CORONERS RULES

CORONERS RULES

Rule. Page.

1. Citation ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... ... A2

POST-MORTEM
EXAMINATIONS.

3. Post-mortem examinations to be made as soon as reasonably practicable ... A 2

4. Matters to be considered in selecting person to make post-mortem. examina-

tion ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 2
5. Persons and bodies who may be
informed as to a postmortem examination A 3

6. Non-interference with postmortem examinations ... ... ... ... ... ... A 3

7. Preservation of material bearing upon the cause of death ... ... ... ... A 3

8. Post-mortem report ... ... ... ... ... ... ... ... ... ... ... ... A 4

9. Places where post-mortem examinations to be made ... ... ... ... ... A 4

INQUIRIES

10. Inquiries to be public ... ... ... ... ... ... ... ... ... ... ... ... A 4

11. Inquiries not to be held on holidays or Sundays ... ... ... ... ... ... A 4
12. Questioning of witnesses ... ... ... ... ... ... ... ... ... ... ... A 4
13. Order in which witness is to be questioned ... ... ... ... ... ... ... A 4
14. Witness not to incriminate himself ... ... ... ... ... ... ... ... ... A 4
15. Notice to be given to a person whose conduct is likely to be called in question A 5
16. Adjournment of inquiry where conduct of an absent person is called in
question ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 5
17. Alteration of date, hour or place of adjourned inquiry ... ... ... ... ... A 5
18. Commissioner of Police may request adjournment of inquiry in certain cases A 5
19. Inquiry not to be adjourned solely on grounds of criminal proceedings
arising out of death of deceased ... ... ... ... ... ... ... ... ... A 5
20. Resumption and non-resumption of inquiry ... ... ... ... ... ... ... A 5
21. Recognizance to be void in certain circumstances ... ... ... ... ... ... A 5
22. Coroner to inform Registrar, Supreme Court of adjournment in certain cases A 6
23. Matters to be ascertained at an inquiry ... ... ... .. ... ... ... ... A 6
24. Opinions not to be expressed on matters other than those in rule 23 ... ... A 6
25. Admissibility of documentary evidence ... ... ... ... ... ... ... ... A 6
26. Exhibits to be marked ... ... ... ... ... ... ... ... ... ... ... ... A 6
27. Coroner to take notes of evidence or depositions ... ... ... ... ... ... A 6
28. Facts ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 7
29. Duties of coroner as to matters of law and evidence ... ... ... ... ... A 7
30. Civil liability not to be determined ... ... ... ... ... ... ... ... ... A 7
31. Riders ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... A 7

RECORDS, DOCUMENTS AND
EXHIBITS

32. Register of deaths ... ... ... ... ... ... ... ... ... ... ... ... ... A 7

33. Retention and disposal of exhibits ... ... ... ... ... ... ... ... ... A 7
34. Retention and disposal of documents other than exhibits ... ... ... ... A 7
35. Copy documents ... ... ... ... ... ... ... ... ... ... ... ... ... A 7
36. Vacation of office ... ... ... ... ... ... ... ... ... ... ... ... ... A 7





CORONERS RULES.

(Cap. 14, section 22).

[29th August, 1969.]

1. These rules may be cited as the Coroners Rules.

2. In these rules, unless the context otherwise requires-

'Ccoroner' means a person appointed as such under section 3 of

the Ordinance;

'deceased' means a person whose death is reported to the coroner,
whether or not a postmortem examination is ordered or an inquiry is
held by the coroner;

&&postmortem examination' means a postmortem examination which is
ordered by a coroner to be made under section 5 or section 6 of the
Ordinance;

'registered medical practitioner' means a person who is registered or is
deemed to be so registered under the Medical Registration
Ordinance.

POSTMORTEM EXAMINATIONS.

3. If a coroner orders that a postmortem examination shall be made,
it shall be made as soon after the death of the deceased as is reasonably
practicable.

4. In considering what registered medical practioner shall

be ordered to make a post-mortem examination the coroner shall
have regard to the following considerations-

(a)the post-mortem examination should be made, whenever
practicable, by a pathologist with suitable qualifications and
experience and having access to laboratory facilities;

(b)if the coroner is informed by the Commissioner of Police that a
person may be charged with the murder, manslaughter or
infanticide of the deceased, the coroner should consult the
Commissioner of Police regarding the registered medical
practitioner who is to make the postmortem examination;

(c)if the deceased died in a hospital, the coroner should not order
a pathologist on the staff of, or associated with, that hospital to
make a postmortem examination if

(i) that pathologist does not desire to make the examination;
or

(ii) the conduct of any member of the hospital staff is likely
to be called in question; or





(iii) any relative of the deceased asks the coroner that the
examination be not made by such a pathologist,

unless the obtaining of another pathologist with suitable
qualifications and experience would cause the examination to
be unduly delayed.

