CORONER'S ABOLITION ORDINANCE, 1888

CORONER'S ABOLITION ORDINANCE, 1888

No. 5 of 1888.

An Ordinance to abolish the office of coroner, and to mahe
provision for the performance of the duties thereof by
magistrates.
[9th June, 1838.]

1. This Ordinance may be cited as the Coroner's Abolition
Ordinance, 1888.

2. The Governor in Council may make rules for regulating
the practicd and procedure at or in connexion with inquiries and
post mortem examinations.

As amended by Law Rev Ord., 1937,
As amended by No. 22 of 1934 [24.8,34].





3. The office of coroner and all incidental offices thereto
attached shall be abolished.


4. The duties hitherto performed by the coroner shall be 1
performed by the magistrates or any of them as the Governor
may direct, (hereinafter called ' the magistrate '), who shall
have, in relation io such duties, all the powers and privileges
which a coroner had by law at the commencement of this
Ordinance.

5.-(1) The Governor may by order under his hand, set
apart suitable places for the reception of dead bodies for the
purpose of post mortem examination, and may make regulations
for the management of such places.

(2) The magistrate may order the removal of any dead body
to, and from such place for the purpose of any post mortem
examination, and may order the cost of such removal to be
defrayed from public funds.

6.-(1) Whenever a dead body is brought to a hospital,
the medical officer in charge of the hospital, or such other
Government medical officer or registered medical practitioner as
he may depute, shall make a preliminary external examination
of the body and report in writing to the magistrate, who nlay,
if he considers it necessary, order an autopsy.

(2) The medical officer who makes the autopsy, shall further
report to the.magistrate on the cause of death.

7.-(1) Subject to the provisions of sections 16 and iS,
and to any rules under section 2, whenever any person dies
suddenly, or by accident or violence, or under suspicious
circumstances, or whenever any dead body is found witbin the
Colony or is brought into the Colony, the magistrate may, if
he considers an inquiry to be necessary, inquire into the cause
of death of such person without a jury, or, if he thinks lit,
with a jury of three persons as hereinafter provided, and, in
his discretion, with or without view of the body, and may
determine the cause of death.

(2) Such inquiry may be held notwithstanding that the
cause of death did not arise within the Colony.

As amended by No. 22 of 1934 [24.8.34],
As amended by Law Rev. Ord., 1937.





8.-(1) Whenever judgment of death is executied on any
offender, the magistrate shall, within twenty-four hours after the
execution (or forty-eight hours if a public or general holiday
intervenes in respect of which the magistrates are not exempted
from the operation of the Holidays Ordinance, 1912), with a
jury of three persons as. hereinafter provided, inquire into and
ascertain the identity of the body and the cause. of death, and
whether judgment of death ;was duly executed on the offender.

(2) Whenever any prisoner dies in prison, the magistrate
shall, with a jury of three persons as hereinafter provided, as
soon as practicable inquire into the cause of death.

(3) At any inquiry under this section the magistrate shall
view the body : but it shall not be necessary for the jury to view
the body unless it appears to the magistrate 'or to the greater
number of the jurors-expedient that the jury should do so.

9.-(.1) Whenever the magistrate requires a jury under
section 7 or section 8, the Registrar of the Suprerne Court
shall, on receipt of a requisi(ion from the magistrate, draw
either from the common jurors ballot box or fr,)m the special
jurors ballot box, as the magistrate may direct, the names of
six jurors to form a panel, and Effiall transmit such panel to the
magistrate.

(2) All the provisions of the jury Ordinance, 1887, shall
apply, as far as may be, to such drawing, in the same manner
as if the jurors were required for a jury in the Supreme Court.

10.-(i) The magistrate's clerk shall, before the holding of
any inquiry at which a jury may be necessary, issue forms of
summons, according to Form No. i in the Schedule, requiring
the attendance of the jurors drawn.

(2) Every such summons shall be personally served on or
left at the usual place of abode of the juror so summoned.

