Cap. 4activeordinance

High Court Ordinance

高等法院條例

Full legislation

s.50

Appeal in cases of contempt of court

(1)
Subject to this section, an appeal shall lie from any order or decision of a
                court, other than the Court of Appeal, in the exercise of jurisdiction to punish for
                contempt of court, including criminal contempt; and in relation to any such order or
                decision this section shall have effect in substitution for any other law relating
                to appeals in civil or criminal proceedings.
(2)
An appeal under this section shall lie to the Court of Appeal in any case at
                the instance of the person against whom the proceedings for contempt of court were
                brought or the order was made and, in the case of an application for committal or
                attachment, at the instance of the applicant.
(3)
The Court of Appeal may on appeal reverse or vary the order or decision of a
                court, and make such other order as may be just; and without prejudice to the powers
                of any court to grant bail, provision may be made by rules of court for authorizing
                the release on bail of an appellant under this section.
(4)
In this
section—
(a)
court
(
法庭
) includes any tribunal or person
                    having power to punish for contempt; and
(b)
references to an order or decision of a court in the exercise of
                    jurisdiction to punish for contempt of court include references to an order or
                    decision of any court under any law enabling the court to deal with an offence
                    as if it were contempt of court.
(5)
This section does not apply to a conviction or sentence in respect of which an
                appeal lies under the Criminal Procedure Ordinance (
Cap.
                    221
), or to a decision of the Court of Appeal under that Ordinance; and
                for the purposes of that Ordinance and of this subsection an order for the
                punishment of any person for contempt of court in proceedings in which he has a
                right of appeal against his sentence shall be treated as part of that
                sentence.
[cf. 1960 c. 65 s. 13 U.K.]