(2) If, but for the decision of the Court of Appeal or the High Court, as the case may be, the defendant would be liable to be detained, the Court of Appeal or the High Court, as the case may be, may, on the application of the prosecutor made within 7 days of that decision, make an order providing for his detention, or directing that he shall not be released except on bail (which may be granted as under section 34), as long as an appeal to the Court is pending.
(3) An order under this section shall (unless the appeal has previously been disposed of) cease to have effect at the expiration of the period for which the defendant would have been liable to be detained but for the decision of the Court of Appeal or the High Court, as the case may be.
(4) Where an order is made under this section in the case of a defendant who, but for the decision of the Court of Appeal or the High Court, as the case may be, would be liable to be detained in pursuance of—
- (a) an order under Part IV of the Mental Health Ordinance (Cap. 136); or
- (b) an order under section 76(1) of the Criminal Procedure Ordinance (Cap. 221),
the order under this section shall be one authorizing his continued detention in pursuance of the order referred to in paragraph (a) or (b); and the provisions of the Mental Health Ordinance (Cap. 136) with respect to persons liable to be detained as mentioned in this subsection shall apply accordingly.
36. Presence of defendant
The defendant shall be entitled to be present at the hearing of an application for leave to appeal and an appeal unless the Court, where it considers it necessary in the interests of justice or public order or security to do so, orders otherwise.
37. Effect of appeal on sentence
(1) Where a person subject to a sentence is granted bail under section 34 or 35, the time during which he is released on bail shall be disregarded in computing the term of his sentence unless the Court, the Court of Appeal or the High Court, as the case may be, otherwise directs.
(2) Subject to subsection (1), any sentence passed on an appeal to the Court in substitution for another sentence shall, unless the Court, the Court of Appeal or the High Court, as the case may be, otherwise directs, begin to run from the time when the other sentence should have begun to run.
(3) In this section “sentence” (判刑) includes any order made by a court when dealing with an offender (including a hospital order under Part IV of the Mental Health Ordinance (Cap. 136)).
