1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 54

1988 Ed.]

Criminal Procedure

[CAP. 221

53

(2) An appeal under this section may be

(a) on any ground of appeal which involves a question of law alone; and

(b) with the leave of the Court of Appeal, on any ground which involves a

question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal;

but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.

{ Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 15]

Disposal of appeal under s. 83M

83N. (1) The Court of Appeal shall allow an appeal under section 83M if it is of opinion-

(a) that the finding of the court of trial should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfac- tory; or

(b) that the order of the court giving effect to the finding should be set

aside on the ground of a wrong decision of any question of law; or

(c) that there was a material irregularity in the course of the determina-

tion of the question of fitness to be tried;

and in any other case (except one to which subsection (2) of this section applies) shall dismiss the appeal; but it may dismiss the appeal if of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no miscarriage of justice has actually occurred.

(2) An appeal under section 83M may, in a case where the question of fitness to be tried was determined later than on arraignment, be allowed by the Court of Appeal (notwithstanding that the finding was properly come to) if the Court of Appeal is of opinion that the case is one in which the accused person should have been acquitted before the question of fitness to be tried was considered; and, if an appeal is allowed under this subsection, the Court of Appeal shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity).

(3) Subject to subsection (2) of this section, where an appeal under section 83M is allowed, the appellant may be tried accordingly for the offence with which he was charged, and the Court of Appeal may make such orders as appear to it to be necessary or expedient pending any such trial for his custody, admission to bail or continued detention under the Mental Health Ordinance (Cap. 136); and the Seventh Schedule shall have effect for applying provisions in Part IV of that Ordinance to persons in whose case an order is made by the Court of Appeal under this subsection.

(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 16]