(3) Any juror who fails, without reasonable excuse, to
attend at such inquiry or at any adjournment thereof shall be
liable to a fine not exceeding twenty-five dollars, which may be
recovered summarily, but the magistrate before whom the juror
is required to attend may remit such fine, if he sees fit.

As amended by No. 22 of 1934 [24.8.341.
t As amended by Law Rev. Ord., 1937.





(4) The magistrate shall select the three jurors required
from the panel by ballot, and may, if necessary, require any
bystander to serve as a juror, but no officer of the prison or
prisoner confined therein shall serve as a juror in any such
inquiry.

11. The jury may be sworn or declared according to Form
No. 2 or Form No. 3 in the Schedule, and the oath may be
administered to or the declaration made by two or more jurors
at once.

12.-(1) Whenever an inquiry is made with a jury, it shall
be the duty of the magistrate making such inquiry to record
in writing the finding of the jury and it shall. be the duty of
the jurors to sign the same.

(2) In any case under section 8, it shall be the duty of the
magistrate to furnish to the Superintendent of Prisons a copy
of the finding of the jury, signed by him.

(3) At every inquiry without a jury the magistrate shall
record his finding on the evidence.

13.-(1) The magistrate may adjourn any inquiry, and may,
if he considers it necessary, use the same jury for a second
or subsequent inquiry.

(2) The magistrate shall, in the absence of reason to the
contrary , adjourn an inquiry if, before the close of the inquiry,
any person has been charged before hirn or some other magis-
trate with the murder, manslaughter or infanticide of the person
whose death is the subject of the inquiry.

(3) Whenever the magistrate resumes an inquiry which has
been adjourned in accordance with the provisions of sub-sections
(i) or (2), and the jury has been discharged and A new jury,
empanelled, the magistrate shall proceed in all respects as if
the inquiry had not previously been begun, and the provisions
of this Ordinance shall apply accordingly as if the resumed
inquiry were a fresh inquiry., Provided that the deposition of
a witness who was examined at the original inquiry and is dead
or unable to be present at the resumed inquiry may he read as
evidence at the resumed inquiry.

t As amended by Law Rev. Ord., 1937.
* A8 amended by No. 22 of 1934 [24.8.341.





(4) If the inquiry resumed as aforesaid is an inquiry by
the magistrate without a jury, or with the jury empanelled at
the original inquiry, the magistrate may proceed at the resumed
inquiry as if the inquiry had not been adjourned.

14-(1) (a) The magistrate shall have, in relation to the
inquiries provided for in sections 7 and 8, the same powers in
all respects as he possesses or may possess in relation to any
other proceedings taken before him, and may, at the conclusion
of any such inquiry, issue his warrant in Form No. 5 in the
Schedule for the apprehension and committal to prison of any
person to be brought before him or some other magistrate to
be prosecuted according to law, and he may bind over any
witness who shall have been examined at the inquiry in a
recognizance with or without surety to appear and give evidence
in such prosecution:

Provided that no person who has been charged on indict-
ment may be charged with any offence of which he could have
been convicted on the indictment.

(b) Every person who has been committed to prison as
aforesaid may at any time require from the magistrate's clerk
copies of the depositions on which such committal has been
made, on payment of the like fees as are by law payable for
copies of depositions under section 81 (4) of the Magistrates
Ordinance, 1932.

(c) When the magistrate has committed any person to
prison under the provisions of this section any magistrate may,
if lie thinks fit, admit such person to bail in the same cases And
in the same manner as is provided in section 97 of the Magis-
trates Ordinatice, 1932, and thereupon such person, if in custody,
shall be discharged therefrom.

(2) The magistrate shall have power to make such
order as may be necessary for the purposes of any inquiry
which he is empowered by this Ordinance to hold, or with
iegard to the disposal of any body which may be the subject
of such inquiry.

[s. 15, rep. No. 22 Of 1934.]

