68
Powers of Supreme Court of Hongkong.
Appeal to Privy Council in criminal cases.
Prison rules.
Imprisonment in Hongkong.
Application of English Acts.
* 44 & 45 Vict. c. 69. † 47 & 48 Vict. c. 31.
WEI-HAI-WEI ORDER IN COUNCIL.
(5) The Supreme Court shall hear and finally determine the matter, after considering the statement of the High Court, and hearing publicly any argument offered on behalf of the prosecution, or of the person convicted.
(6) The Supreme Court may require the High Court to make any amendment in or addition to its statement or the annexes thereto.
(7) The judgment of the Supreme Court shall be delivered publicly.
(8) The Supreme Court shall either affirm or annul the conviction, or amend it, and shall either affirm or annul the sentence or vary it, and shall give all necessary and proper consequential directions.
36. The Supreme Court shall not annul a conviction or sentence, or vary a sentence, on the ground—
(i) of any objection which, if stated during the trial, might, in the opinion of the Supreme Court, have been properly met by amendment by the High Court; or
(ii) of any error or informality which, in the opinion of the Supreme Court, did not affect the substance of the case or subject the Appellant to any undue prejudice.
37. 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.
38. The Commissioner may by general order prescribe the manner in which and the prisons in which punishments are to be carried into execution, and may make rules for the government of the prisons and of all persons therein.
39.—(1) When an offender is sentenced to imprisonment and the High Court thinks it expedient that the sentence be carried into effect within His Majesty's dominions, the place shall be either Hongkong or a place in some other part of His Majesty's dominions the Government whereof consents that offenders may be sent thither under this Article.
(2) The High Court may, by warrant under the hand of the Judge, cause the offender to be sent to such place as aforesaid, in order that the sentence may be carried into effect accordingly.
(3) The warrant shall be sufficient authority to any person to whom it is directed to receive and detain the person named therein, and to carry him and deliver him up at the place named, according to the warrant.
40. "The Fugitive Offenders Act, 1881"* and "The Colonial Prisoners Removal Act, 1884"† shall apply to the said territories as if they were part of His Majesty's dominions, subject as follows:—
(a) The Commissioner is hereby substituted for the Governor or Government of a British possession;
68
Powers of Supreme Court of Hongkong.
Appeal to Privy Council
in criminal
cases.
Prison rules.
Imprison- ment in Hongkong.
Application of English Acts.
* 44 & 45 Vict. c. 69. † 47 & 48 Vict. c. 31.
WEI-HAI-WEI ORDER IN COUNCIL.
(5) The Supreme Court shall hear and finally determine the matter, after considering the statement of the High Court, and hearing publicly any argument offered on behalf of the prosecution, or of the person convicted.
(6) The Supreme Court may require the High Court to make any amendment in or addition to its statement or the annexes thereto.
(7) The judgment of the Supreme Court shall be delivered publicly. (8) The Supreme Court shall either affirm or annul the conviction, or amend it, and shall either affirm or annul the sentence or vary it, and shall give all necessary and proper consequential directions.
36. The Supreme Court shall not annul a conviction or sentence, or vary a sentence, on the ground-
(i) of any objection which, if stated during the trial, might, in the opinion of the Supreme Court, have been properly met by amendment by the High Court; or
(ii) of any error or imformality which, in the opinion of the Supreme Court, did not affect the substance of the case or subject the Appellant to any undue prejudice.
37. 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.
38. The Commissioner may by general order prescribe the manner in which and the prisons in which punishments are to be carried into execution, and may make rules for the government of the prisons and of all persons therein.
39.-(1) When an offender is sentenced to imprisonment and the High Court thinks it expedient that the sentence be carried into effect within His Majesty's dominions, the place shall be either Hongkong or a place in some other part of His Majesty's dominions the Government whereof consents that offenders may be sent thither under this Article.
(2) The High Court may, by warrant under the hand of the Judge, cause the offender to be sent to such place as aforesaid, in order that the sentence may be carried into effect accordingly.
(3) The warrant shall be sufficient authority to any person to whomi it is directed to receive and detain the person named therein, and to carry him and deliver him up at the place named, according to the
warrant.
40. "The Fugitive Offenders Act, 1881"* and "The Colonial Prisoners Removal Act, 1884"† shall apply to the said territories as if they were part of His Majesty's dominions, subject as follows:--
(a) The Commissioner is hereby substituted for the Governor or
Government of a British possession ;
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