CORONERS ORDINANCE

CORONERS ORDINANCE

CHAPTER 14

CORONERS ORDINANCE

ARRANGEMENT OF SECTIONS
section page
1. Short tide ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ...
2
3. Appointment of coroners... ... ... ... ... ... ... ... ... ... ... 2
4. Place for postmortem examination ... ... ... ... ... ... ... ... ... 3
5. Preliminary examination of body... ... ... ... ... ... ... ... ... 3
6. Inquiry into cause of sudden or violent death, etc . ... ... ... ... ... ..3
7. Executions and deaths in prison, ETC . ... ... ... ... ... ... ... ... ... 3
8. Power to Attorney General to require inquiry ... ... ... ... ... ... ... 4
9. Power of coroner to make burial or cremation order ... ... ... ... ... 4
10. Panel for jury ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
11. Summoning of jurors ... ... ... ... ... ... ... ... ... ... ... ... 4
12. Procedure with jury... ... ... ... ... ... ... ... ... ... ... ... 5
12A.Discharge of jurors... ... ... ... ... ... ... ... ... ... ... ... 5
12B Majority verdicts ... ... ... ... ... ... ... ... ... ... ... ... ... 5
13. Recording of finding ... ... ... ... ... ... ... ... ... ... ... ... 5
14. Adjournment of inquiry... ... ... ... ... ... ... ... ... ... ... 6
15. General powers of coroner ... ... ... ... ... ... ... ... ... ... ... 6
16. Power to issue warrant, etc . ... ... ... ... ... ... ... ... ... ... ... 6
17. Bail ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
18. Power of coroner to order exhumation ... ... ... ... ... ... ... ... 7
19. Forwarding depositions... ... ... ... ... ... ... ... ... ... ... 7
20. Power to Attorney General to direct further investigation in certain
cases ... 7
21. Few for medical evidence ... ... ... ... ... ... ... ... ... ... ... 7
22. Rules ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7
22A Rules for payment of allowance to witnesses ... ... ... ... ... ... ... 8
23. Saying ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 8




Chapter 14

CORONERS

To make provision for the appointment and duties of a coroner, for

the duties of medical officers in connexion with dead bodies and
for matters relating to coroners inquiries.

120 November 1967

1. This Ordinance may be cited as the Coroners Ordinance.

2. In this Ordinance, unless the context otherwise requires_

'coroner' means a coroner appointed under section 3(1); (Added,
31 of 1971, s. 2. Amended, 49 of 1980, s. 2)

'hospital' includes a nursing home;

'inquiry' means any inquiry into the death of any person held by

a coroner, with or without a jury, under this Ordinance;

magistrate means a magistrate appointed under section 5 of the
Magistrates Ordinance; (Added, 31 of 1971, s. 2)
'official custody' means detention-

(a)in the custody of a police officer or officer of the Prisons
Department; or

(aa) in the custody of an officer of the Independent Commission
Against Corruption or other officer having statutory powers of
arrest or detention; or (Added, 49 of 1980, s. 2)

(b)in any reformatory school or remand home under the
management, control or administration of the Director of Social
Welfare in consequence of any detention or committal order; or

(c)in any place of refuge under section 35(1)(a) of the Protection
of Women and Juveniles Ordinance; or

(d)in a mental hospital under Part IV of the Mental Health
Ordinance.

3. (1) The Governor may appoint such number of coroners

as he considers necessary. (Replaced, 49 of 1980, s. 3)
(1A) No person shall be appointed to be a coroner unless he is
qualified to practise as a barrister, solicitor or advocate in a court in
Hong Kong, England, Scotland, Northern Ireland, or some other
part of the Commonwealth, or the Republic of Ireland, having
unlimited jurisdiction either in civil or criminal matters. (Added,
49 of 1980, s. 3)
(2) Every appointment under subsection (1) shall be notified

in the Gazette.

(Replaced, 31 of 1971, s. 3)





4. (1) The Governor may by order set apart suitable places for the
reception of dead bodies for the purpose of post-mortem examination
and provide for the management of such places.

(2) A coroner may order the removal of any dead body to and from
any such place for the purpose of any post-mortem examination, and
may order the cost of the removal to be a charge on the general revenue
of the Colony.

