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Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.25

Power of Court of First Instance to vary sentence on certiorari

Where a person who has been sentenced for an offence by a magistrate or the
                District Court applies to the Court of First Instance for an order of certiorari to
                remove the proceedings before the magistrate or the District Court into the Court of
                First Instance, and the Court of First Instance determines that the magistrate or
                the District Court had no power to pass the sentence, the Court of First Instance
                may, instead of quashing the conviction, amend it by substituting for the sentence
                passed any sentence which the magistrate or the District Court had power to
                impose.