CORONER'S ABOLITION ORDINANCE, 1888
Title
CORONER'S ABOLITION ORDINANCE, 1888
Description
No. 5 of 1888.
To abolish the Office of Coroner, and to make provision for the
performance of the duties thereof by Magistrates.
[9th June, 1888.]
1. The Coroner's Abolition Ordinance, 1888.
[s. 2, rep. No. 62 of 1911.]
3. The office of Coroner and all incidental offices thereto attached
shall be abolished.
4. The duties hitherto performed by the Coroner shall be per-
formed by the Magistrafes or either of them as the Governor may
direct, (hereinafter called ' the Magistrate '), who shall have, in
relation to 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
oE 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 examina-
tion, and may order the cost of such removal to be defrayed from.
public funds.
6.-(1) The Superintendent of the Civil Hospital, or such other
medical officer as may be appointed by the Governor for the duty,
shall, on receiving any dead body, make a preliminary external
examination thereof,and report in writing to the Magistrate, who
may, if he considers it necessary, order ail autopsy.
(2) The medical officer who makes the autopsy shall further
report to the Magistrate on the cause of death.
7.-(1) Whenever any person dies suddenly, or by accident or
violence, or under suspicious circumstances, or whenever any dead
body is found within the Colony or is brought into the Colony,
the Magistrate may, if be considers an inquiry to be necessary,
inquire into the cause of death of such person without a jury, or,
if he thinks fit, with a jury of 3 persons as hereinafter provided,
and (in his discretion) with or without view of the body, and may
determine the cause of death, aud. make such order with regard
thereto as he may consider necessary.
(2) Such inquiry may be held notwithstanding that the cause of
death did not arise within the Colony.
8. Whenever any prisoner dies in gaol, and whenever any person
suhrs capital punishment, the Magistrate shall, within 24 hours
(or 48 hours if a Sunday intervenes), with a Jury of 3 persons as
hereinafter provided, view the body and inquire into the cause of
death, and may make such order in relation thereto as he may
consider necessary.
9.(1) Whenever a Magistrate requires a jury under section 7
or section 8, the Registrar of the Supreme Court shall, on receipt
of a requisition from the Magistrate, draw from the Common Jurors
Ballot Box for the year the names of 6 Jurors to form a panel, and
shall 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 common jury in the Supreme Court.
10.-(1) The Magistrate's Clerk sball, before the holding of any
inquiry at which a jury may be necessary , issue forms of summons,
according to form 1 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 to a
fine not exceeding 2.5 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.
(4) The Magistrate shall select the 3 jurors required from the
panel by ballot, and may, if necessary, require any bystander to
serve as a juror, but no officer of the gaol or prisoner confined
therein. shall serve as a juror in any such inquiry.
11. The jury jiiay be sworn or declared according to form 2 or
form 3 in the schedule, which may be admimstered to 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 ease under section 8, it shall be the duty of the
Magistrate to furnish to the Superintendent of the Gaol a copy of,
the finding of the jury, signed by him.
13. The Magistrate may adjourn any inquiry, and may, if he
considers it necessary, use the same jury for a second inquiry.
14. The Magistrate shall have, in relation to the inquiries pro-
vided 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,
commit any person for trial at the Supreme Court without any
further proceedings.
15. The Magistrate shall not order the interment of the body of
any person otherwise than in some public cemetery and in the
ordinary and customary manner in which persons of the same
nationality are commonly interred: Provided always that this
section shall not be so constitied as to require the performance
of any religious rite at the intermeht of the body of any person
buried by order of a Magistrate under this Ordinance, or to alter
the laws and usages relating to religious ceremonies at the burial
of such persons.
16. No inquisition shall be necessary in any inquiry by a Magis-
trate under this Ordinance, and no committal under this Ordinance
by any Magistrate shall be held to be bad on the ground that no
inquisition was drawn up.
17. Whenever any inquiry as to the cause of a death has been
held by a Magistrate without a jury, the Magistrate shall forthwith
return the depositions by him on such inquiry to the Attorney
General, together with a certificate in form 4 in the schedule duly
filled up and signed by him.
