1964_CRIMINAL_PROCEDURE_ORDINANCE — Page 61

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CAP. 221]

Criminal Procedure

[1988 Ed.

(b) to extend the time within which notice of appeal or of application for leave to appeal may be given;

(d) to order a witness to attend for examination;

(e) to admit an appellant to bail;

(f) to make orders under section 83F(2) and discharge or vary such orders;

(g) to give directions under section 83W(1);

(h) to give leave to apply for the review of a sentence under section 81A;

(i) to make orders under section 83XX for the payment of costs; (Added, 2 of 1978, s. 4)

(j) to order a respondent to be detained in custody under section 81A(3). (Added, 20 of 1979, s. 8)

(3) If the single judge refuses an application on the part of an appellant or applicant to exercise in his favour any of the powers above specified, the appellant or applicant shall be entitled to have the application determined by the Court of Appeal.

(4) The references in this section to a single judge are to a single judge of the Court of Appeal or of the High Court. (Added, 29 of 1978, s. 2)

(Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 31]

PART IVA

OTHER PROCEEDINGS SUBSEQUENT TO TRIAL

(Added, 34 of 1972, s. 19)

Restitution of property

Restitution of property in case of conviction

84. (1) Subject to the provisions of the Pawnbrokers Ordinance (Cap.166), where any person is convicted of an indictable offence, any property found in his possession, or in the possession of any other person for him, may be ordered by the court or magistrate to be delivered to the person who appears to the court or magistrate to be entitled thereto. (Replaced, 17 of 1930, s. 8)

(2) Nothing in this section shall prevent any magistrate or the court from ordering the return to any person charged with an indictable offence, or to any person named by the magistrate or the court, of any property found in the possession of the person so charged or in the possession of any other person for him, or of any portion thereof, if the magistrate or the court is of opinion that such property or portion thereof can be returned consistently with the interests of justice and with the safe custody or otherwise of the person so charged. (Amended, 5 of 1924, Schedule and 17 of 1930, s. 8)

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60 CAP. 221] Criminal Procedure [1988 Ed. (b) to extend the time within which notice of appeal or of application for leave to appeal may be given; (c) to allow an appellant to be present at any proceedings; (d) to order a witness to attend for examination; (e) to admit an appellant to bail; (f) to make orders under section 83F(2) and discharge or vary such orders; (g) to give directions under section 83W(1); (h) to give leave to apply for the review of a sentence under section 81A; (i) to make orders under section 83XX for the payment of costs; (Added, 2 of 1978, s. 4) (j) to order a respondent to be detained in custody under section 81A(3). (Added, 20 of 1979, s. 8) (3) If the single judge refuses an application on the part of an appellant or applicant to exercise in his favour any of the powers above specified, the appellant or applicant shall be entitled to have the application determined by the Court of Appeal. (4) The references in this section to a single judge are to a single judge of the Court of Appeal or of the High Court. (Added, 29 of 1978, s. 2) (Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 31] PART IVA OTHER PROCEEDINGS SUBSEQUENT TO TRIAL (Added, 34 of 1972, s. 19) Restitution of property Restitution of property in case of conviction 84. (1) Subject to the provisions of the Pawnbrokers Ordinance (Cap.166), where any person is convicted of an indictable offence, any property found in his possession, or in the possession of any other person for him, may be ordered by the court or magistrate to be delivered to the person who appears to the court or magistrate to be entitled thereto. (Replaced, 17 of 1930, s. 8) (2) Nothing in this section shall prevent any magistrate or the court from ordering the return to any person charged with an indictable offence, or to any person named by the magistrate or the court, of any property found in the possession of the person so charged or in the possession of any other person for him, or of any portion thereof, if the magistrate or the court is of opinion that such property or portion thereof can be returned consistently with the interests of justice and with the safe custody or otherwise of the person so charged. (Amended, 5 of 1924, Schedule and 17 of 1930, s. 8)

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60 CAP. 221] Criminal Procedure [1988 Ed. (b) to extend the time within which notice of appeal or of application for leave to appeal may be given; (c) to allow an appellant to be present at any proceedings; (d) to order a witness to attend for examination; (e) to admit an appellant to bail; (f) to make orders under section 83F(2) and discharge or vary such orders; (g) to give directions under section 83W(1); (h) to give leave to apply for the review of a sentence under section 81A; (i) to make orders under section 83XX for the payment of costs; (Add- ed, 2 of 1978, s. 4) (j) to order a respondent to be detained in custody under section 81A(3). (Added, 20 of 1979, s. 8) (3) If the single judge refuses an application on the part of an appellant or applicant to exercise in his favour any of the powers above specified, the appellant or applicant shall be entitled to have the application determined by the Court of Appeal. (4) The references in this section to a single judge are to a single judge of the Court of Appeal or of the High Court. (Added, 29 of 1978, s. 2) (Added, 34 of 1972, s. 18) [cf. U.K. 1968 c. 19, s. 31] PART IVA OTHER PROCEEDINGS SUBSEQUENT TO TRIAL (Added, 34 of 1972, s. 19) Restitution of property Restitution of property in case of conviction 84. (1) Subject to the provisions of the Pawnbrokers Ordinance (Cap. 166), where any person is convicted of an indictable offence, any property found in his possession, or in the possession of any other person for him, may be ordered by the court or magistrate to be delivered to the person who appears to the court or magistrate to be entitled thereto. (Replaced, 17 of 1930, s. 8) (2) Nothing in this section shall prevent any magistrate or the court from ordering the return to any person charged with an indictable offence, or to any person named by the magistrate or the court, of any property found in the possession of the person so charged or in the possession of any other person for him, or of any portion thereof, if the magistrate or the court is of opinion that such property or portion thereof can be returned consistently with the interests of justice and with the safe custody or otherwise of the person so charged. (Amended, 5 of 1924, Schedule and 17 of 1930, s. 8)

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CAP. 221]

Criminal Procedure

[1988 Ed.

(b) to extend the time within which notice of appeal or of application for

leave to appeal may be given;

(d) to order a witness to attend for examination;

(e) to admit an appellant to bail;

(f) to make orders under section 83F(2) and discharge or vary such

orders;

(g) to give directions under section 83W(1);

(h) to give leave to apply for the review of a sentence under section 81A; (i) to make orders under section 83XX for the payment of costs; (Add-

ed, 2 of 1978, s. 4)

(j) to order a respondent to be detained in custody under section

81A(3). (Added, 20 of 1979, s. 8)