Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 13

Jurisdiction of Court of Appeal

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 25 of 1998 s. 2

(1) The Court of Appeal shall be a superior court of record.

(2) The civil jurisdiction of the Court of Appeal shall consist of-

   (a)  appeals from any judgment or order of the Court of First  Instance in
        any civil cause or matter; (Amended 25 of 1998 s. 2)

   (b)  appeals under section 63 of the District Court Ordinance ( Cap  336);
        and

   (c)  any other jurisdiction conferred on it by any law.

(3) The criminal jurisdiction of the Court of Appeal shall consist of-

   (a)  appeals from the Court of First Instance or District Court under Part
        IV of the Criminal Procedure Ordinance ( Cap 221); (Amended 25 of 1998
        s. 2)

   (aa) appeals from a judgment or order of the Court of First  Instance given
        or made in the exercise of the powers conferred on it under
        section 21I(1) and relating to a criminal cause or matter; (Added 2 of
        1993 s. 3. Amended 25 of 1998 s. 2)

   (b)  the consideration of questions of law reserved under section  81 (1)
        of the Criminal Procedure Ordinance ( Cap 221);

   (c)  the consideration of-

        (i)    applications by the Secretary for Justice for the review of any
               sentence under section 81A(1) of the
               Criminal Procedure Ordinance ( Cap  221);

        (ii)   references by the Secretary for Justice of questions of law
               under section 81D of the Criminal Procedure Ordinance (
               Cap 221); (Replaced 20 of 1979 s. 10. Amended L.N. 362 of 1997)

   (d)  appeals by way of case stated from the District Court under section 84
        of the District Court Ordinance ( Cap 336); and

   (e)  any other jurisdiction conferred on it by any law.

(4) For the purposes of and incidental to-

   (a)  the hearing and determination of any appeal to the Court of Appeal;
        and

   (b)  the amendment, execution and enforcement of any judgment or order made
        on such an appeal, the Court of Appeal shall have all the authority
        and jurisdiction of the court or tribunal from which the appeal was
        brought. (Added 52 of 1987 s. 9) [cf. 1981 c. 54 s. 15 U.K.]

(5) Any provision in this or any other Ordinance which authorizes or requires
the taking of any steps for the execution or enforcement of a judgment or
order of the Court of First Instance applies in relation to a judgment or
order of the Court of Appeal as it applies in relation to a judgment or order
of the Court of First Instance. (Added 52 of 1987 s. 9. Amended 25 of 1998 s.
2)