* As amended by No. 22 of 1934 [24.8.34].





16. The Attorney General may require the magistrate to hold
an inquiry into the cause of an~ the circumstances connected
with the death of any person.

17. Whenever any inquiry as to the cause of a death has
been held by the magistrate without a jury, the magistrate shall
forthwith return the depositions taken by him on such inquiry to
the Attorney General, together with a certificate in Form NO. 4
in the Schedule duly filled up and signed by him.

18. Where the proceedings at any inquiry have been closed
by the magistrate and it appears to the Attorney General that
further investigation is necessary, the Attorney General may
require the magistrate to re-open such inquiry and make further
investigation, and thereupon the magistrate shall re-open the
inquiry and make further investigation and thereafter proceed
in the same manner as if the proceedings at such inquiry had
not been closed.

[s. 19, rep. No. 22 of 1934.]

20. The following fees shall be payable to any medical
practitioner, not being an officer of the Government, who has
made an autopsy in pursuance of an order from the magistrate.
tinder section 6, or who has attended any inquiry, on summons,
as a medical witness:-

1. For an autopsy .......$ 10

2. For attendance to give evidence $ 5

* As amended by No. 22 of 1934 [24.8.34].
As amended by Law Rev. Ord., 1937.





SCHEDULE.

Form No. 1.

Summons to juror.

Mr. A. B.

You are hereby summoned to appear as a juror at an' inquiry

to be held by a magistrate concerning the death of one C.D. at

in this Colony on day, the day of

1 19 1 at o'clock m., and there to

sttend until you shall be discharged.

Dated the day of 19
(Signed) E.F., Magistrate's clerk.

Note.-The penalty for disobedience hereto is any sum not exceeding
twenty-five dollars. Personal service of this summons is not


necessary to subject the juror summoned to this penalty.

Form No. 2. [s. Il.]

Oath for juror.

I will diligently inquire and true presentment make of all such matters
and things as shall be here given me in charge, on behalf of Our Sovereign
Lord the King touching the death of

now lying dead [of whose body 1 am to have the view]. I will present no man
for hatred, malice, or ill will; nor spare any through fear, favour, or affection;
but a true verdict give according to the evidence and the best Of my skill
and knowledge: So help me God.

FoRm No. 3. [s. 11.]

Declaration for juror.

I do so 1,emnly, sincerely, and truly declare that 1 will diligently
inquire and true presentment make of all such matters and things
as shall be here given me in charge, on behalf of Our Sovereign Lord
the King, touching the death of now lying dead
[of
whose body I am to have the view]. I will present no man for
hatred, malice, or ill will; nor spare any through fear, favour, or
nffection; but a true verdict give according to the evidence and the
best of my skill and knowledge.

As arnended by Law Rev. Ord., 1937.





FORM NO. 4. Is. 17.1

Certificate of magistrate.

1 hereby certify that on the d ay of
1 held, under the provisions of theCoroner 1 s Aboht;oh Ordinance,
1888,, an inquiry as to the cause of a death in and
that the following particulars were then disclosed:-
0
1. Name of deceased.
2. Res'dence and occupation.
3. Where found, and when, and in what circumstances.
4. Date of death.
5. Cause of death.

16. The names of the persons last seen in the company of the
deceased.

*7. Any suspicious circumstances which point to any person or
persons as having caused the death.

Note-The following are the narnes, residences and callings of
0 1
the witnesses examined:-

1 have issued my svarrant for the arrest of on
a charge of
Dated the day of 19
(Signed) Magistrate.
0

To he filled up in case the death is supposed to have been caused by
im- proper means.

Foam No. 5. [s.14.]
Warrant of commitment.

To each and all of the constables Qf Hong Rong and to the
Superintendent of Prisons.