5. (1) If a coroner orders a registered medical practitioner to make a
post-mortern examination, the coroner shall inform the persons and
bodies set out in paragraph (2) of this rule of the date, hour and place at
which the examination will be made, unless it is impracticable to inform
such persons or bodies or to do so would cause the examination to be
unduly delayed.

(2) The persons and bodies to be informed by the coroner are as
follows

(a)any relative of the deceased who has notified the coroner of
his desire to attend, or be represented at, the postmortem
examination;

(b)the deceased's regular medical practitioner;

(c)if the deceased died in hospital, the hospital;

(d)any government department which has notified the coroner of
its desire to be represented at the examination;

(e)if the Commissioner of Police has notified the coroner of his
desire to be represented at the examination, the Commissioner
of Police or some other police officer representing him;

if the death of the deceased may have been caused by any
accident of which notice is required by any Ordinance to be
given to any person appointed under that Ordinance, the
person to whom such notice has been, or is to be, given.

(3) Any person or body as aforesaid shall be entitled to be
represented at a postmortem examination by a registered medical
practitioner, or if any such person is a registered medical practitioner he
shall be entitled to attend the examination in person.

(4) Nothing in this rule shall limit the discretion of the coroner to
inform any person of the date, hour and place at which a postmortem
examination will be made and to permit him to attend the examination.

6. A person attending a postmortem examination by virtue of rule 5
shall not interfere with the performance of the examination.

7. A person making a postmortem examination shall make provision
so far as possible, for the preservation of material which in his opinion
bears upon the cause of death for such period as the coroner thinks fit.





8. (1) The person making a post-mortem examination shall report to
the coroner in Form 6 set out in the Schedule to the Coroners (Forms)
Rules.

(2) Unless authorized by the coroner, the person making a post-
mortem examination shall not supply a copy of his report to any person
other than the coroner/ a-ik 411p

9. No post-mortem examination shall take place other than in a place
specified in the Places for Post-Mortem Examination Order.

INQUIRIES.

10. Every inquiry shall be held in open court, unless the coroner
directs that the public be excluded from an inquiry or any part of an
inquiry.

11. An inquiry shall not be held on a general holiday as defined in
the Holidays Ordinance unless the coroner considers it requisite on
grounds of urgency that an inquiry shall be held on such a day, and no
inquiry shall be held on a Sunday.

12. (1) Without prejudice to any enactment with regard to the
examination of witnesses at an inquiry, any person who in the opinion of
the coroner is a properly interested person shall be entitled to examine
any witness at an inquiry either in person or by counsel or solicitor.

(2) The Commissioner of Police, unless interested otherwise than in
that capacity, shall only be entitled to examine a witness by counsel or
solicitor.

(3) The coroner shall disallow any question which in his opinion is
not relevant or is otherwise not a proper question.

(4) If the death of the deceased may have been caused by an injury
received in the course of his employment or by an industrial disease, any
person appointed by a trade union to which the deceased at the time of
his death belonged shall be a properly interested person for the
purposes of this rule.

13. Unless the coroner otherwise determines, a witness at an inquiry
shall be examined first by the coroner or his officer and, if the witness is
represented at the inquiry, lastly by his representative.

14. (1) No witness at an inquiry shall be obliged to answer any
question if to do so would tend to incriminate him.

(2) If.it appears to the coroner that a witness has been asked such a
question, the coroner shall inform the witness that he may refuse to
answer.





15. Any person whose conduct is likely in the opinion of the
coroner to be called in question at an inquiry, shall, if not sum-
moned to give evidence at the inquiry, be given reasonable notice
of the date, hour and place at which the inquiry will be held.

16. If the conduct of any person is called in question at an
inquiry on grounds which the coroner thinks substantial and which
relate to any matter referred to in rule 23 and if that person is
not present at the inquiry and has not been summoned to attend
or otherwise given notice of the holding of the inquiry, the inquiry
shall be adjourned to enable him to be present.

