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Part 2 · Appeals Against Decisions Made Concerning Ocpo or Fro Upon Conviction

15. Taking of additional evidence

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(1)

In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the original court.

(2)

Unless the appellate court directs otherwise, the person against whom an OCPO or FRO is applied for or made, or the person’s advocate, must be present when the additional evidence is taken.

(3)

When the original court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal.

(4)

The original court must also state what effect, if any, the additional evidence taken has on its earlier decision.

(5)

Sections 233 and 285 to 289 of the Criminal Procedure Code (Cap. 68) apply, with the necessary modifications, to the taking of additional evidence under this regulation.

Subregulation 1

In dealing with any appeal under this Part, the appellate court may, if it thinks additional evidence is necessary, either take such evidence itself or direct it to be taken by the original court.

Subregulation 2

Unless the appellate court directs otherwise, the person against whom an OCPO or FRO is applied for or made, or the person’s advocate, must be present when the additional evidence is taken.

Subregulation 3

When the original court has taken the additional evidence, it must send the record of the proceedings duly certified by it to the appellate court for it to deal with in the appeal.

Subregulation 4

The original court must also state what effect, if any, the additional evidence taken has on its earlier decision.

Subregulation 5

Sections 233 and 285 to 289 of the Criminal Procedure Code (Cap. 68) apply, with the necessary modifications, to the taking of additional evidence under this regulation.

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Part 3

Confiscation of Benefits from Organised Crime Activities

Part 4

Miscellaneous