Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 34

Sittings of Court of Appeal

(Past version on 30/06/1997).

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

(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) (Amended 52 of
1987 s. 26)

"Court" (法庭)