A133-E

HONG KONG COURT OF FINAL APPEAL (AMENDMENT) (NO. 3) ORDINANCE 1997

An Ordinance to amend the Hong Kong Court of Final Appeal Ordinance.

[3 October 1997]

Enacted by the Provisional Legislative Council.

1. Short title

This Ordinance may be cited as the Hong Kong Court of Final Appeal (Amendment) (No. 3) Ordinance 1997.

2. Appeal Committee

Section 18 of the Hong Kong Court of Final Appeal Ordinance

(Cap. 484) is amended---

1. in subsection (2) by adding after "appeal"---

   ", including the power of the Court to certify under
   

   section 32(3),";

2. by adding---
   "(2A) No judge shall sit as a member of the Appeal Committee on the hearing and determination of any application in proceedings incidental or preliminary to---

   1. an appeal from a judgment or order made by him or by a court in which he was sitting as a member;

   2. an appeal against a conviction before him or a sentence passed by him; or

   3. any appeal in respect of which an application for leave to appeal or an application for a certificate under section 32(2) has been refused or declined by him or by a court in which he was sitting as a member.

   (2B)Where a sufficient number of permanent judges is not available for any cause to sit on the Appeal Committee to hear and determine any application the Chief Justice shall nominate a non-permanent Hong Kong judge to sit in place of a permanent judge.".