5. (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 a
coroner, who may, if he considers it necessary, order a post-mortem
examination.

(2) The medical officer who makes the post-mortem examination
shall report on the cause of death to the coroner who ordered the post-
mortem examination.

(3) Where a medical officer or registered medical practitioner reports
to a coroner under subsection (1) or (2), he shall at the same time send a
copy of such report to the Commissioner of Police. (Added, 22 of 1975,
s. 2)

6. (1) Whenever any person dies suddenly, or by accident or
violence, or under suspicious circumstances, or whenever the dead
body of any person is found within the Colony or is brought into the
Colony, a coroner may, if he considers that an inquiry is necessary,
inquire into the cause of and the circumstances connected with the
death of such person, with or without a view of the body as he may
think fit, and may determine the cause of death.

(2) A coroner may hold an inquiry under this section without a jury
or, if he thinks fit, with a jury of 3 persons as hereinafter provided.

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

(4) Before deciding to hold an inquiry under this section the
coroner may, if he considers it necessary, order a post-mortem
examination.

(5) If a coroner considers that an inquiry is not necessary, he shall
forthwith upon the request of the Attorney General forward to the
Attorney General all papers, documents and other evidence relating to
such death which he has considered. (Amended, 49 of 1980,s.4)

7. (1) Whenever judgment of death is executed on any offender, a
coroner shall within 24 hours after the execution (or 48 hours if a
general holiday intervenes in respect of which the coroner is not
exempted from the operation of the Holidays Ordinance)





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 person dies whilst in official custody, a coroner
shall as soon as practicable inquire into the cause of death.

(3) A coroner shall hold an inquiry under this section with a jury of
3 persons as hereinafter provided.

8. A coroner shall when required by the Attorney General hold an
inquiry into the cause of and the circumstances connected with the
death of any person.

9. A coroner may, notwithstanding that he considers that an
inquiry is necessary, order any body to be buried or cremated and he
shall in such case give a certificate of his order in the form prescribed for
the purposes of the proviso to section 17(1) of the Births and Deaths
Registration Ordinance.

10. (1) Whenever the Registrar of the Supreme Court is notified by
a coroner that an inquiry is to be held with a jury, he

either from the one ballot box or from the

shall draw 0
jurors ballot box-, as the coroner may direct, the names of


6 jurors to form a panel and shall transmit such panel to the coroner.

(2) The provisions of the Jury Ordinance shall, so far as they are
applicable, apply to the drawing of the names of the jurors under
subsection (1).


11. (1) Every juror whose name is under section 10(1) shall be
served with a summons in the prescribed form, requiring the attendance
of the jurors drawn.

(2) Every such summons shall be served either personally or by
leaving the same at the juror's residence or place of business, or by
sending the same by registered post addressed to such juror at his
residence or place of business:

Provided that if any such summons be not served personally it
shall be served 4 clear days before the day appointed for the holding of
the inquiry, and, in the case of service by post, an additional 2 clear
days shall be allowed for delivery.

(3) A summons served by post under the provisions of subsection
(2) and not returned as undelivered shall, in the absence of evidence to
the contrary, be deemed to have been duly served.

(4) Any juror who, having been served with a summons in
accordance with this section fails, without reasonable excuse, to attend
an inquiry pursuant to such summons or at any adjournment of an
inquiry shall be guilty of an offence and shall be liable to a

fine of $3,000. (Replaced,49 of 1980, s. 5)





(5) The coroner shall select the 3 jurors required from the panel by
ballot, and may, if necessary, require any fit and proper person or
bystander to serve as a juror, provided that such person or bystander is
not exempted from jury service by section 5 of the Jury Ordinance.

(6) The finding of the majority of the jurors shall be the finding of
the jury.

12. The jury shall be sworn or declared in the prescribed form and
the oath may be administered to or the declaration made by 2 or more
jurors at once.

12A. (1) A coroner may at any time during an inquiry discharge a
juror

(a)where, in the interests of justice, it appears to the coroner
expedient to do so; or

(b) in the interests of the juror.

