High Court Ordinance

(1)
This section relates to the Court of Appeal in the exercise of its
                criminal jurisdiction; and in this section
Court
(
法庭
) 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 Court of First Instance in which there
                    has been a trial thereof or of any issue therein with a jury; or
(Amended
25 of 1998 s. 2
)
(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
(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 Secretary for
                Justice for the review of any sentence, and the consideration of a reference by the
                Secretary for Justice of a question of law, under
sections 81
,
81A
and
81D
respectively of that Ordinance.
(Amended
20 of 1979 s. 10
;
L.N. 362 of
                    1997
)