Hong Kong Ordinances

HIGH COURT ORDINANCE - SECT 50

Appeal in cases of contempt of court

(Past version on 30/06/1997).

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

"court" (法庭)