1964_SUPREME_COURT_ORDINANCE — Page 39

38

CAP. 4

Supreme Court

[1989 Ed.

any question as to the effect of the evidence given with respect to that law shall, instead of being submitted to the jury, be decided by the judge alone.

(Added 52 of 1987 s. 25) [cf. 1981 c. 54 s. 69 U.K.]

34. Sittings of Court of Appeal

(1) This section relates to the Court of Appeal in the exercise of its criminal jurisdiction; and in this section “Court" means the Court of Appeal exercising such jurisdiction. (Replaced 52 of 1987 s. 26)

(2) The Court shall be duly constituted for the purpose of determining any appeal

(a) by way of application for a new trial or to set aside a verdict, finding or judgment in any cause or matter in the High Court in which there has been a trial thereof or of any issue therein with a jury; or

(b) under Part IV of the Criminal Procedure Ordinance (Cap.221), if it consists of an uneven number of Justices of Appeal not less than 3. (Replaced 52 of 1987 s. 26)

(2A) The Court shall be duly constituted for the purpose of determining an appeal against sentence only under sections 83G and 83H of the Criminal Procedure Ordinance (Cap.221) if it consists of 2 Justices of Appeal. (Added 52 of 1987 s. 26)

(3) No judge shall sit as a member of the Court of Appeal on the hearing of, or shall determine any application in proceedings incidental or preliminary to-

(a) an appeal from a judgment or order made by him; or

(b) an appeal against a conviction before him or a sentence passed by him.

(4) Subject to subsection (6), where a Court of Appeal consisting of 3 or more Justices of Appeal sits, the judgment or order which is that of the majority of the Justices of Appeal sitting shall be deemed to be the judgment or order of the Court of Appeal, but if there is no judgment or order which is that of a majority of the Justices of Appeal sitting, the judgment or order appealed from shall be deemed to be the judgment or order of the Court of Appeal.

(5) Where a Court of Appeal consisting of 2 Justices of Appeal only sits and the 2 Justices of Appeal differ, then the judgment or order appealed from shall be disturbed only in so far as it may be modified or affected by any order they make as to which they do not differ:

Provided that--

(a) if the judgment or order appealed from is not so modified or affected, it shall be deemed to be the judgment or order of the Court of Appeal; or