18. Any person who is committed for trial by the Magistrate
under this Ordinance on a charge of murder or manslaughter shall
be entitled to have at any time from the Magistrate's Clerk copies
of the depositions on which such committal has been made, on
payment of a reasonable sum for the same, not exceediny 5 cents
for every folio of 90 words.
19. When any person is so committed for trial on a charge of
murder or manslaughter, or as accessory before the fact to any
murder, in any case in which the cause of the death inquired into
did not arise within the Colony, the Magistrate, the Judges and
officers of the Supreme Court, and all other persons or authorities
shall have the same powers respectively for the commitment of,
trial of, and execution of the sentence upon the person so charged
as they by law possess in relation to the commitment of, trial of,
and execution of the sentence upon any person committed and
tried for murder or manslaugbter where the cause of death arose
within the colony.
20. The following fees shall be payable to any medical practi-
tioner, not being an officer of the Government, who has made an
autopsy in pursuance of an order from the Magistrate under 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
SCHEDULE.
FORM NO. 1. [S.10.]
Mr. A. B.
You are hereby summoned to appear as a Juror it an inquiry to be hold by
a Magistrate concerning the death of one C. D. at in this colony
on day , the day of ,19 , at
o'clock m., and there to attend until you shall be discharged.
Dated the day of ,19.
(Signed.) E. F., magistrate's clerk.
Note.---The PenalLy for disobedience hereto is amy sum not exceeding 25 dollars.
Personal service of this summons is not necessary to subject the Juror summoned to
this penalty.
FORM No. 2. [s. 11.]
Outh for Juror.
You shall diligently inquire and true presentment make of all such matters and
things as shall be here given you in charge, on behalf of Our Sovereign Lord the
King touching the death of now lying dead [of wbose body you shall
have the view]. You shall 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 your skill and knowledge; So help you God.
FORM No. 3. [s. 11.]
declaration for juror,
I do solemnly, sincerely, and truly declare that 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 I 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.
Form No. 4. [s.17.]
Certifecate, of magistrate.
I hereby certify that on the day of , 19 , held, under
the provisions of the Coroner's abolition Ordinance, 1888, an inquiry as to the cause
of a death in and that the following particulars were then
disclosed :-
1. Name of deceased.
2. Residence and occupation.
3. Where found, and when, and in what circumstances.
4. Date of death.
5. Cause of death,
*6. 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 names, residence, and callings of the witnesses
examined :-
I have issued my warrant for the arrest of on a charge of
Dated the day of ' 19 - .
(Signed.) Magistrate.
* To be filled up in case the death is supposed to have been caused by improper
means.
Short title. Abolition of office of Coroner. Performance of duties of Coroner. Place for post mortem examination [29 & 30 Vict.c. 90 s.23; 38 & 39 Vict.c. 55 s. 143.] Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. Inquiry in case of prisoner dying in gaol or executed. Panel for jury. [cf. No. 6 of 1887, s.9.] No. 6 of 1887. Summoning of jurors. Procedure with jury. Recording of finding of jury. Adjournment of inquiry. Power of Magistrate. Burials. [45 & 46 Vict.c.19 ss.2,4.] Abolition of inquisition. Forwarding depositions. Copies of depositions. [22 Vict.c. 33 s.3.] Trial when cause of death was out of the Colony. [see 24 & 25 Vict.c.100, s.10, and No. 2 of 1865, s.9.] Fees for medical evidence.
To abolish the Office of Coroner, and to make provision for the
performance of the duties thereof by Magistrates.
[9th June, 1888.]
1. The Coroner's Abolition Ordinance, 1888.
[s. 2, rep. No. 62 of 1911.]
3. The office of Coroner and all incidental offices thereto attached
shall be abolished.
4. The duties hitherto performed by the Coroner shall be per-
formed by the Magistrafes or either of them as the Governor may
direct, (hereinafter called ' the Magistrate '), who shall have, in
relation to 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
oE 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 examina-
tion, and may order the cost of such removal to be defrayed from.
public funds.
