1988 Ed.]
Magistrates
[CAP. 227
77
(5) Any order under subsection (4)(b) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.
(6) The Registrar shall enter upon the record any order made by the judge under this section.
(7) The powers conferred by this section shall be in addition to, and not in derogation of, any other powers conferred by this or any other Ordinance, and this section shall not, save as otherwise expressly provided therein, be taken to affect the law relating to the procedure for enforcing recognizances.
(Added, 24 of 1949, s. 39) [cf. U.K. 1933 c. 38, s. 6]
Treatment of appellants pending appeal or re-hearing
122. (1) A judge may, on the application of an appellant who is in custody, order the appellant to be brought up to the court in custody for the purpose of attending his appeal or any application or any proceeding therein.
(2) Without prejudice to subsection (1), a judge may, on the application of an appellant who is in custody, admit the appellant to bail pending the determination of his appeal or any proceeding therein.
(3) The time during which an appellant is held in custody pending the determination of his appeal or any application or proceeding therein shall, subject to any direction which a judge may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.
(4) Where an appellant is admitted to bail under subsection (2) or under section 119(a), the time during which he is at large after being so admitted shall not be reckoned as part of the term of any sentence to which he is for the time being subject.
(5) The term of any sentence passed by a judge on an appeal shall, unless a judge otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.
(6) Section 119(a) and subsections (1) to (5) of this section shall apply to the case of a review under the provisions of section 104, in like manner as if the convicted person were an appellant, save that references to a judge shall be construed as references to the magistrate and references to an appeal shall be construed as references to a review.
Right of Attorney General to substitute himself as a party in appeals in certain cases
(Replaced, 58 of 1974, s. 3)
123. In the case of any appeal to which section 105 or 113 applies from a determination relating to or connected with an offence it shall be lawful for the Attorney General, if he is not already a party, to cause himself to be substituted as a party in lieu of the complainant or informant at any time before the date fixed for the hearing of the appeal by notice in writing to such complainant or informant and to the Registrar and thereupon such complainant or informant
1988 Ed.]
Magistrates
[CAP. 227
77
(5) Any order under subsection (4)(b) postponing the payment of any sum due in respect of a recognizance, shall operate as a direction to the Registrar to proceed with the enforcement of payment of the sum due in respect of the recognizance only if and when default is made in complying with the order.
(6) The Registrar shall enter upon the record any order made by the judge under this section.
(7) The powers conferred by this section shall be in addition to, and not in derogation of, any other powers conferred by this or any other Ordinance, and this section shall not, save as otherwise expressly provided therein, be taken to affect the law relating to the procedure for enforcing recognizances.
(Added, 24 of 1949, s. 39) [cf. U.K. 1933 c. 38, s. 6]
Treatment of appellants pending appeal or re-hearing
122. (1) A judge may, on the application of an appellant who is in custody, order the appellant to be brought up to the court in custody for the purpose of attending his appeal or any application or any proceeding therein.
(2) Without prejudice to subsection (1), a judge may, on the application of an appellant who is in custody, admit the appellant to bail pending the determination of his appeal or any proceeding therein.
(3) The time during which an appellant is held in custody pending the determination of his appeal or any application or proceeding therein shall, subject to any direction which a judge may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.
(4) Where an appellant is admitted to bail under subsection (2) or under section 119(a), the time during which he is at large after being so admitted shall not be reckoned as part of the term of any sentence to which he is for the time being subject.
(5) The term of any sentence passed by a judge on an appeal shall, unless a judge otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.
(6) Section 119(a) and subsections (1) to (5) of this section shall apply to the case of a review under the provisions of section 104, in like manner as if the convicted person were an appellant, save that references to a judge shall be construed as references to the magistrate and references to an appeal shall be construed as references to a review.
Right of Attorney General to substitute himself as a party in appeals in certain cases
(Replaced, 58 of 1974, s. 3)
123. In the case of any appeal to which section 105 or 113 applies from a determination relating to or connected with an offence it shall be lawful for the Attorney General, if he is not already a party to cause himself to be substituted as a party in lieu of the complainant or informant at any time before the date fixed for the hearing of the appeal by notice in writing to such complainant or informant and to the Registrar and thereupon such complainant or informant
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