Whereas at proceedings taken before me, a magistrate of the
raid Colony, under the provisions of the Coroner's Abolition Ordin-
ance, 1888, with respect to the death of A.B. and duly taken and
held this day of ' 19 , at ' it
appears to me that sufficient grounds are disclosed for charging C.D.
of with the offence of an offence punishable
under section of the Ordinance,

These are, therefore, to command you, the said constables, in
His Majesty's name forthwith to convey the said C.D. to a prison,
and there to deliver him to the Superintendent of Frisons, with this
precept; and you, the said Superintendent, to receive the said C.D.
into your custody in a prison, and there safely keep him until he
shall be brought before me or such other magistrate as rnay then
be sitting at the police court at to be prosecuted for the
said offence accordin- to law on the day of '19
or on such other day not being more than seven days thereafter as
may be directed by the magistrate before whom he is charged or
until he shall earlier be thence discharged by due course of law,
unless you shall otherwise be ordered in the meantime.

Dated this day of 19

(Signed) Magistrate.

[Originally No. 17 of 1888. No. 22 of 1934. Law Rev. Ord., 1937.] Short title. Rules for practice and procedure at inquiries and post mortem examinations. [cf. 16 & 17 Geo. 5 c. 59, s. 26.] Abolition of office of coroner. Performance of duties of coroner. Place for post mortem examination. 29 & 30 Vict. C. 90, s. 28; 38 & 39 Vict. C. 55, s. 143. Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. Executions and deaths in prison. [cf. 31 & 32 Vict. C. 24, s. 5.] Ordinance No. 5 of 1912. [cf. 50 & 51 Vict. C. 71, s. 3.] Panel for jury. [cf. No. 6 of 1887, ss. 9 & 13 (2).] Ordinance No. 6 of 1887. Summoning of jurors. Schedule. Form No. 1. Procedure with jury. Schedule Forms Nos. 2 and 3. Recording of finding. Adjournment of inquiry. [cf. 16 7 17 Geo. 5c. 59, s. 20 (1).] [cf. 16 & 17 Geo. 5 c. 59, s. 20(3).] Powers of magistrate. Schedule. Form No. 5. [cf. 16 & 17 Geo. 5, c. 59, s. 20(2).] Ordinance No. 41 of 1932. Ordinance No. 41 of 1932. [cf. Ordinance No. 21 of 1934, s. 17.] [24.8.34.] Power to Attorney General to require inquiry to be held. Forwarding depositions. Schedule Form No. 4. Power to Attorney General to direct further investigation in certain cases. [24.8.34.] Fees for medical evidence.

[Originally No. 17 of 1888. No. 22 of 1934. Law Rev. Ord., 1937.] Short title. Rules for practice and procedure at inquiries and post mortem examinations. [cf. 16 & 17 Geo. 5 c. 59, s. 26.] Abolition of office of coroner. Performance of duties of coroner. Place for post mortem examination. 29 & 30 Vict. C. 90, s. 28; 38 & 39 Vict. C. 55, s. 143. Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. Executions and deaths in prison. [cf. 31 & 32 Vict. C. 24, s. 5.] Ordinance No. 5 of 1912. [cf. 50 & 51 Vict. C. 71, s. 3.] Panel for jury. [cf. No. 6 of 1887, ss. 9 & 13 (2).] Ordinance No. 6 of 1887. Summoning of jurors. Schedule. Form No. 1. Procedure with jury. Schedule Forms Nos. 2 and 3. Recording of finding. Adjournment of inquiry. [cf. 16 7 17 Geo. 5c. 59, s. 20 (1).] [cf. 16 & 17 Geo. 5 c. 59, s. 20(3).] Powers of magistrate. Schedule. Form No. 5. [cf. 16 & 17 Geo. 5, c. 59, s. 20(2).] Ordinance No. 41 of 1932. Ordinance No. 41 of 1932. [cf. Ordinance No. 21 of 1934, s. 17.] [24.8.34.] Power to Attorney General to require inquiry to be held. Forwarding depositions. Schedule Form No. 4. Power to Attorney General to direct further investigation in certain cases. [24.8.34.] Fees for medical evidence.

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