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

(1)
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.
(2)
Any sentence passed by the Court of First Instance by virtue of this section in
                substitution for the sentence passed by a magistrate or the District Court shall,
                unless the Court of First Instance otherwise directs, begin to run from the time
                when it would have begun to run if passed by the magistrate or the District
                Court.
(3)
This section shall apply, with the necessary modifications, in relation to any
                order of a magistrate or the District Court which is made on, but does not form part
                of, the conviction of an offender as it applies in relation to a conviction and
                sentence.