Chapter:	503	Title:	Fugitive Offenders Ordinance	Gazette Number:	E.R. 1 of 2013
Section:	11	Heading:	Statement of case by court of committal	Version Date:	25/04/2013

Adaptation amendments retroactively made - see 25 of 1998 s. 2; 71 of 1999 s. 3

(1) If the court of committal refuses to make an order of committal in relation to a person in respect of the offence or, as the case may be, any of the offences, to which the authority to proceed concerned relates, the prescribed place seeking the surrender of that person to it may question by way of appeal the proceeding on the ground that it is wrong in law by making an application to the court, not later than 15 days after such refusal, to state a case for the opinion of the Court of First Instance on the question of law involved.
(2) If, immediately upon a refusal referred to in subsection (1), the prescribed place seeking the surrender of the person to whom the refusal relates informs the court of committal that it intends to make an appeal under that subsection, the court shall make an order providing for that person's detention.
(3) On an appeal under subsection (1), the Court of First Instance shall have power-

(a) to remit the case to the court of committal to decide it according to the opinion of the Court of First Instance on the question of law involved; or
(b) to dismiss the appeal.

(a) subsection (3)(a); or
(b) subsection (3)(b).

(a) the Court of First Instance dismisses the appeal under subsection (1) in respect of the offence or all the offences to which the order relates and-
(i) immediately upon that dismissal, the prescribed place seeking surrender does not inform the Court of First Instance that it intends to appeal to the Court of Appeal; or
(ii) that place does so inform the Court of First Instance but, immediately thereafter, the Court of First Instance does not declare that the order shall continue to have effect;
(b) where there is an appeal by the prescribed place to the Court of Appeal, the Court of Appeal dismisses the appeal in respect of that offence or all those offences and-
(i) immediately upon that dismissal, that place does not-
(A) apply for leave to appeal to the Court of Final Appeal; or
(B) inform the Court of Appeal that it intends to apply for such leave; or
(ii) that place does so apply or inform the Court of Appeal but, immediately thereafter, the Court of Appeal does not declare that the order shall continue to have effect;
(c) leave to appeal to the Court of Final Appeal is refused; or
(d) where there is an appeal by the prescribed place to the Court of Final Appeal, the Court of Final Appeal dismisses the appeal in respect of that offence or all those offences,

(a) the period within which proceedings may be instituted for an appeal to the Court of Appeal referred to in subsection (5)(b), or for an appeal to the Court of Final Appeal referred to in subsection (6)(b)(i)(A), is 14 days after the decision or dismissal, as the case may be, referred to in that subsection;
(b) if that period expires without any such proceedings having been instituted, the order concerned under subsection (2) shall cease to have effect.

(a) from time to time by order vary an order under subsection (2) (including vary by releasing on bail the person the subject of the second-mentioned order)-
(i) which has not ceased to have effect (including any case where it does not cease to have effect by virtue of subsection (6)(a)(ii) or (b)(ii)); and
(ii) in the case of-
(A) the Court of First Instance, at any time before the Court of Appeal;
(B) the Court of Appeal, at any time on or after it,
begins to hear an appeal, if any, in respect of the decision concerned referred to in subsection (5)(b);
(b) declare an order under subsection (2) to cease to have effect-
(i) if it is satisfied that the case is no longer pending; and
(ii) in the case of-
(A) the Court of First Instance, at any time before the Court of Appeal;
(B) the Court of Appeal, at any time on or after it,
begins to hear an appeal, if any, in respect of the decision concerned referred to in subsection (5)(b).