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

81DB. Defendant may be detained in custody or admitted to bail immediately after verdict of acquittal
(1) If, immediately after the court gives a verdict or order mentioned in section 81DA(1)(b) in relation to a defendant, the Secretary for Justice informs the court that the Secretary intends to appeal against the verdict or order under section 81DA(2), the court may—
(a) on the application of the Secretary, order that the defendant be detained in custody pending the determination of the appeal by the Court of Appeal; or
(b) admit the defendant to bail.
(2) To avoid doubt, subsection (1) is subject to Article 42 of the HK National Security Law.

81DC. Court of Appeal may issue warrant for arrest of respondent
(1) If the Secretary for Justice makes an application under section 81DA(4) for the purpose of making an appeal under section 81DA(2), the Court of Appeal may, on application made by the Secretary in chambers, issue a warrant addressed to police officers directing that the respondent of the appeal be arrested and brought before the Court of Appeal.
(2) If the respondent is arrested under subsection (1), the Court of Appeal may—
(a) order that the respondent be detained in custody pending the determination of the appeal by the Court of Appeal; or
(b) admit the respondent to bail.
(3) To avoid doubt, subsection (2) is subject to Article 42 of the HK National Security Law.

81DD. Determination of appeal by Court of Appeal
(1) On an appeal against a verdict or order under section 81DA, whether or not the respondent of the appeal appears at the hearing of the appeal, the Court of Appeal—
(a) if it is satisfied that there is no sufficient ground for interfering with the verdict or order—must dismiss the appeal; or
(b) if it is satisfied that there are sufficient grounds for interfering with the verdict or order—must reverse the verdict or order, and direct that—
(i) the trial in which the verdict or order is given in relation to the respondent be resumed in the court; or
(ii) the respondent be retried in the court.
(2) The Court of Appeal may also give all such necessary and consequential directions as it considers appropriate.

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

81E. Appeal to Court of Appeal following discharge
(1) Where any person has been discharged under section 16 or 79G or under section 22 of the Complex Commercial Crimes Ordinance (Cap. 394), the Secretary for Justice may appeal to the Court of Appeal against that person’s discharge. (Amended 57 of 1988 s. 32; 69 of 1995 s. 4; L.N. 362 of 1997)
(2) The appeal may be—
(a) on any ground which involves a question of law;
(b) on the ground that the documents and evidence before the court were sufficient to establish a prima facie case against the accused for the offence set out in the charge or for any other offence for which he might be convicted upon that charge.
(3) The Court of Appeal may, if it allows an appeal under this section, quash the acquittal of the accused and order him to be tried.
(4) The Court of Appeal may, in ordering a trial, make such orders as appear to it to be necessary for the custody, or admission to bail, of the person ordered to be tried.
(5) The provisions of section 81D(2) and (3) shall apply to an appeal under this section as they do to an appeal under section 81D(1).
(Added 48 of 1983 s. 4)

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

81F. Appeal to Court of Appeal against order quashing indictment
(1) Where the court quashes an indictment, the Secretary for Justice may appeal to the Court of Appeal against the order quashing the indictment. (Amended L.N. 362 of 1997)
(2) The appeal may be made only on a ground which involves a question of law.
(3) The Court of Appeal may, if it allows an appeal under this section, set aside the order and order the accused to be tried.
(4) The Court of Appeal may, in ordering a trial, make such orders as appear to it to be necessary for the detention, or admission to bail, of the person ordered to be tried for so long as the trial is pending.
(5) The provisions of section 81D(2) shall apply to an appeal under this section as they do to an appeal under section 81D(1).
(6) (a) In an appeal under this section, the Court of Appeal may order the payment out of the public revenue of—
(i) the costs of the accused; or
(ii) any part of the costs of the accused as the Court of Appeal may think fit.
(b) The costs of the accused payable under paragraph (a)(i) shall be such sums as appear to the Court of Appeal reasonably sufficient to compensate the accused for any expenses properly incurred by him in the appeal, including any proceedings preliminary or incidental thereto or in the court of trial or before a magistrate.
(c) The amount of the costs of the accused payable under paragraph (a)(i) shall, except where the amount is fixed by the Court of Appeal, be ascertained by the Registrar.
(Added 68 of 1995 s. 9)

82. Right of appeal
(1) A person convicted of an offence on indictment may appeal to the Court of Appeal against his conviction.
(2) The appeal may be—
(a) on any ground 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.
(Replaced 34 of 1972 s. 18)[cf. 1968 c. 19 s. 1 U.K.]