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

83F. Supplementary provisions as to retrial
(1) A person who is to be retried for an offence in pursuance of an order under section 83E shall be tried on a fresh indictment preferred by direction of the Court of Appeal, and shall be tried before such court as the Court of Appeal may direct (being the Court of First Instance or, if the offence is within the jurisdiction of the District Court, the District Court) or, if no such direction is given, before the court by which he was originally tried. (Amended 25 of 1998 s. 2)
(2) The Court of Appeal may, on ordering a retrial, make such orders as appear to it to be necessary or expedient—
(a) for the custody or admission to bail of the person ordered to be retried pending his retrial; or
(b) for the retention pending retrial of any property or money forfeited, restored or paid by virtue of the original conviction or any order made on that conviction.
(3) If the person ordered to be retried was, immediately before the determination of his appeal, liable to be detained in pursuance of an order under Part IV of the Mental Health Ordinance (Cap. 136)—
(a) that order shall continue in force pending the retrial as if the appeal had not been allowed; and
(b) any order made by the Court of Appeal under this section for his custody or admission to bail shall have effect subject to the said order.
(4) Schedule 6 shall have effect with respect to the procedure in the case of a person ordered to be retried and the sentence which may be passed if the retrial results in his conviction. (Amended 58 of 1994 s. 4)
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 8 U.K.]

83G. Appeal against sentence following conviction on indictment
A person who has been convicted of an offence on indictment may appeal to the Court of Appeal against any sentence (not being a sentence fixed by law) passed on him for the offence, whether passed on his conviction or in subsequent proceedings.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 9 U.K.]

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

83H. Appeal against sentence in other cases dealt with at the Court of First Instance
(1) This section has effect for providing rights of appeal against sentence when a person is dealt with by the Court of First Instance (otherwise than on appeal from a magistrate) for an offence of which he was not convicted on indictment. (Amended 25 of 1998 s. 2)
(2) The proceedings from which an appeal against sentence lies under this section are those where an offender—
(a) is committed by a magistrate under section 81B(3) of the Magistrates Ordinance (Cap. 227); or
(b) having been made the subject of a probation order or an order for conditional discharge or given a suspended sentence, appears or is brought before the court to be further dealt with for his offence.
(3) An offender dealt with for an offence in the Court of First Instance in a proceeding to which subsection (2) applies may appeal to the Court of Appeal in any of the following cases— (Amended 25 of 1998 s. 2)
(a) where either for that offence alone or for that offence and other offences for which sentence is passed in the same proceeding, he is sentenced to imprisonment for a term of 6 months or more; or
(b) where the sentence is one which the court convicting him had not power to pass; or
(c) where the court in dealing with him for the offence makes in respect of him—
(i) a recommendation for deportation; or
(ii) an order disqualifying him from holding or obtaining a driving licence to drive a motor vehicle under Part 8 of the Road Traffic Ordinance (Cap. 374); or (Amended 75 of 1982 s. 114)
(iii) an order under section 109C.
(4) For the purposes of subsection (3)(a), any 2 or more sentences are to be treated as passed in the same proceeding if—
(a) they are passed on the same day; or
(b) they are passed on different days but the court in passing any one of them states that it is treating that one together with the other or others as substantially one sentence,
and consecutive terms of imprisonment and terms which are wholly or partly concurrent are to be treated as a single term.
(Added 34 of 1972 s. 18. Amended E.R. 2 of 2012)[cf. 1968 c. 19 s. 10 U.K.]

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

83I. Supplementary provisions as to appeal against sentence
(1) An appeal against sentence, whether under section 83G or 83H, lies only with the leave of the Court of Appeal.
(2) Where the court, in dealing with an offender on his conviction on indictment, or in a proceeding to which section 83H(2) applies, has passed on him 2 or more sentences in the same proceeding (which expression has the same meaning in this subsection as it has for the purposes of section 83H), being sentences against which an appeal lies under section 83G or 83H, an appeal or application for leave to appeal against any one of those sentences shall be treated as an appeal or application in respect of both or all of them.
(3) On an appeal against sentence the Court of Appeal, if it considers that the appellant should be sentenced differently for an offence for which he was dealt with by the court below, may—
(a) quash any sentence or order which is the subject of the appeal; and
(b) in place of it pass such sentence or make such order as it thinks appropriate for the case (whether more or less severe) and as the court below had power to pass or make when dealing with him for the offence.
(4) The power of the Court of Appeal under subsection (3) to pass a sentence which the court below had power to pass for an offence shall, notwithstanding that the court below made no order under section 109C(1) in respect of a suspended sentence previously passed on the appellant for another offence, include power to deal with him in respect of that suspended sentence where the court below—
(a) could have so dealt with him if it had not passed on him a sentence of detention in a training centre quashed by the Court of Appeal under subsection (3)(a); or
(b) did so deal with him in accordance with section 109C(1)(d) by making no order in respect of the suspended sentence.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 11 U.K.]

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

83J. Appeal against verdict of not guilty by reason of insanity
A person in whose case there is returned a verdict of not guilty by reason of insanity may appeal to the Court of Appeal against the verdict—
(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 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.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 12 U.K.]