Page:Hong Kong Court of Final Appeal Ordinance (Cap. 484).pdf/10

A2100 '''17. Powers of the Court'''

(1) The Court may confirm, reverse or vary the decision of the court from which the appeal lies or may remit the matter with its opinion thereon to that court, or may make such other order in the matter, including any order as to costs, as it thinks fit.

(2) For the purpose of disposing of an appeal, the Court may exercise any powers of the court from which the appeal lies (including the power to order a retrial), or may remit the case to that court.

(3) Where the Court restores a conviction, it may make—
 * (a) any order for the restitution of property which the court of trial could have made; and
 * (b) any compensation order which the court of trial could have made under section 73 of the Criminal Procedure Ordinance (Cap. 221).

(4) The Court may from time to time adjourn the hearing of any appeal.

(5) Any provision in this or any other Ordinance which authorizes or requires the taking of any steps for the execution or enforcement of a judgment or order of the Court of Appeal or the High Court applies in relation to a judgment or order of the Court as it applies in relation to a judgment or order of the Court of Appeal or the High Court.

18. Appeal Committee

(1) There shall be an Appeal Committee consisting of—
 * (a) the Chief Justice and 2 permanent judges nominated by the Chief Justice; or
 * (b) 3 permanent judges nominated by the Chief Justice.

(2) The power of the Court to hear and determine any application for leave to appeal shall be exercised by the Appeal Committee.

(3) The decision of the Appeal Committee shall be final and not itself subject to appeal. PART II '''19. Interpretation'''

In this part, unless the context otherwise requires—

“appeal” (上訴) means appeal to the Court in any civil cause or matter;

“Court of Appeal” (上訴法院) includes a single judge of the Court of Appeal, where the matter in question is one which properly appertains to a single judge of the Court of Appeal;