1964_CRIMES_ORDINANCE — Page 67

66

CAP. 2001

1975, 2

s. 5(6)]

Transitional

provisions.

[cf. 1976 c. 82. s. 7(5).)

(25 of 1978.)

(32 of 1979.) [*11.5.79.]

Crimes

[1984 Ed.

offence (or, if after convening it he has ceased to hold the appointment by virtue of which he convened it, the officer holding that appointment) and for any reference in subsec- tion (4) of that section to such a judge there shall be substituted a reference to the court;

(c) for any reference in section 156(5) to the Court of Appeal there shall be substituted a reference to the Courts-Martial Appeal Court; and

(d) in section 156(7) for paragraphs (a) to (d) there shall be substituted the words "he is charged with a rape offence or indecent assault in pursuance of any provision of the Naval Discipline Act 1957, the Army Act 1955 or the Air Force Act 1955";

and section 157 shall apply accordingly. (Amended, 32 of 1979, 5.3)

(2) In relation to a person who, having been charged with a rape offence or indecent assault in pursuance of any provision of any of the Acts specified in subsection (1), has been convicted of an offence and has given notice of an appeal to the Courts-Martial Appeal Court against the conviction, or notice of an application for leave so to appeal, a direction given by a judge of that Court that section 156(1) shall not, by virtue of an accusation which alleges a rape offence or indecent assault and is specified in the direction, apply in relation to a complainant so specified, shall be deemed to be a direction given by the Courts-Martial Appeal Court in pursuance of subsection (5) of that section (as modified by this section). (Amended, 32 of 1979, s. 3)

(3) In this section and in section 156 as modified by sub- section (1)-

"court-martial" means a court-martial under any of the Acts

specified in subsection (1);

"Courts-Martial Appeal Court" means the Courts-Martial Appeal

Court established by the Courts-Martial (Appeals) Act 1951 for the purpose of hearing appeals from naval, army and air force courts-martial, and continued in existence by the Courts- Martial (Appeals) Act 1968.

( Added, 25 of 1978, s. 4)

159. (1) Sections 154 and 155 shall not have effect in relation to a trial or inquiry which begins before the coming into operation of the Crimes (Amendment) (No. 2) Ordinance 1978. (Added, 25 of 1978, s. 4. Amended, 32 of 1979, s. 4)

(2) Sections 154 and 155 shall not have effect in relation to a trial or inquiry at which a person is charged with indecent assault which begins before the coming into operation* of the Crimes (Amendment) Ordinance 1979. ( Added, 32 of 1979, s. 4)