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

83. Grounds for allowing appeal under section 82
(1) Except as provided by this Ordinance, the Court of Appeal shall allow an appeal against conviction if it thinks—
(a) that the conviction should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or (Amended 50 of 1981 s. 3)
(b) that the judgment of the court of trial should be set aside on the ground of a wrong decision on 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:
Provided that the Court of Appeal may, notwithstanding that it is of opinion that the point raised in the appeal might be decided in favour of the appellant, dismiss the appeal if it considers that no miscarriage of justice has actually occurred.(2) In the case of an appeal against conviction the Court of Appeal shall, if it allows the appeal, quash the conviction.
(3) An order of the Court of Appeal quashing a conviction shall, except when under section 83E the appellant is ordered to be retried, operate as a direction to the court of trial to enter, instead of the record of conviction, a judgment and verdict of acquittal.
(Replaced 34 of 1972 s. 18)[cf. 1968 c. 19 s. 2 U.K.]

83A. Power to substitute conviction of alternative offence
(1) This section applies on an appeal against conviction, where the appellant has been convicted of an offence and the jury could on the indictment have found him guilty of some other offence, and on the finding of the jury it appears to the Court of Appeal that the jury must have been satisfied of facts which proved him guilty of the other offence.
(2) The Court of Appeal may, instead of allowing or dismissing the appeal, substitute for the verdict found by the jury a verdict of guilty of the other offence, and pass such sentence in substitution for the sentence passed at the trial as may be authorized by law for the other offence, not being a sentence of greater severity.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 3 U.K.]

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

83B. Sentence where appeal allowed on part of an indictment
(1) This section applies where on an appeal against conviction on an indictment containing 2 or more counts, the Court of Appeal allows the appeal in respect of part of the indictment.
(2) The Court of Appeal may in respect of any count on which the appellant remains convicted pass such sentence, in substitution for any sentence passed thereon at the trial, as it thinks proper and is authorized by law for the offence of which he remains convicted on that count.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s . 4 (1) & (2) U.K. ]

83C. Disposal of appeal against conviction on special verdict
(1) This section applies on an appeal against conviction by a person in whose case the jury has found a special verdict.
(2) If the Court of Appeal considers that a wrong conclusion has been arrived at by the court of trial on the effect of the jury’s verdict it may, instead of allowing the appeal, order such conclusion to be recorded as appears to it to be in law required by the verdict, and pass such sentence in substitution for the sentence passed at the trial as may be authorized by law.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 5 U.K.]

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

83D. Substitution of finding of insanity or unfitness to plead
(1) Where, on an appeal against conviction, the Court of Appeal is of opinion—
(a) that the proper verdict would have been one of not guilty by reason of insanity; or
(b) 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) 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)
(3) 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 the mental hospital within the relevant period specified by Schedule 5. (Amended 37 of 1973 s. 7; 58 of 1994 s. 4)
(4) 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 the section to 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 this section.
(Added 34 of 1972 s. 18)[cf. 1968 c . 19 s. 6 U.K.]

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

83E. Power to order retrial
(1) Where the Court of Appeal allows an appeal against conviction and it appears to the Court of Appeal that the interests of justice so require, it may order the appellant to be retried.
(2) A person shall not under this section be ordered to be retried for any offence other than—
(a) the offence of which he was convicted at the original trial and in respect of which his appeal is allowed as mentioned in subsection (1);
(b) an offence of which he could have been convicted at the original trial on an indictment for the first-mentioned offence; or
(c) an offence charged in an alternative count of the indictment in respect of which the jury were discharged from giving a verdict in consequence of convicting him of the first-mentioned offence.
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 7 U.K.)