Court or any judge thereof by or in respect of that person on the same grounds, unless fresh evidence is adduced in support of the application.
(2) In every case where the person by or in respect of whom an application for habeas corpus is made is restrained as a person liable, or treated by virtue of any law as liable, to be detained in pursuance of an order or direction under Part IV of the (Cap. 136.)Mental Health Ordinance (otherwise than by virtue of paragraph (e) or (f) of section 53(2) of that Ordinance), the application shall be deemed for the purposes of this section and of any appeal in the proceedings to constitute a criminal cause or matter.
Appeal in habeas corpus proceedings.
[cf. 1960 c. 65. s. 15.]
24. An appeal shall lie as of right to the Court of Appeal from any decision of the High Court on a criminal or civil application for habeas corpus, whether the High Court orders the release of the person restrained or refuses to make such an order.
Power of Court of Appeal to vary sentence on certiorari.
[cf. 1960 c. 65. s. 16.]
25. (1) Where a person who has been sentenced for an offence by a magistrate or the District Court applies to the High Court for an order of certiorari to remove the proceedings before the magistrate or the District Court into the High Court, and the High Court determines that the magistrate or the District Court had no power to pass the sentence, the High Court may, instead of quashing the conviction, amend it by substituting for the sentence passed any sentence which the magistrate or the District Court had power to impose.
(2) Any sentence passed by the High Court by virtue of this section in substitution for the sentence passed by a magistrate or the District Court shall, unless the High Court otherwise directs, begin to run from the time when it would have begun to run if passed by the magistrate or the District Court.
(3) This section shall apply, with the necessary modifications, in relation to any order of a magistrate or the District Court which is made on, but does not form part of, the conviction of an offender as it applies in relation to a conviction and sentence.
Wards of court.
1949 c. 100, s. 9.
26. (1) Subject to the provisions of this section, no infant shall be made a ward of court except by virtue of an order to that effect made by the High Court.
(2) Where application is made for such an order in respect of an infant, the infant shall become a ward of court on the making of the application, but shall cease to be a ward of court at the expiration of such period as may be prescribed by rules of court unless within that period an order has been made in accordance with the application.
(3) The High Court may, either upon an application in that behalf or without such an application, order that any infant who is for the time being a ward of court shall cease to be a ward of court.
Vexatious litigants.
[cf. 1925 c. 49, s. 51.]
27. If, on an application made by the Attorney General under this section, the High Court is satisfied that any person has habitually and persistently and without any reasonable ground instituted vexatious legal proceedings, whether in the High Court or in any inferior court, and whether against the same person or against different persons, the High Court may, after hearing that person or giving him an opportunity of being heard, order that no legal proceedings shall without the leave of the High Court be instituted by him in any court and that any proceedings instituted by him in any court before the making of the order shall not be continued by him without such leave and such leave shall not be given unless the High Court is satisfied that the proceedings are not an abuse of the process of the Court and that there is prima facie ground for the proceedings.
