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

83N. Disposal of appeal under section 83M
(1) The Court of Appeal shall allow an appeal under section 83M if it is of opinion—
(a) that the finding of the court of trial should be set aside on the ground that under all the circumstances of the case it is unsafe or unsatisfactory; or
(b) that the order of the court giving effect to the finding should be set aside on the ground of a wrong decision of any question of law; or
(c) that there was a material irregularity in the course of the determination of the question of fitness to be tried,
and in any other case (except one to which subsection (2) of this section applies) shall dismiss the appeal; but it may dismiss the appeal if of opinion that, notwithstanding that the point raised in the appeal might be decided in favour of the appellant, no miscarriage of justice has actually occurred.
(2) An appeal under section 83M may, in a case where the question of fitness to be tried was determined later than on arraignment, be allowed by the Court of Appeal (notwithstanding that the finding was properly come to) if the Court of Appeal is of opinion that the case is one in which the accused person should have been acquitted before the question of fitness to be tried was considered; and, if an appeal is allowed under this subsection, the Court of Appeal shall, in addition to quashing the finding, direct a verdict of acquittal to be recorded (but not a verdict of not guilty by reason of insanity).
(3) Subject to subsection (2) of this section, where an appeal under section 83M is allowed, the appellant may be tried accordingly for the offence with which he was charged, and the Court of Appeal may make such orders as appear to it to be necessary or expedient pending any such trial for his custody, admission to bail or continued detention under the Mental Health Ordinance (Cap. 136); and Schedule 7 shall have effect for applying provisions in Part IV of that Ordinance to persons in whose case an order is made by the Court of Appeal under this subsection. (Amended 58 of 1994 s. 4)
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 16 U.K.]

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

83O. Prohibition of staying or reversal of judgment or allowing appeal on specified grounds
Except where, in the opinion of the Court of Appeal, a miscarriage of justice has actually occurred, no judgment shall be stayed or reversed under section 81 and no appeal shall be allowed under section 83, 83K or 83N—
(a) on the ground of any defect which, if pointed out before the jury were empanelled or during the progress of the trial, might have been amended by the court of trial; or
(b) because of any error committed in summoning or swearing a juror; or
(c) because of any objection which might have been stated as a ground of challenge of a juror; or
(d) because of any informality in the swearing of a witness.
(Added 34 of 1972 s. 18)

83P. Reference by Chief Executive
(1) Where a person has been convicted on indictment or been tried on indictment and found not guilty by reason of insanity, or been found by a jury to be under disability, the Chief Executive may, if he thinks fit, at any time either—
(a) refer the whole case to the Court of Appeal and the case shall then be treated for all purposes as an appeal to the Court of Appeal by that person; or
(b) if he desires the assistance of the Court of Appeal on any point arising in the case, refer that point to the Court of Appeal for its opinion thereon, and the Court of Appeal shall consider the point so referred and furnish the Chief Executive with its opinion thereon accordingly.
(2) A reference by the Chief Executive under this section may be made by him either on an application by the person referred to in subsection (1), or without any such application.
(3) For the avoidance of doubt, it is hereby declared that this section also applies in a case where an appeal has been heard and determined by the Court of Final Appeal. (Added 79 of 1995 s. 50)
(Added 34 of 1972 s. 18. Amended 39 of 1999 s. 3)[cf. 1968 c. 19 s. 17 U.K.]

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

83Q. Initiating procedure
(1) A person who wishes to appeal under this Part to the Court of Appeal, or to obtain the leave of that Court to appeal, shall give notice of appeal or, as the case may be, notice of application for leave to appeal, in such manner as may be provided by rules and orders made under section 9.
(2)  Notice of appeal, or of application for leave to appeal, shall be given within 28 days from the date of the conviction, verdict or finding appealed against, or, in the case of appeal against sentence, from the date on which sentence was passed, or, in the case of an order made or treated as made on conviction, from the date of the making of the order:
Provided that, where sentence was passed more than 7 days after the date of conviction, verdict or finding, notice of appeal, or of application for leave to appeal, against the conviction, verdict or finding may be given within 28 days from the date on which sentence was passed. 
(3) The time for giving notice under this section may be extended, either before or after it expires, by the Court of Appeal.
(4)-(5) (Repealed 24 of 1993 s. 11)(6) (a) Where a protected prisoner of war or protected internee has been sentenced to imprisonment for a term of 2 years or more, the time within which he must give notice of appeal or of an application for leave to appeal shall, notwithstanding the provisions of subsection (1), be the period from the date of his conviction or, in the case of an appeal against sentence, of his sentence to the expiration of 10 days after the date on which he received a notice given— (Amended 24 of 1993 s. 11)
(i) in the case of a protected prisoner of war, by an officer of Her Majesty’s forces;
(ii) in the case of a protected internee, by or on behalf of the Commissioner of Correctional Services,
that the protecting power has been notified of his conviction and sentence. (Replaced L.N. 346 of 1982)
(b) For the purposes of this subsection, the expression protected prisoner of war (受保護的戰俘), protected internee (受保護的囚犯) and the protecting power (保護當局) have the meanings assigned to them by the Geneva Conventions Act, 1957, as applied to Hong Kong by the Geneva Conventions Act (Colonial Territories) Order in Council 1959. [cf. 1968 c. 19 Sch. 5 Part I U.K.]
(Added 34 of 1972 s. 18)[cf. 1968 c. 19 s. 18 U.K.]