1988 Ed.
Criminal Procedure
[CAP. 221
59
(4) The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 30]
Award of costs by Court of Appeal
83XX. (1) This section applies to any appeal-
(a) under section 82 against conviction;
(b) under section 83J against a verdict of not guilty by reason of insanity;
(c) under section 83M against a finding under section 75 that the appellant is under disability.
(2) Where an appeal to which this section applies is allowed, the Court of Appeal may, subject to subsection (3), order the payment out of the public revenue of the costs of the appellant.
(3) No order shall be made under this section where-
(a) in the case of an appeal referred to in subsection (1)(a), the appellant is ordered under section 83E to be retried;
(b) in the case of an appeal referred to in subsection (1)(b), the provisions of section 83K(4)(a) apply; or
(c) in the case of an appeal referred to in subsection (1)(c), the provisions of section 83N(3) apply.
(4) The costs payable under this section shall be such sums as appear to the Court of Appeal reasonably sufficient to compensate the appellant for any expenses properly incurred by him in the appeal, including any proceedings preliminary or incidental thereto or in the court of trial or before a magistrate.
(5) The amount of costs ordered to be paid under this section shall, except where the amount is fixed by the Court of Appeal, be ascertained by the Registrar.
(Added, 2 of 1978, s. 3)
[cf. U.K. 1973 c. 14, s. 7]
Supplementary
Powers of Court of Appeal under Part IV which are exercisable by single judge
83Y. (1) The powers of the Court of Appeal under this Part which are specified in subsection (2) and the power to give directions under section 156(5) of the Crimes Ordinance (Cap. 200) may be exercised by a single judge in the same manner as they may be exercised by the Court of Appeal and subject to the same provisions. (Amended, 25 of 1978, s. 5)
(2) The said powers are the following-
(a) to give leave to appeal;
Page 60
Page 61
1988 Ed.
Criminal Procedure
[CAP. 221
59
(4) The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.
(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 30]
Award of costs by Court of Appeal
83XX. (1) This section applies to any appeal-
(a) under section 82 against conviction;
(b) under section 83J against a verdict of not guilty by reason of insanity; (c) under section 83M against a finding under section 75 that the
appellant is under disability.
(2) Where an appeal to which this section applies is allowed, the Court of Appeal may, subject to subsection (3), order the payment out of the public revenue of the costs of the appellant.
(3) No order shall be made under this section where-
(a) in the case of an appeal referred to in subsection (1)(a), the appellant is
ordered under section 83E to be retried;
(b) in the case of an appeal referred to in subsection (1)(b), the provisions
of section 83K(4)(a) apply; or
(c) in the case of an appeal referred to in subsection (1)(c), the provisions
of section 83N(3) apply.
(4) The costs payable under this section shall be such sums as appear to the Court of Appeal reasonably sufficient to compensate the appellant for any expenses properly incurred by him in the appeal, including any proceedings preliminary or incidental thereto or in the court of trial or before a magistrate.
(5) The amount of costs ordered to be paid under this section shall, ex- cept where the amount is fixed by the Court of Appeal, be ascertained by the Registrar.
( Added, 2 of 1978, s. 3)
[cf. U.K. 1973 c. 14, s. 7]
Supplementary
Powers of Court of Appeal under Part IV which are exercisable by single judge
83Y. (1) The powers of the Court of Appeal under this Part which are specified in subsection (2) and the power to give directions under section 156(5) of the Crimes Ordinance (Cap. 200) may be exercised by a single judge in the same manner as they may be exercised by the Court of Appeal and subject to the same provisions. (Amended, 25 of 1978, s. 5)
(2) The said powers are the following-
(a) to give leave to appeal;
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