### Criminal Procedure Ordinance 《刑事訴訟程序條例》

83K. Disposal of appeal under section 83J
(1) Subject to the provisions of this section, the Court of Appeal shall allow an appeal under section 83J if it is of opinion—
(a) that the verdict should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or
(b) that the order of the court giving effect to the verdict should be set aside on the ground of a wrong decision of any question of law; or
(c) that there was a material irregularity in the course of the trial,
and in any other case shall dismiss the appeal.
(2) The Court of Appeal may dismiss an appeal under section 83J if of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no miscarriage of justice has actually occurred.
(3) Where apart from this subsection—
(a) an appeal under section 83J would fall to be allowed; and
(b) none of the grounds for allowing it relates to the question of the insanity of the accused person,
the Court of Appeal may dismiss the appeal if it is of opinion that, but for the insanity of the accused person, the proper verdict would have been that he was guilty of an offence other than the offence charged.
(4) Where an appeal under section 83J is allowed, the following provisions apply—
(a) if the ground, or one of the grounds, for allowing the appeal is that the finding of the jury as to the insanity of the accused person ought not to stand and the Court of Appeal is of opinion that the proper verdict would have been that he was guilty of an offence (whether the offence charged or any other offence of which the jury could have found him guilty), the Court of Appeal—
(i) shall substitute for the verdict of not guilty by reason of insanity a verdict of guilty of that offence; and
(ii) shall have the like powers of punishing or otherwise dealing with the appellant, and other powers, as the court of trial would have had if the jury had come to the substituted verdict; and
(b) in any other case, the Court of Appeal shall substitute for the verdict of the jury a verdict of acquittal.
(5) An order of the Court of Appeal allowing an appeal in accordance with this section shall operate as a direction to the court of trial to amend the record to conform with the order.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 13 U.K.]

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

83L. Hospital order on disposal of appeal
(1) Where, on an appeal under section 83J, the Court of Appeal is of opinion that the case is not one where there should have been a verdict of acquittal but that there should have been a finding that the accused person was under disability, the Court of Appeal shall make an order that the appellant be admitted to the Correctional Services Department Psychiatric Centre or such mental hospital as may be specified by the Chief Executive. (Amended 37 of 1973 s. 7; 39 of 1999 s. 3)
(2) Where in accordance with section 83K(4)(b) the Court of Appeal substitutes a verdict of acquittal, and it is of opinion—
(a) that the appellant is suffering from mental disorder of a nature or degree which warrants his detention in a mental hospital under observation (with or without medical treatment) for at least a limited period; and
(b) that he ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons,
the Court of Appeal shall make an order that the appellant be admitted for observation to such mental hospital as may be specified by the Chief Executive. (Amended 39 of 1999 s. 3)
(3) Schedule 5 shall apply with respect to the consequences and effect of an order made by the Court of Appeal under this section. (Amended 58 of 1994 s. 4)
(4) On making an order under this section in the case of any person, the Court of Appeal may give such directions as it thinks fit for his conveyance to a place of safety and his detention there pending his admission to the Correctional Services Department Psychiatric Centre or a mental hospital within the relevant period specified in Schedule 5. (Amended 37 of 1973 s. 7; 58 of 1994 s. 4)
(5) In section 52 of the Mental Health Ordinance (Cap. 136) (which relates to the removal to a mental hospital of persons serving sentences of imprisonment and is applied by subsection (5) of that section also to persons in other forms of detention) references to a person serving a sentence of imprisonment shall be construed as not including references to a person subject to an order of the Court of Appeal under subsection (1).
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 14 U.K.]

### Criminal Procedure Ordinance 《刑事訴訟程序條例》

83M. Right of appeal against finding of disability
(1) Where there has been a determination under section 75 of the question of a person’s fitness to be tried, and the jury has returned a finding that he is under disability, the person may appeal to the Court of Appeal against the finding.
(2) An appeal under this section may be—
(a) on any ground of appeal which involves a question of law alone; and
(b) with the leave of the Court of Appeal, on any ground which involves a question of fact alone, or a question of mixed law and fact, or on any other ground which appears to the Court of Appeal to be a sufficient ground of appeal,
but if the judge of the court of trial grants a certificate that the case is fit for appeal on a ground which involves a question of fact, or a question of mixed law and fact, an appeal lies under this section without the leave of the Court of Appeal.
(3) Subject to subsection (4), section 75(6) and (7) shall apply to this section as it applies to section 75. (Added 37 of 1996 s. 6)
(4) Without prejudice to the operation of sections 105 and 113 of the Magistrates Ordinance (Cap. 227), this section shall not apply to a determination under section 75 made by a magistrate. (Added 37 of 1996 s. 6)
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 15 U.K.]