6.-(1) The Superintendent of the Civil Hospital, or such other
medical officer as may be appointed by the Governor for the duty,
shall, on receiving any dead body, make a preliminary external
examination thereof,and report in writing to the Magistrate, who
may, if he considers it necessary, order ail autopsy.
(2) The medical officer who makes the autopsy shall further
report to the Magistrate on the cause of death.
7.-(1) Whenever any person dies suddenly, or by accident or
violence, or under suspicious circumstances, or whenever any dead
body is found within the Colony or is brought into the Colony,
the Magistrate may, if be considers an inquiry to be necessary,
inquire into the cause of death of such person without a jury, or,
if he thinks fit, with a jury of 3 persons as hereinafter provided,
and (in his discretion) with or without view of the body, and may
determine the cause of death, aud. make such order with regard
thereto as he may consider necessary.
(2) Such inquiry may be held notwithstanding that the cause of
death did not arise within the Colony.
8. Whenever any prisoner dies in gaol, and whenever any person
suhrs capital punishment, the Magistrate shall, within 24 hours
(or 48 hours if a Sunday intervenes), with a Jury of 3 persons as
hereinafter provided, view the body and inquire into the cause of
death, and may make such order in relation thereto as he may
consider necessary.
9.(1) Whenever a Magistrate requires a jury under section 7
or section 8, the Registrar of the Supreme Court shall, on receipt
of a requisition from the Magistrate, draw from the Common Jurors
Ballot Box for the year the names of 6 Jurors to form a panel, and
shall 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 common jury in the Supreme Court.
10.-(1) The Magistrate's Clerk sball, before the holding of any
inquiry at which a jury may be necessary , issue forms of summons,
according to form 1 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 to a
fine not exceeding 2.5 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.
(4) The Magistrate shall select the 3 jurors required from the
panel by ballot, and may, if necessary, require any bystander to
serve as a juror, but no officer of the gaol or prisoner confined
therein. shall serve as a juror in any such inquiry.
11. The jury jiiay be sworn or declared according to form 2 or
form 3 in the schedule, which may be admimstered to 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 ease under section 8, it shall be the duty of the
Magistrate to furnish to the Superintendent of the Gaol a copy of,
the finding of the jury, signed by him.
13. The Magistrate may adjourn any inquiry, and may, if he
considers it necessary, use the same jury for a second inquiry.
14. The Magistrate shall have, in relation to the inquiries pro-
vided 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,
commit any person for trial at the Supreme Court without any
further proceedings.
15. The Magistrate shall not order the interment of the body of
any person otherwise than in some public cemetery and in the
ordinary and customary manner in which persons of the same
nationality are commonly interred: Provided always that this
section shall not be so constitied as to require the performance
of any religious rite at the intermeht of the body of any person
buried by order of a Magistrate under this Ordinance, or to alter
the laws and usages relating to religious ceremonies at the burial
of such persons.
16. No inquisition shall be necessary in any inquiry by a Magis-
trate under this Ordinance, and no committal under this Ordinance
by any Magistrate shall be held to be bad on the ground that no
inquisition was drawn up.
17. Whenever any inquiry as to the cause of a death has been
held by a Magistrate without a jury, the Magistrate shall forthwith
return the depositions by him on such inquiry to the Attorney
General, together with a certificate in form 4 in the schedule duly
filled up and signed by him.
18. Any person who is committed for trial by the Magistrate
under this Ordinance on a charge of murder or manslaughter shall
be entitled to have at any time from the Magistrate's Clerk copies
of the depositions on which such committal has been made, on
payment of a reasonable sum for the same, not exceediny 5 cents
for every folio of 90 words.
19. When any person is so committed for trial on a charge of
murder or manslaughter, or as accessory before the fact to any
murder, in any case in which the cause of the death inquired into
did not arise within the Colony, the Magistrate, the Judges and
officers of the Supreme Court, and all other persons or authorities
shall have the same powers respectively for the commitment of,
trial of, and execution of the sentence upon the person so charged
as they by law possess in relation to the commitment of, trial of,
and execution of the sentence upon any person committed and
tried for murder or manslaugbter where the cause of death arose
within the colony.
