul the conviction or amend it, or affirm or annul the sentence or vary it, or rehear the case itself or order a rehearing before the Magistrate, giving all necessary and proper directions.35.-(1) In each of the following cases, namely:-(i) where a person is convicted before the High Court or his con- viction before a Magistrate is affirmed by the High Court, and the person so convicted declares his desire to appeal to the Supreme Court on any question of law affecting the con- viction or sentence; or(ii) where the High Court thinks fit to reserve for the judgment of the Supreme Court any question of law arising on the trial,.the High Court shall frame a statement setting out the facts, and the grounds of the conviction and sentence, and the question or questions of law raised by the person convicted or by the High Court.(2) The High Court shall annex to that statement certified copies of the summons, indictment (if any), and proceedings, and of all document- ary evidence admitted or tendered, and appearing to that Court to be material, and the depositions, the notes of the oral testimony, any state- ment or objections to the conviction or sentence made by the person convicted, and any argument thereon that he desires to submit to the Supreme Court, and a note of the reasons why any tendered evidence which is not transmitted appears to the Court to be immaterial.(3) The High Court shall forthwith send the statement and its annexes to the Supreme Court.(4) The High Court shall postpone the execution of the sentence pending the appeal, and shall, as on a remand, either (if necessary) commit the person convicted to prison for safe custody, or admit him to bail, with or without security, by recognizance, deposit money, or otherwise.Appeal to Supreme Court of Hongkong.:
2026-05-03 06:20:30 · Baseline
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WEI-HAI-WEI ORDER IN COUNCIL.

67

34.-(1) When a person is convicted before a Magistrate and the Appeal to punishment imposed is a fine of 100 dollars or upwards or imprisonment High Court. for 3 months or upwards, he may appeal to the High Court.

(2) The Magistrate shall postpone the execution of the sentence pend- ing the appeal and shall, as on a remand, either commit the person convicted to prison for safe custody or admit him to bail, or take secur- ity for the payment of the fine (if any).

(3) The Magistrate shall frame a statement setting out the facts and the grounds of the conviction and sentence, and any question of law and any objections alleged by the person convicted, and transmit the same, together with the notes of the evidence and any documents adduced in evidence, to the High Court.

(4) The High Court shall either affirm or annul the conviction or amend it, or affirm or annul the sentence or vary it, or rehear the case itself or order a rehearing before the Magistrate, giving all necessary and proper directions.

35.-(1) In each of the following cases, namely:-

(i) where a person is convicted before the High Court or his con- viction before a Magistrate is affirmed by the High Court, and the person so convicted declares his desire to appeal to the Supreme Court on any question of law affecting the con- viction or sentence; or

(ii) where the High Court thinks fit to reserve for the judgment of the Supreme Court any question of law arising on the trial,.

the High Court shall frame a statement setting out the facts, and the grounds of the conviction and sentence, and the question or questions of law raised by the person convicted or by the High Court.

(2) The High Court shall annex to that statement certified copies of the summons, indictment (if any), and proceedings, and of all document- ary evidence admitted or tendered, and appearing to that Court to be material, and the depositions, the notes of the oral testimony, any state- ment or objections to the conviction or sentence made by the person convicted, and any argument thereon that he desires to submit to the Supreme Court, and a note of the reasons why any tendered evidence which is not transmitted appears to the Court to be immaterial.

(3) The High Court shall forthwith send the statement and its annexes to the Supreme Court.

(4) The High Court shall postpone the execution of the sentence pending the appeal, and shall, as on a remand, either (if necessary) commit the person convicted to prison for safe custody, or admit him to bail, with or without security, by recognizance, deposit money, or otherwise.

Appeal to Supreme Court of

Hongkong.

:

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