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

81. Power to reserve question of law for consideration of Court of Appeal
(1) The judge of the court of trial may reserve for the consideration of the Court of Appeal any question of law which may arise on the trial of any indictment.
(2) In exercising his power under subsection (1), the judge may act either of his own motion or on the application of the Secretary for Justice or the defence. (Amended L.N. 362 of 1997)
(3) A judge may, if he reserves a question of law under subsection (1) and the accused person has been convicted—
(a) postpone judgment until the question has been considered and decided; and
(b) commit the person convicted to prison or admit him to bail, with or without one or more sufficient sureties, and in such sum as he may think fit, conditioned to appear at such time or times as the judge may direct and receive judgment.
(4) Upon consideration of a question reserved under subsection (1), the Court of Appeal may—
(a) affirm or quash the conviction or order a new trial; and
(b)  make such other orders as may be necessary to give effect to its decision: 
Provided that the Court of Appeal may, notwithstanding that it is of opinion that the question so reserved might be decided in favour of the convicted person, affirm the conviction if it considers that no miscarriage of justice has actually occurred.(Replaced 34 of 1972 s. 15)

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

81B. Review of sentence by Court of Appeal
(1) Upon the hearing of the application the Court of Appeal may, by order—
(a) if it thinks that the sentence was not authorized by law, was wrong in principle or was manifestly excessive or manifestly inadequate, quash the sentence passed by the court and pass such other sentence (whether more or less severe) warranted in law in substitution therefor as it thinks ought to have been passed;
(b) in any other case, refuse to alter the sentence.
(2) The Secretary for Justice and the respondent shall have the right to be heard on the hearing of the review of a sentence. (Amended L.N. 362 of 1997)
(2A) The Court of Appeal may hear and determine an application for the review of a sentence notwithstanding that the respondent is not present, if the respondent has been served with an application or notice of it. (Added 20 of 1979 s. 5)
(3) For the purposes of this section the Court of Appeal may exercise any of the powers conferred by section 83V.
(Added 18 of 1972 s. 2. Amended 34 of 1972 s. 16)

81C. Limitation on review of sentence by Court of Appeal under section 81B
(1) The Court of Appeal shall not review a sentence under section 81B if the respondent has—
(a) appealed against the conviction in respect of which the sentence was passed, unless the appeal has been withdrawn or disposed of; (Replaced 20 of 1979 s. 6)
(b) applied under section 104 of the Magistrates Ordinance (Cap. 227) to a magistrate to review his decision, unless the application has been withdrawn or disposed of; or
(c) applied under section 105 of the Magistrates Ordinance (Cap. 227) to a magistrate to state a case, unless the application has been withdrawn or disposed of.
(2) Nothing in section 81B shall prejudice the exercise of a right of appeal conferred on a convicted person by this or any other Ordinance, but the Court of Appeal may hear together an application for the review of a sentence and an appeal by the respondent under this Part against the sentence. (Amended 20 of 1979 s. 6)
(Added 18 of 1972 s. 2. Amended 34 of 1972 s. 17; 40 of 1978 s. 2)

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

81D. Reference to Court of Appeal of question of law following acquittal
(1) Where a person tried on indictment has been acquitted (whether in respect of the whole or part of the indictment) the Secretary for Justice may, if he desires the opinion of the Court of Appeal on a question of law which has arisen in the case, refer that question to the Court of Appeal which shall, in accordance with this section, consider the point and give its opinion on it. (Amended L.N. 362 of 1997)
(2) For the purpose of its consideration of a question referred to them under this section the Court of Appeal shall hear argument—
(a) by, or by counsel on behalf of, the Secretary for Justice; (Amended L.N. 362 of 1997)
(b) if the acquitted person desires to present any argument, by counsel on his behalf or, with the leave of the Court of Appeal, by the acquitted person himself; and
(c) if the Court of Appeal so directs, by counsel appointed as amicus curiae by the Registrar.
(3) Where, on a question being referred to the Court of Appeal under this section, the acquitted person appears by counsel for the purpose of presenting any argument to the Court of Appeal, he shall be entitled to his costs, that is to say to the payment out of the general revenue of such sums as are reasonably sufficient to compensate him for any expenses properly incurred by him for the purpose of being represented on the reference; and any amount recoverable under this subsection shall be ascertained as soon as practicable by the Registrar.
(4) A reference under this section shall not affect the trial in relation to which the reference is made or any acquittal in that trial.
(Added 20 of 1979 s. 7)[cf. 1972 c. 71 s. 36 U.K.]

81DA. Appeal by way of case stated against verdict of acquittal given by the court without jury
(1) This section applies if—
(a) the court tries a case concerning offences endangering national security without a jury by a panel of 3 judges under Article 46 of the HK National Security Law; and
(b) the court gives a verdict or order of acquittal (including an order quashing or dismissing a charge for an alleged defect in the charge or for want of jurisdiction) in relation to a defendant in the case.
(2) The Secretary for Justice (Secretary