Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 83P

Reference by Chief Executive

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 39 of 1999 s. 3 Review by Court
of Appeal of cases tried on indictment

(1) Where a person has been convicted on indictment or been tried
on indictment and found not guilty by reason of insanity, or been found by a
jury to be under disability, the Chief Executive may, if he thinks fit, at any
time either-

   (a)  refer the whole case to the Court of Appeal and the case shall then be
        treated for all purposes as an appeal to the Court of Appeal by that
        person; or

   (b)  if he desires the assistance of the Court of Appeal on any point
        arising in the case, refer that point to the Court of Appeal for its
        opinion thereon, and the Court of Appeal shall consider the point so
        referred and furnish the Chief Executive with its opinion thereon
        accordingly.

(2) A reference by the Chief Executive under this section may be made by him
either on an application by the person referred to in subsection (1), or
without any such application.

(3) For the avoidance of doubt, it is hereby declared that this section also
applies in a case where an appeal has been heard and determined by the Court
of Final Appeal. (Added 79 of 1995 s. 50) (Added 34 of 1972 s. 18. Amended 39
of 1999 s. 3) [cf. 1968 c. 19 s. 17 U.K.]