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

83R. Bail
(1) The Court of Appeal may, if it thinks fit, on the application of an appellant, admit him to bail pending the determination of his appeal. (Amended 56 of 1994 s. 7)
(2) (Repealed 79 of 1995 s. 50)(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 19 U.K.]

83S. Disposal of groundless appeal
If it appears to the Registrar that a notice of an appeal purporting to be a ground of appeal which involves a question of law alone does not show any substantial ground of appeal, he may refer the appeal to the Court of Appeal for summary determination; and where the case is so referred the Court of Appeal may, if it considers that the appeal is frivolous or vexatious, and can be determined without adjourning it for a full hearing, dismiss the appeal summarily, without calling on anyone to attend the hearing or to appear for the HKSAR thereon.
(Added 34 of 1972 s. 18. Amended 39 of 1999 s. 3)[cf. 1968 c. 19 s. 20 U.K.]

83T. Preparation of case for hearing
(1) The Registrar shall—
(a) take all necessary steps for obtaining a hearing of any appeal or application of which notice is given to him and which is not referred and dismissed summarily under section 83S; and
(b) obtain and lay before the Court of Appeal in proper form all documents, exhibits and other things which appear necessary for the proper determination of the appeal or application.
(2) Rules and orders made under section 9 may enable an appellant to obtain from the Registrar any documents or things, including copies or reproductions of documents, required for his appeal.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 21 U.K.]

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

83U. Right of appellant to be present
(1) A defendant shall be entitled to be present at the hearing of an application for leave to appeal and an appeal unless the Court of Appeal, where it considers it necessary in the interests of justice or public order or security to do so, orders otherwise. (Replaced 79 of 1995 s. 50)
(2) (Repealed 79 of 1995 s. 50)(3) The power of the Court of Appeal to pass sentence on a person may be exercised although he is for any reason not present.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 22 U.K.]

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

83W. Effect of appeal on sentence
(1) The time during which an appellant is in custody pending the determination of his appeal shall, subject to any direction which the Court of Appeal may give to the contrary, be reckoned as part of the term of any sentence to which he is for the time being subject.
(2) Where the Court of Appeal gives a contrary direction under subsection (1), it shall state its reasons for doing so; and it shall not give any such direction where—
(a) leave to appeal has been granted; or
(b) a certificate has been given by the judge of the court of trial under section 82; or
(c) the case has been referred to it by the Chief Executive under section 83P. (Amended 39 of 1999 s. 3)
(3) Where an appellant is admitted to bail under section 83R, the time during which he is at large after being so admitted shall be disregarded in computing the term of any sentence to which he is for the time being subject.
(4) The term of any sentence passed by the Court of Appeal under section 83A, 83B, 83C, 83I or 83K(4) shall, unless the Court of Appeal otherwise directs, begin to run from the time when it would have begun to run if passed in the proceedings from which the appeal lies.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 29 U.K.]

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

83X. Restitution of property on conviction
(1) The operation of an order for the restitution of property to a person made on a conviction on indictment shall (unless the court of trial direct to the contrary in any case in which, in its opinion, the title to the property is not in dispute) be suspended—
(a) in any case until the expiration of 28 days from the date of conviction; and
(b) where notice of appeal or of application for leave to appeal is given within 28 days from the date of conviction, until the determination of the appeal.
(2) In cases where the operation of such an order is suspended until the determination of the appeal, the order shall not take effect as to the property in question if the conviction is quashed on appeal.
(3) Provision may be made by rules and orders made under section 9 for securing the safe custody of any property, pending the suspension of the operation of any such order.
(4) The Court of Appeal may by order annul or vary any order made by the court of trial for the restitution of property to any person, although the conviction is not quashed; and the order, if annulled, shall not take effect and, if varied, shall take effect as so varied.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 30 U.K.]

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

83Y. Powers of Court of Appeal under Part IV which are exercisable by single judge
(1) The powers of the Court of Appeal under this Part which are specified in subsection (2) and the power to give directions under section 156(5) of the Crimes Ordinance (Cap. 200) may be exercised by a single judge in the same manner as they may be exercised by the Court of Appeal and subject to the same provisions. (Amended 25 of 1978 s. 5)
(2) The said powers are the following—
(a) to give leave to appeal;
(b) to extend the time within which notice of appeal or of application for leave to appeal may be given;
(ba) to extend the period within which an application may be made under section 81DA(4); (Added 21 of 2023 s. 6)
(c) to allow an appellant to be present at any proceedings;
(d) to order a witness to attend for examination;
(e) to admit an appellant to bail;
(ea) to issue a warrant under section 81DC(1); (Added 21 of 2023 s. 6)
(eb) to order that a respondent be detained in custody or admitted to bail under section 81DC(2); (Added 21 of 2023 s. 6)
(f) to make orders under section 83F(2) and discharge or vary such orders;
(g) to give directions under section 83W(1);
(h) to give leave to apply for the review of a sentence under section 81A;
(i) (Repealed 21 of 2023 s. 6)(j) to order a respondent to be detained in custody under section 81A(3). (Added 20 of 1979 s. 8)
(3) If the single judge refuses an application on the part of an appellant or applicant to exercise in his favour any of the powers above specified, the appellant or applicant shall be entitled to have the application determined by the Court of Appeal.
(4) The references in this section to a single judge are to a single judge of the Court of Appeal or of the Court of First Instance. (Added 29 of 1978 s. 2. Amended 25 of 1998 s. 2)
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 31 U.K.]