17. When a coroner has fixed a date, hour and place for the
holding of an adjourned inquiry he may, at any time before the
date so fixed, alter the date, hour or place fixed and shall then
give notice of the alteration to the members of the jury, if any, the
witnesses, and any other person appearing in person or represented
at the inquiry.

18. (1) If the Commissioner of Police requests a coroner to
adjourn an inquiry on the ground that a person may be charged
with the murder, manslaughter or infanticide of the deceased or
with dangerous driving causing the death of such person, the
coroner shall adjourn the inquiry.

(2) At any time before the date fixed for the holding of the
adjourned inquiry, the Commissioner of Police may ask the coroner
for a further adjournment and the coroner shall comply with his
request.

19. Subject to subsection (2) of section 14 of the Ordinance
and to rule 18 an inquiry shall not be adjourned solely by reason
of the institution of criminal proceedings arising out of the death
of the deceased.

20. (1) If an inquiry which has been adjourned in pursuance
of subsection (2) of section 14 of the Ordinance is not to be resumed,
the coroner shall notify the jurors, the witnesses, the Commissioner
of Police and any other person appearing in person or represented
at the inquiry that the inquiry will not be resumed.

(2) If an inquiry which has been adjourned as aforesaid is
to be resumed, the coroner shall give reasonable notice of the
date, hour and place at which the inquiry will be resumed to the
jurors, the witnesses, the Commissioner of Police and any other
person appearing in person or represented at the inquiry.

21. When any witness or juror who has been bound over to
attend at an adjourned inquiry, whether without further notice or
conditionally on receiving further notice, is notified by the coroner





that his attendance at the adjourned inquiry is not required or that the
inquiry will not be resumed, the recognizance entered into by him shall
be void.

22. When a magistrate commits a person for trial on a charge of
murder, manslaughter, infanticide or causing death by dangerous
driving, and the coroner who is responsible for holding an inquiry on the
body adjourns the inquiry in pursuance of subsection (2) of section 14
of the Ordinance, the coroner shall inform the Registrar of the Supreme
Court of such adjournment.

23. The proceedings and evidence at an inquiry shall be directed
solely to ascertaining the following matters--

(a) the identity of the deceased;

(b) how, when and where the deceased came by his death;

(c)the persons, if any, to be charged with murder, manslaughter,
infanticide or causing death by dangerous driving, or of being
accessories before the fact should the jury find that the
deceased came by his death by murder, manslaughter,
infanticide or dangerous driving;

(d)the particulars for the time being required by the Births and
Deaths Registration Ordinance to be registered concerning the
death.

24. (1) Neither the coroner nor the jury shall express any opinion on
any matters other than those referred to in rule 23.

(2) Notwithstanding paragraph (1) the coroner or the jury may make
a recommendation designed to prevent the recurrence of fatalities similar
to that in respect of which the inquiry is being held.

25. (1) Documentary evidence as to how the deceased came by his
death shall not be admissible at an inquiry unless the coroner is satisfied
that there is good and sufficient reason why the maker of the document
should not attend the inquiry.

(2) If such documentary evidence is admitted at an inquiry, the
inquiry shall be adjourned to enable the maker of the document to give
oral evidence if the coroner or any properly interested person so desires.

26. All exhibits produced in evidence at an inquiry shall be marked
with consecutive numbers and each number shall be preceded by the
letter 'c'

27. The coroner shall take notes of the evidence or depositions at
every inquiry except in cases of murder, manslaughter, infanticide or
death by dangerous driving when he shall take depositions.





28. No person shall be allowed to address the coroner or the jury as
to the facts.

29. When the coroner sits with a jury, he shall sum up the evidence
to the jury and direct them as to the law before they consider their
verdict and shall draw their attention to rules 23, 24, 30 and 31 of these
rules.

30. No verdict shall be framed in such a way as to appear to
determine any question of civil liability.

31. The coroner shall not record any rider unless the rider is, in the
opinion of the coroner, designed to prevent the recurrence of fatalities
similar to that in respect of which the inquiry is being held.

RECORDS, DOCUMENTS AND
EXHIBITS

32. A coroner shall keep an indexed register of all deaths reported
to him which shall contain the particulars specified in Form 7 set out in
the Schedule to the Coroners (Forms) Rules.

