Hong Kong Ordinances

CRIMINAL PROCEDURE ORDINANCE - SECT 83W

Effect of appeal on sentence

(Past version on 30/06/1997).

Adaptation amendments retroactively made - see 39 of 1999 s. 3

Other matters depending on result of appeal

(1) The time during which an appellant is in custody pending the determination
of his appeal shall, subject to any direction which the  Court of Appeal may
give to the contrary, be reckoned as part of the term of any sentence to which
he is for the time being subject.

(2) Where the Court of Appeal gives a contrary direction under subsection (1),
it shall state its reasons for doing so; and it shall not give any such
direction where-

   (a)  leave to appeal has been granted; or

   (b)  a certificate has been given by the judge of the court of trial under
        section 82; or

   (c)  the case has been referred to it by the Chief Executive under
        section 83P. (Amended 39 of 1999 s. 3)

(3) Where an appellant is admitted to bail under section 83R, the time during
which he is at large after being so admitted shall be disregarded in computing
the term of any sentence to which he is for the time being subject.

(4) The term of any sentence passed by the Court of Appeal under section 83A,
83B, 83C, 83I or 83K(4) shall, unless the Court of Appeal otherwise directs,
begin to run from the time when it would have begun to run if passed in the
proceedings from which the appeal lies. (Added 34 of 1972 s. 18) [cf. 1968 c.
19 s. 29 U.K.]