Page:Hong Kong Court of Final Appeal Ordinance (Cap. 484).pdf/14

A2108 PART III 28. Interpretation

In this part, unless the context otherwise requires—

“appeal” (上訴) means appeal to the Court under this Part, and “appellant” (上訴人) has a corresponding meaning, and includes a person who has given notice of application for leave to appeal;

“court of trial” (原審法庭), in relation to an appeal, means the court from which the appeal lies to the Court of Appeal or the High Court;

“defendant” (被告人) means, in relation to an appeal, the defendant before the court of trial, and references to the prosecutor shall be construed accordingly.

29. Application

This Part applies to appeals in any criminal cause or matter.

30. Criminal jurisdiction

The criminal jurisdiction of the Court shall consist of appeals under this Part.

31. Criminal appeals

An appeal shall, at the discretion of the Court, lie to the Court in any criminal cause or matter, at the instance of any party to the proceedings, from—
 * (a) any final decision of the Court of Appeal;
 * (b) any final decision of the High Court (not being a verdict or finding of a jury) from which no appeal lies to the Court of Appeal.

32. Leave to appeal

(1) No appeal shall be admitted unless leave to appeal has been granted by the Court.

(2) Leave to appeal shall not be granted unless it is certified by the Court of Appeal or the High Court, as the case may be, that a point of law of great and general importance is involved in the decision or it is shown that substantial and grave injustice has been done.

(3) Where the Court of Appeal or the High Court declines to certify as mentioned in subsection (2), the Court may so certify and grant leave to appeal.