33. Every exhibit at an inquiry shall, unless a court otherwise
directs, be retained by the coroner until he is satisfied that the exhibit is
not likely to be, or will no longer be, required for the purposes of any
other legal proceedings, and shall then, if a request for its delivery has
been made by a person appearing to the coroner to be entitled to the
possession thereof, be delivered to the. person, or, if no such request
has been made, be destroyed or otherwise disposed of as the coroner
thinks fit.

34. Any document, other than an exhibit at an inquiry, in the
possession of a coroner in connexion with an inquiry or postmortem
examination shall, unless a court otherwise directs, be retained by the
coroner for at least fl(4eeft Years s:



Provided that the coroner may deliver any such document to any
person who in the opinion of the coroner is a proper person to have
possession of it.

35. A coroner shall, on application, supply to any person who, in
the opinion of the coroner, is a properly interested person a copy of any
notes of evidence or depositions taken by the coroner at an inquiry, or
of any report of a post-mortern examination, or of any document put in
evidence at an inquiry; or may, on application, permit such person to
inspect such notes of evidence, depositions, report or document.

36. When a coroner vacates his office by death or otherwise, all
documents, exhibits, registers and other things in the custody of the
coroner in connexion with inquiries or post-mortem examinations shall be
transferred to the coroner next appointed to that office.
L.N. 134/69. Citation. Interpretation. (Cap. 161.) Post-mortem examinations to be made as soon as reasonably practicable. Matters to be considered in selecting person to make post-mortem examination. Persons and bodies who may be informed as to a post-mortem examination. Non-interference with post-mortem examinations. Preservation of material bearing upon the cause of death. Post-mortem report. (Cap. 14, sub. leg.) Places where post-mortem examinations to be made. (Cap. 14, sub. leg.) Inquiries to be public. Inquiries not to be held on holidays or Sundays. (Cap. 149.) Questioning of witnesses. Order in which witness is to be questioned. Witness not to incriminate himself. Notice to be given to a person whose conduct is likely to be called in question. Adjournment of inquiry where conduct of an absent person is called in question. Alteration of date, hour or place of adjourned inquiry. Commissioner of Police may request adjournment of inquiry in certain cases. Inquiry not to be adjourned solely on grounds of criminal proceedings arising out of death of deceased. Resumption and non-resumption of inquiry. Recognizance to be void in certain circumstances. Coroner to inform Registrar, Supreme Court of adjournment in certain cases. Matters to be ascertained at an inquiry. (Cap. 174.) Opinions not to be expressed on matters other than those in rule 23. Admissibility of documentary evidence. Exhibits to be marked. Coroner to take notes of evidence or depositions. Facts. Duties of coroner as to matters of law and evidence. Civil liability not to be determined. Riders. Register of deaths. (Cap. 14, sub. leg.) Retention and disposal of exhibits. Retention and disposal of documents other than exhibits. Copy documents. Vacation of office.

L.N. 134/69. Citation. Interpretation. (Cap. 161.) Post-mortem examinations to be made as soon as reasonably practicable. Matters to be considered in selecting person to make post-mortem examination. Persons and bodies who may be informed as to a post-mortem examination. Non-interference with post-mortem examinations. Preservation of material bearing upon the cause of death. Post-mortem report. (Cap. 14, sub. leg.) Places where post-mortem examinations to be made. (Cap. 14, sub. leg.) Inquiries to be public. Inquiries not to be held on holidays or Sundays. (Cap. 149.) Questioning of witnesses. Order in which witness is to be questioned. Witness not to incriminate himself. Notice to be given to a person whose conduct is likely to be called in question. Adjournment of inquiry where conduct of an absent person is called in question. Alteration of date, hour or place of adjourned inquiry. Commissioner of Police may request adjournment of inquiry in certain cases. Inquiry not to be adjourned solely on grounds of criminal proceedings arising out of death of deceased. Resumption and non-resumption of inquiry. Recognizance to be void in certain circumstances. Coroner to inform Registrar, Supreme Court of adjournment in certain cases. Matters to be ascertained at an inquiry. (Cap. 174.) Opinions not to be expressed on matters other than those in rule 23. Admissibility of documentary evidence. Exhibits to be marked. Coroner to take notes of evidence or depositions. Facts. Duties of coroner as to matters of law and evidence. Civil liability not to be determined. Riders. Register of deaths. (Cap. 14, sub. leg.) Retention and disposal of exhibits. Retention and disposal of documents other than exhibits. Copy documents. Vacation of office.

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