1964_DISTRICT_COURT_ORDINANCE — Page 42

1984 Ed.]

District Court

[CAP. 336

41

applicable, and, in particular, any reference to "indictment" shall be understood to refer to a charge sheet, and any reference to "jury" shall be understood to refer to a judge as a judge of fact.

(1 of 1953, s. 32, incorporated. Amended, 21 of 1962, s. 17 and 34 of 1972, s. 22)

84. An appeal shall lie at the suit of the Attorney General to the Court of Appeal against a verdict or order of acquittal, which shall include any order quashing or dismissing a charge for any alleged defect therein or want of jurisdiction. Such an appeal shall relate to matters of law only and the following procedure shall apply thereto-

(a) within 7 clear days after the reasons for a verdict have been recorded or after the order of acquittal, or within such further period as a judge of the Supreme Court may, whether before or after the expiration of such period, allow, an application may be made in writing to the judge to state a case setting forth the facts and the grounds on which the verdict or order was arrived at or made and the grounds on which the proceeding is questioned for the opinion of the Court of Appeal; and the provisions of sections 106 to 109 inclusive of the Magistrates Ordinance shall apply, mutatis mutandis, to the preparation, amendment and setting down of such case stated;

(b) following such application a judge of the Supreme Court may, on application being made to him in Chambers, issue a warrant addressed to police officers directing that the respondent be arrested and brought before him, and may commit the respondent to prison pending the disposal of the appeal or admit him to bail;

(c) at the hearing of the appeal, whether or not the respondent appears, the Court of Appeal shall-

(i) if it is satisfied that there is no sufficient ground for interfering, dismiss the appeal; or

(ii) reverse the verdict or order and direct that the trial be resumed or that the accused be retried as the case may be, or find him guilty, record a conviction and pass such sentence on him as might have been passed on him by a judge; and

(iii) give all such necessary and consequential directions as it shall think fit.

(Added, 31 of 1962, s. 2)

85. Sections 89, 90 and 91 of the Criminal Procedure Ordinance shall apply to proceedings in the Court with such verbal alterations and modifications not affecting the substance thereof as may be necessary to render the same conveniently applicable.

(Replaced, 5 of 1971, s. 13)

Appeal by way of case stated. (Cap. 227.)

Aiders and abettors. (Cap. 221.)