1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 42

HK Historical Laws 香港歷史法例 All AI Reviewed

1988 Ed.]

Criminal Procedure

[CAP. 221

(2) Where any such woman alleges that she is pregnant, or where the court before whom she is convicted thinks fit so to direct, before sentence is passed 2 or more medical practitioners shall be sworn and shall examine the woman in some private place, either together or successively, and shall inquire whether she is pregnant or not. If on the report of any of such medical practitioners it appears to the court that the woman is pregnant sentence of death shall not be passed upon her.

case.

(3) No jury de ventre inspiciendo shall be empanelled or sworn in any such

(4) Where on proceedings under subsection (2) the court finds that the woman in question is not pregnant, and passes sentence of death, the woman may appeal to the Court of Appeal under section 81, and that court, if satisfied for any reason that the finding should be set aside, shall quash the sentence passed on such woman and shall pass instead sentence of imprisonment for life.

(5) The rights conferred by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such a woman to allege in stay of execution that she is quick with child.

(Replaced, 37 of 1934, s. 2) [cf. U.K. 1931 c. 24]

78. [Repealed, 13 of 1981, s. 7]

Record of proceedings

79. (1) A record (whether by means of shorthand notes, by mechanical means or otherwise) kept in accordance with rules made under section 9, or such other record as the trial judge may direct, shall be taken of the proceedings at the trial of any person on indictment who, if convicted, is entitled or may be authorized to appeal to the Court of Appeal, and on any appeal or application for leave to appeal, a transcript of the record or any part thereof shall be made if the Registrar so directs, and furnished to the Registrar for the use of the Court of Appeal or any judge thereof, and a copy of such transcript if so made shall be furnished to any party interested on his application in accordance with such conditions as may be prescribed by rules made under section 9. (Amended, 63 of 1984, s. 3)

(2) For the purposes of this section "a party interested" shall mean the prosecutor or the person convicted or any person named in, or immediately affected by, any order made by the trial judge or any other person authorized to act on behalf of any such person.

PART IV

(Added, 52 of 1956, s. 3)

APPEALS, QUESTIONS OF LAW RESERVED AND REFERRED AND REVIEW

Interpretation

Meaning of sentence

80. (1) In this Part-

(Amended, 20 of 1979, s. 2)

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1988 Ed.] Criminal Procedure [CAP. 221 41 (2) Where any such woman alleges that she is pregnant, or where the court before whom she is convicted thinks fit so to direct, before sentence is passed 2 or more medical practitioners shall be sworn and shall examine the woman in some private place, either together or successively, and shall inquire whether she is pregnant or not. If on the report of any of such medical practitioners it appears to the court that the woman is pregnant sentence of death shall not be passed upon her. case. (3) No jury de ventre inspiciendo shall be empanelled or sworn in any such (4) Where on proceedings under subsection (2) the court finds that the woman in question is not pregnant, and passes sentence of death, the woman may appeal to the Court of Appeal under section 81, and that court, if satisfied for any reason that the finding should be set aside, shall quash the sentence passed on such woman and shall pass instead sentence of imprisonment for life. (5) The rights conferred by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such a woman to allege in stay of execution that she is quick with child. (Replaced, 37 of 1934, s. 2) [cf. U.K. 1931 c. 24] 78. [Repealed, 13 of 1981, s. 7] Record of proceedings Record of proceedings 79. (1) A record (whether by means of shorthand notes, by mechanical means or otherwise) kept in accordance with rules made under section 9, or such other record as the trial judge may direct, shall be taken of the proceedings at the trial of any person on indictment who, if convicted, is entitled or may be authorized to appeal to the Court of Appeal, and on any appeal or application for leave to appeal, a transcript of the record or any part thereof shall be made if the Registrar so directs, and furnished to the Registrar for the use of the Court of Appeal or any judge thereof, and a copy of such transcript if so made shall be furnished to any party interested on his application in accordance with such conditions as may be prescribed by rules made under section 9. (Amended, 63 of 1984, s. 3) (2) For the purposes of this section "a party interested" shall mean the prosecutor or the person convicted or any person named in, or immediately affected by, any order made by the trial judge or any other person authorized to act on behalf of any such person. PART IV (Added, 52 of 1956, s. 3) APPEALS, QUESTIONS OF LAW RESERVED AND REFERRED AND REVIEW Interpretation Meaning of sentence 80. (1) In this Part- (Amended, 20 of 1979, s. 2)

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1988 Ed.] Criminal Procedure [CAP. 221 41 (2) Where any such woman alleges that she is pregnant, or where the court before whom she is convicted thinks fit so to direct, before sentence is passed 2 or more medical practitioners shall be sworn and shall examine the woman in some private place, either together or successively, and shall inquire whether she is pregnant or not. If on the report of any of such medical practitioners it appears to the court that the woman is pregnant sentence of death shall not be passed upon her. case. (3) No jury de ventre inspiciendo shall be empanelled or sworn in any such (4) Where on proceedings under subsection (2) the court finds that the woman in question is not pregnant, and passes sentence of death, the woman may appeal to the Court of Appeal under section 81, and that court, if satisfied for any reason that the finding should be set aside, shall quash the sentence passed on such woman and shall pass instead sentence of imprisonment for life. (5) The rights conferred by this section on a woman convicted of an offence punishable with death shall be in substitution for the right of such a woman to allege in stay of execution that she-is quick with child. (Replaced, 37 of 1934, s. 2) [cf. U.K. 1931 c. 24] 78. [Repealed, 13 of 1981, s. 7] Record of proceedings Record of proceedings > 79. (1) A record (whether by means of shorthand notes, by mechanical means or otherwise) kept in accordance with rules made under section 9, or such other record as the trial judge may direct, shall be taken of the proceedings at the trial of any person on indictment who, if convicted, is entitled or may be authorized to appeal to the Court of Appeal, and on any appeal or application for leave to appeal, a transcript of the record or any part thereof shall be made if the Registrar so directs, and furnished to the Registrar for the use of the Court of Appeal or any judge thereof, and a copy of such transcript if so made shall be furnished to any party interested on his application in accordance with such conditions as may be prescribed by rules made under section 9. (Amended, 63 of 1984, s. 3) (2) For the purposes of this section "a party interested" shall mean the prosecutor or the person convicted or any person named in, or immediately affected by, any order made by the trial judge or any other person authorized to act on behalf of any such person. PART IV (Added, 52 of 1956, s. 3) APPEALS, QUESTIONS OF LAW RESERVED AND REFERRED AND REVIEW Interpretation Meaning of sentence 80. (1) In this Part- (Amended, 20 of 1979, s. 2)

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