(2) In the event of the death or discharge by a coroner under
subsection (1) of a juror during an inquiry, the inquiry shall be
proceeded with in a like manner as if the full number of jurors had
continued on the jury.

(3) Where a member of a jury is discharged by a coroner under
subsection (1) or dies

(a)subject, to paragraph (b), the jury shall be considered as
remaining properly constituted for all the purposes of the
inquiry; and

(b)if the coroner considers it in the interests of justice to do so,
he may discharge the remaining jurors and order a fresh
inquiry to be held.

(Added, 49 of 1980, s. 6)

12B (1) In the event of any of the jurors, after reasonable
consultation, dissenting from the residue, the verdict of a majority shall
be taken to be the verdict of the jury.

(2) If in any inquiry it seems for any cause to be desirable the
coroner may direct the jury to consider their verdict further.

(Added, 49 of 1980, s. 6)

13. (1) At the conclusion of an inquiry the coroner shall record in
writing his finding or the finding of the jury and in a case where there is
a jury each member thereof shall sign the finding.

(2) Whenever an inquiry is made under section 7(2) into the death
of a person dying in official custody, the coroner shall furnish to the
person in whose custody such person died a copy of the finding of the
jury signed by him and the jurors.





14. (1) A coroner may adjourn any inquiry either to a fixed date or to
a date to be fixed subsequently, and may, if he considers it necessary,
use the same jury when the inquiry is subsequently held or resumed.

(2) A coroner shall adjourn an inquiry if, before the close of the
inquiry, any person has been charged before a magistrate with the
murder, manslaughter or infanticide of the person whose death is the
subject of the inquiry or with dangerous driving causing the death of
such person.

(3) Whenever a new jury is empanelled on the resumption of an
inquiry which has been adjourned in accordance with subsection (1) or
(2), the coroner shall proceed in all respects as if the inquiry had not
previously begun, and this Ordinance shall apply accordingly as if the
resumed inquiry were a new 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 be read as evidence at the resumed inquiry.

(4) Whenever a coroner resumes an inquiry which has been
adjourned under subsection (1) or (2), being an inquiry by the coroner
without a jury or with the jury empanelled at the original inquiry, the
coroner may proceed at the resumed inquiry as if the inquiry had not
been adjourned.

15. A coroner shall have in relation to the inquiries provided for in
sections 6, 7 and 8 the same powers in all respects as a magistrate has
under Part 11 of the Magistrates Ordinance.

16. (1) A coroner may, at the conclusion of an inquiry, issue his
warrant in the prescribed form for the apprehension and committal to
prison of any person to be brought before a 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 on such prosecution:

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

(2) Any person committed to prison under subsection (1) shall, on
application by himself or by his solicitor made on his behalf to the
coroner's clerk

(a)be furnished free of charge before his trial with one copy of
the depositions and any documents which have been
produced in evidence, together with a list signed by the
coroner of all the exhibits produced in evidence;

(b)be furnished with further copies of all or any of the documents
referred to in paragraph (a) on payment of 50 cents for each
folio of 72 words.





17. (1) No coroner shall admit any person to bail for treason or
murder, nor shall such person be admitted to bail except by order of a
judge.

(2) Subject to subsection (1) when a coroner has committed any
person to prison under section 16(1), the coroner may in his discretion
admit such person to bail, on his procuring or producing such surety or
sureties as, in the opinion of the coroner, will be sufficient to ensure the
appearance of such person at the time and the place when he is to be
tried for the offence for which he had been committed and thereupon the
coroner shall take the recognizance of such person and his surety or
sureties conditioned for his appearance at the time and place of trial and
that he will then surrender and take his trial and will not depart the court
without leave.


18 Notwithstanding anything contained in Part XI of the
Public Health and 1 Urban Services a coroner may order

the exhumation of the body of any person, or the remains of the body of
any person, for the purpose of inquiring into the cause of death of such
person in accordance with the provisions of this Ordinance.

19. If, after the conclusion of an inquiry, the Attorney General so
requests, the coroner shall deliver to the Attorney General(Amended, 49
of 1980, s. 7)

(a) the depositions taken by him on such inquiry;

(b) any documents which have been produced in evidence;

(c)a list signed by the coroner of all exhibits produced in
evidence; and

(d)a certificate in the prescribed form duly filled up and signed by
him.

