Hong Kong Ordinances

DISTRICT COURT ORDINANCE - SECT 64

Powers of Court of Appeal on appeal

(Past version on 30/06/1997).

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

(1) On any appeal, the Court of Appeal may draw any inference of fact and may-

   (a)  order a new trial on such terms as it thinks just; or

   (b)  order judgment to be entered for any party; or

   (c)  make a final or other order on such terms as it thinks proper to
        ensure the determination on the merits of the real question in
        controversy between the parties.

(2) On any appeal, the Court of Appeal may reverse or vary, in favour of a
party seeking to support the judgment or order of the Court in whole or in
part, any determinations made in the Court on questions of fact,
notwithstanding that the appeal is on a point of law only, or any such
determinations on points of law notwithstanding that the appeal is an appeal
on a question of fact only.

(3) On any appeal, the Court of Appeal may receive further evidence in
accordance with the provisions of the Rules of the High Court ( Cap 4 sub.
leg.). (Amended 103 of 1970 s. 7; 25 of 1998 s. 2)

(22 of 1962 s. 40 incorporated)