Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 83A

Power to substitute conviction of alternative offence

(1) This section applies on an appeal against conviction, where the appellant
has been convicted of an offence and the jury could on the indictment have
found him guilty of some other offence, and on the finding of the jury it
appears to the Court of Appeal that the jury must have been satisfied of facts
which proved him guilty of the other offence.

(2) The Court of Appeal may, instead of allowing or dismissing the appeal,
substitute for the verdict found by the jury a verdict of guilty of the other
offence, and pass such sentence in substitution for the sentence passed at the
trial as may be authorized by law for the other offence, not being a sentence
of greater severity. (Added 34 of 1972 s. 18) [cf. 1968 c. 19 s. 3 U.K.]