1988 Ed.]
Criminal Procedure
[CAP. 221
55
against, or, in the case of appeal against sentence, from the date on which sentence was passed, or, in the case of an order made or treated as made on conviction, from the date of the making of the order:
Provided that, where sentence was passed more than 7 days after the date of conviction, verdict or finding, notice of appeal, or of application for leave to appeal, against the conviction, verdict or finding may be given within 28 days from the date on which sentence was passed.
(3) The time for giving notice under this section may be extended, either before or after it expires, by the Court of Appeal.
(4) In the case of a conviction involving sentence of death the power of the Court of Appeal under subsection (3) to extend the time for giving notice of appeal or notice of application for leave to appeal, shall not be exercisable. [cf. U.K. 1968 c. 19, Sch. 4, Para. 1]
(5) In the case of a conviction involving sentence of death or corporal punishment-
(a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal or of application for leave to appeal may be given under this Ordinance; and
(b) if notice is so given, the appeal or application shall be heard and determined with as much expedition as is practicable, and the sentence shall not be executed until after the determination of the appeal, or, in cases where an application for leave to appeal is finally refused, of the application. [cf. U.K. 1968 c. 19, Sch. 4, Para. 2(a), (b)]
(6) (a) Where a protected prisoner of war or protected internee has been sentenced to death or to imprisonment for a term of 2 years or more, the time within which he must give notice of appeal or of an application for leave to appeal shall, notwithstanding the provisions of subsection (1), be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of 10 days after the date on which he received a notice given-
(i) in the case of a protected prisoner of war, by an officer of Her Majesty's forces;
(ii) in the case of a protected internee, by or on behalf of the Commissioner of Correctional Services,
that the protecting power has been notified of his conviction and sentence. (Replaced, L.N.346(82))
(b) For the purposes of this subsection, the expression "protected prisoner of war", "protected internee" and "the protecting power" have the meanings assigned to them by the Geneva Conventions Act, 1957, as applied to Hong Kong by the Geneva Conventions Act (Colonial Territories) Order in Council 1959*. [cf. U.K. 1968 c. 19, Sch. 5, Part I]
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 18]
* See App. III, p. BF1.
1988 Ed.]
Criminal Procedure
[CAP. 221
55
against, or, in the case of appeal against sentence, from the date on which sentence was passed, or, in the case of an order made or treated as made on conviction, from the date of the making of the order:
Provided that, where sentence was passed more than 7 days after the date of conviction, verdict or finding, notice of appeal, or of application for leave to appeal, against the conviction, verdict or finding may be given within 28 days from the date on which sentence was passed.
(3) The time for giving notice under this section may be extended, either before or after it expires, by the Court of Appeal.
(4) In the case of a conviction involving sentence of death the power of the Court of Appeal under subsection (3) to extend the time for giving notice of appeal or notice of application for leave to appeal, shall not be exercisable. [cf. U.K. 1968 c. 19, Sch. 4, Para. 1]
(5) In the case of a conviction involving sentence of death or corporal punishment-
(a) the sentence shall not in any case be executed until after the expiration of the time within which notice of appeal or of application for leave to appeal may be given under this Ordinance; and
(b) if notice is so given, the appeal or application shall be heard and determined with as much expedition as is practicable, and the sentence shall not be executed until after the determination of the appeal, or, in cases where an application for leave to appeal is finally refused, of the application. [ef. U.K. 1968 c. 19, Sch. 4, Para. 2(a), (b)]
(6) (a) Where a protected prisoner of war or protected internee has been sentenced to death or to imprisonment for a term of 2 years or more, the time within which he must give notice of appeal or of an application for leave to appeal shall, notwithstanding the provisions of subsection (1), be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of 10 days after the date on which he received a notice given-
(i) in the case of a protected prisoner of war, by an officer of Her Majesty's forces;
(ii) in the case of a protected internee, by or on behalf of the Commissioner of Correctional Services,
that the protecting power has been notified of his conviction and sentence. (Replaced, L.N. 346(82)
(b) For the purposes of this subsection, the expression "protected prisoner of war", "protected internee" and "the protecting power" have the meanings assigned to them by the Geneva Conventions Act, 1957, as applied to Hong Kong by the Geneva Conventions Act (Colonial Territories) Order in Council 1959*. [cf. U.K. 1968 c. 19, Sch. 5, Part I.
( Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 18]
* See App. III, p. BF 1.
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