1964_SUPREME_COURT_ORDINANCE — Page 40

HK Historical Laws 香港歷史法例 All AI Reviewed

1989 Ed.]

Supreme Court

[CAP. 4

(b) if the judgment or order appealed from is so modified or affected, it shall, as so modified or affected, be deemed to be the judgment or order of the Court of Appeal.

(6) In the case of an appeal under Part IV of the Criminal Procedure Ordinance (Cap. 221), if no 2 of the Justices of Appeal agree as to the judgment or order to be made

(a) the judgment or order of the trial judge; or

(b) where there is no such judgment or order, the judgment or order

of the President,

shall be deemed to be the judgment of the Court of Appeal.

(7) For the purposes of this section and section 34A, an appeal under Part IV of the Criminal Procedure Ordinance (Cap. 221) includes the consideration of a question of law reserved for the consideration of the Court of Appeal, the consideration of an application by the Attorney General for the review of any sentence, and the consideration of a reference by the Attorney General of a question of law, under sections 81, 81A and 81D respectively of that Ordinance. (Amended 20 of 1979 s. 10)

34A. Powers of single Justice of Appeal in Court

of Appeal in its criminal jurisdiction

(Amended 52 of 1987 s. 26)

(1) Subject to subsection (2), in pursuance of the criminal jurisdiction of the Court of Appeal, any power of the Court of Appeal not involving the determination of the appeal may be exercised by a single Justice of Appeal in the same manner as it may be exercised by the Court of Appeal and subject to the same provisions.

(2) Where a single Justice of Appeal refuses an application to exercise any power of the Court of Appeal in pursuance of subsection (1), the applicant shall be entitled to have the application determined by the Court of Appeal.

34B. Composition of Court of Appeal

in its civil jurisdiction

(Added 52 of 1987 s. 27)

(1) This section relates to the Court of Appeal in the exercise of its civil jurisdiction; and in this section "Court" means the Court of Appeal exercising such jurisdiction.

(2) The Court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of an uneven number of Justices of Appeal not less than 3.

(3) Where-

(a) part of any proceedings before the Court has been heard by an

uneven number of Justices of Appeal greater than 3; and

Page 40

Page 41

CAP. 4]

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1989 Ed.] Supreme Court [CAP. 4 39 (b) if the judgment or order appealed from is so modified or affected, it shall, as so modified or affected, be deemed to be the judgment or order of the Court of Appeal. (6) In the case of an appeal under Part IV of the Criminal Procedure Ordinance (Cap. 221), if no 2 of the Justices of Appeal agree as to the judgment or order to be made (a) the judgment or order of the trial judge; or (b) where there is no such judgment or order, the judgment or order of the President, shall be deemed to be the judgment of the Court of Appeal. (7) For the purposes of this section and section 34A, an appeal under Part IV of the Criminal Procedure Ordinance (Cap. 221) includes the consideration of a question of law reserved for the consideration of the Court of Appeal, the consideration of an application by the Attorney General for the review of any sentence, and the consideration of a reference by the Attorney General of a question of law, under sections 81, 81A and 81D respectively of that Ordinance. (Amended 20 of 1979 s. 10) 34A. Powers of single Justice of Appeal in Court of Appeal in its criminal jurisdiction (Amended 52 of 1987 s. 26) (1) Subject to subsection (2), in pursuance of the criminal jurisdiction of the Court of Appeal, any power of the Court of Appeal not involving the determination of the appeal may be exercised by a single Justice of Appeal in the same manner as it may be exercised by the Court of Appeal and subject to the same provisions. (2) Where a single Justice of Appeal refuses an application to exercise any power of the Court of Appeal in pursuance of subsection (1), the applicant shall be entitled to have the application determined by the Court of Appeal. 34B. Composition of Court of Appeal in its civil jurisdiction (Added 52 of 1987 s. 27) (1) This section relates to the Court of Appeal in the exercise of its civil jurisdiction; and in this section "Court" means the Court of Appeal exercising such jurisdiction. (2) The Court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of an uneven number of Justices of Appeal not less than 3. (3) Where- (a) part of any proceedings before the Court has been heard by an uneven number of Justices of Appeal greater than 3; and Page 40 Page 41 7 40 CAP. 4]

Baseline (Original)

1989 Ed.] Supreme Court [CAP. 4 39 (b) if the judgment or order appealed from is so modified or affected, it shall, as so modified or affected, be deemed to be the judgment or order of the Court of Appeal. (6) In the case of an appeal under Part IV of the Criminal Procedure Ordinance (Cap. 221), if no 2 of the Justices of Appeal agree as to the judgment or order to be made (a) the judgment or order of the trial judge; or (b) where there is no such judgment or order, the judgment or order of the President, shall be deemed to be the judgment of the Court of Appeal. (7) For the purposes of this section and section 34A, an appeal under Part IV of the Criminal Procedure Ordinance (Cap. 221) includes the consideration of a question of law reserved for the consideration of the Court of Appeal, the consideration of an application by the Attorney General for the review of any sentence, and the consideration of a reference by the Attorney General of a question of law, under sections 81, 81A and 81D respectively of that Ordinance. (Amended 20 of 1979 s. 10) 34A. Powers of single Justice of Appeal in Court of Appeal in its criminal jurisdiction (Amended 52 of 1987 s. 26) (1) Subject to subsection (2), in pursuance of the criminal jurisdiction of the Court of Appeal, any power of the Court of Appeal not involving the determination of the appeal may be exercised by a single Justice of Appeal in the same manner as it may be exercised by the Court of Appeal and subject to the same provisions. (2) Where a single Justice of Appeal refuses an application to exercise any power of the Court of Appeal in pursuance of subsection (1), the applicant shall be entitled to have the application determined by the Court of Appeal. 34B. Composition of Court of Appeal în its civil jurisdiction (Added 52 of 1987 s. 27) (1) This section relates to the Court of Appeal in the exercise of its civil jurisdiction; and in this section "Court" means the Court of Appeal exercising such jurisdiction. (2) The Court shall be duly constituted for the purpose of exercising any of its jurisdiction if it consists of an uneven number of Justices of Appeal not less than 3. (3) Where- (a) part of any proceedings before the Court has been heard by an uneven number of Justices of Appeal greater than 3; and 7 Page 40Page 41 40 CAP. 4]

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