20. Notwithstanding that an inquiry has been concluded, the
Attorney General may, if it appears to him that further investigation is
necessary, require the coroner to reopen such inquiry and make further
investigation, and thereupon the coroner shall reopen the inquiry and
proceed to -make further investigation in the same manner as if the
proceedings at such inquiry had not been concluded.

21. The Governor may from time to time by order published in the
Gazette, prescribe the fees to be paid to any medical Practi- not being a
public officer, who has made a post-mortem examination pursuant to the
order of a coroner under section 5 or section 6.

(Amended, 57 of 1971, s. 2)

22. The Chief Justice may make rules-

(a)for regulating the practice and procedure at or in connexion
with inquiries and post-mortem examinations;

(b) prescribing the forms to be used under this Ordinance.





22A. (1) The Chief Justice may, with the approval of the Legislative
Council, make rules providing for the payment of an allowance to
witnesses in inquiries and such rules may, in particular, provide for

(a) the classification of witnesses;

(b)the payment of different rates of allowance to different classes
of witnesses; and

(c)the rate of allowance which may be paid to witnesses in a
particular class.

(2) The expenses of the allowances paid under such rules shall be
met from moneys provided by the Legislative Council.

(3) In this section, 'witness' means any person, other than a public
officer, properly attending an inquiry to give evidence, whether or not
he gives evidence.

(Added, 57 of 1971, s. 3)

23. Nothing in this Ordinance shall affect the provisions of Article 6
of the United Kingdom Forces (Jurisdiction of Colonial Courts) Order
1965.
Originally 57 of 1967. 31 of 1971. 57 of 1971. 22 of 1975. 49 of 1980. L.N. 176/67. Short title. Interpretation. (Cap. 227.) (Cap. 213.) (Cap. 136.) Appointment of coroners. Place for post-mortem examination. Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. Executions and deaths in prison, etc. (Cap. 149.) Power to Attorney General to require inquiry. Power of coroner to make burial or cremation order. (Cap. 174.) Panel for jury. (Cap. 3.) Summoning of jurors. (Cap. 3.) Procedure with jury. Discharge of jurors. Majority verdicts. Recording of finding. Adjournment of inquiry. [cf.1926 c. 59, s. 20(1).] [cf. 1926 c.59, s. 20(3).] General powers of coroner. (Cap. 227.) Power to issue warrants, etc. [cf. 1926 c. 59, s. 20(2).] [Cap. 227. S. 86(2), (3).] Bail. Power of coroner to order exhumation. (Cap. 132.) Forwarding depositions. Power to Attorney General to direct further investigation in certain cases. Fees for medical evidence. Rules. [cf. 1926 c. 59, s. 26.] Rules for payment of allowance to witnesses. Saving. (S.I. 1965 No. 1203.)

Originally 57 of 1967. 31 of 1971. 57 of 1971. 22 of 1975. 49 of 1980. L.N. 176/67. Short title. Interpretation. (Cap. 227.) (Cap. 213.) (Cap. 136.) Appointment of coroners. Place for post-mortem examination. Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. Executions and deaths in prison, etc. (Cap. 149.) Power to Attorney General to require inquiry. Power of coroner to make burial or cremation order. (Cap. 174.) Panel for jury. (Cap. 3.) Summoning of jurors. (Cap. 3.) Procedure with jury. Discharge of jurors. Majority verdicts. Recording of finding. Adjournment of inquiry. [cf.1926 c. 59, s. 20(1).] [cf. 1926 c.59, s. 20(3).] General powers of coroner. (Cap. 227.) Power to issue warrants, etc. [cf. 1926 c. 59, s. 20(2).] [Cap. 227. S. 86(2), (3).] Bail. Power of coroner to order exhumation. (Cap. 132.) Forwarding depositions. Power to Attorney General to direct further investigation in certain cases. Fees for medical evidence. Rules. [cf. 1926 c. 59, s. 26.] Rules for payment of allowance to witnesses. Saving. (S.I. 1965 No. 1203.)

https://oelawhk.lib.hku.hk/items/show/2233

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