20. The following fees shall be payable to any medical practi-
tioner, not being an officer of the Government, who has made an
autopsy in pursuance of an order from the Magistrate under 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
SCHEDULE.
FORM NO. 1. [S.10.]
Mr. A. B.
You are hereby summoned to appear as a Juror it an inquiry to be hold by
a Magistrate concerning the death of one C. D. at in this colony
on day , the day of ,19 , at
o'clock m., and there to attend until you shall be discharged.
Dated the day of ,19.
(Signed.) E. F., magistrate's clerk.
Note.---The PenalLy for disobedience hereto is amy sum not exceeding 25 dollars.
Personal service of this summons is not necessary to subject the Juror summoned to
this penalty.
FORM No. 2. [s. 11.]
Outh for Juror.
You shall diligently inquire and true presentment make of all such matters and
things as shall be here given you in charge, on behalf of Our Sovereign Lord the
King touching the death of now lying dead [of wbose body you shall
have the view]. You shall 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 your skill and knowledge; So help you God.
FORM No. 3. [s. 11.]
declaration for juror,
I do solemnly, sincerely, and truly declare that 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 I 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.
Form No. 4. [s.17.]
Certifecate, of magistrate.
I hereby certify that on the day of , 19 , held, under
the provisions of the Coroner's abolition Ordinance, 1888, an inquiry as to the cause
of a death in and that the following particulars were then
disclosed :-
1. Name of deceased.
2. Residence and occupation.
3. Where found, and when, and in what circumstances.
4. Date of death.
5. Cause of death,
*6. 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 names, residence, and callings of the witnesses
examined :-
I have issued my warrant for the arrest of on a charge of
Dated the day of ' 19 - .
(Signed.) Magistrate.
* To be filled up in case the death is supposed to have been caused by improper
means.
Short title. Abolition of office of Coroner. Performance of duties of Coroner. Place for post mortem examination [29 & 30 Vict.c. 90 s.23; 38 & 39 Vict.c. 55 s. 143.] Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. Inquiry in case of prisoner dying in gaol or executed. Panel for jury. [cf. No. 6 of 1887, s.9.] No. 6 of 1887. Summoning of jurors. Procedure with jury. Recording of finding of jury. Adjournment of inquiry. Power of Magistrate. Burials. [45 & 46 Vict.c.19 ss.2,4.] Abolition of inquisition. Forwarding depositions. Copies of depositions. [22 Vict.c. 33 s.3.] Trial when cause of death was out of the Colony. [see 24 & 25 Vict.c.100, s.10, and No. 2 of 1865, s.9.] Fees for medical evidence.
Abstract
Short title. Abolition of office of Coroner. Performance of duties of Coroner. Place for post mortem examination [29 & 30 Vict.c. 90 s.23; 38 & 39 Vict.c. 55 s. 143.] Preliminary examination of body. Inquiry into cause of sudden or violent death, etc. Inquiry in case of prisoner dying in gaol or executed. Panel for jury. [cf. No. 6 of 1887, s.9.] No. 6 of 1887. Summoning of jurors. Procedure with jury. Recording of finding of jury. Adjournment of inquiry. Power of Magistrate. Burials. [45 & 46 Vict.c.19 ss.2,4.] Abolition of inquisition. Forwarding depositions. Copies of depositions. [22 Vict.c. 33 s.3.] Trial when cause of death was out of the Colony. [see 24 & 25 Vict.c.100, s.10, and No. 2 of 1865, s.9.] Fees for medical evidence.
Identifier
https://oelawhk.lib.hku.hk/items/show/840
Edition
1912
Volume
v1
Subsequent Cap No.
504
Cap / Ordinance No.
No. 5 of 1888
Number of Pages
5
Files
Collection
Historical Laws of Hong Kong Online
Citation
“CORONER'S ABOLITION ORDINANCE, 1888,” Historical Laws of Hong Kong Online, accessed January 22, 2025, https://oelawhk.lib.hku.hk/items/show/840.
