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The task of the Coroner's Court is to inquire into
the causes and circumstances of certain deaths. As this
booklet outlines, the Coroner has extensive powers related
to the conduct of affairs relating to such deaths. |
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The Coroner is a judicial officer who has the power
to:
- grant burial order
- grant cremation order
- grant waiver of autopsy
- grant autopsy order
- grant exhumation order
- grant order to remove a dead body outside Hong
Kong
- order police investigation into the death
- order inquest to be held
- approve removal and use of body parts of the
dead body
- issue certificate of fact of death
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The Coroners Ordinance sets out 20 categories of
deaths (see Appendix I) which should
be reported to the Coroner. Anyone responsible for
reporting a death to the Coroner (see Appendix
II) should do so as soon as they reasonably can
after they know of the death.
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The fact that a death is reportable to the Coroner
does not necessarily mean that an inquest has to be
held, except for certain categories of death. When
a reportable death occurs, the body is sent to either
a hospital or a public mortuary, where the pathologist:
- conducts an external examination of the body
- reports the findings of this examination and
the cause of death, if ascertained, to the Coroner
- recommends waiver of autopsy, and seeks a burial
or cremation order if the cause of death can be
ascertained
- seeks an autopsy order if the cause of death
cannot be ascertained
- submits a brief description of circumstances
connected with the death, for example, the clinical
background.
The Coroner considers the pathologist's report and,
depending on the case, makes the following orders:
- autopsy order
- waiver of autopsy
- burial order
- cremation order.
If the Coroner is uncertain of the cause of death
or for other reasons, he will:
- order an autopsy
- study the autopsy report from the pathologist
- consider whether an investigation is needed
If the pathologist recommends an autopsy, but the
deceased's family applies for a waiver and wishes
to address the Coroner in person, the Coroner sees
the family in chambers, and then decides whether to
order an autopsy or a waiver.
If the Coroner decides that a reportable death should
be investigated, the police carry out the investigation
and submit a death investigation report to the Coroner.
The Coroner considers this report and decides whether
an inquest should be held, calling on expert opinion
where necessary.
The Coroner may issue a warrant of entry and search
in respect of any premises and place to search for
things which may be relevant to a death.
If the Coroner decides not to hold an inquest, properly
interested persons may request for a copy of the death
investigation report. |
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The Coroner may hold an inquest with a jury of five
or without a jury when a person dies
- suddenly
- by accident or violence
- under suspicious circumstances
- when the dead body of a person is found in or brought
into Hong Kong
An inquest must be held:
- when a person dies whilst in official custody,
for example, in a prison or a police cell (this inquest
must be held with a jury)
- upon the request of the Secretary for Justice
The Coroner may conduct a pre-inquest review to decide
how the inquest may be disposed of in a just and expeditious
manner. Pre-inquest reviews do not take place in open
court, but inquests are held in open court.
Summons will be issued to witnesses to attend the
inquest to give evidence and to produce documents. Legal
representation for a properly interested person is allowed.
Properly interested persons may upon payment of fees
obtain copies of witness statements, medical or other
technical reports.
The Duty Lawyer Scheme also provides legal representation to persons who are at risk of criminal prosecution as a result of giving incriminating evidence in the inquest.
In more complicated cases, the Coroner may request
the Secretary for Justice to assign Government Counsel
to assist him to hold the inquest. |
At the inquest, the Coroner and the jury should ascertain:
- the identity of the deceased
- how, when and where the deceased died
- the particulars required by the Births
and Deaths Registration Ordinance to be registered
concerning the death
- the conclusion as to the death
The proceedings of the inquest are as follows:
- the Coroner opens the inquest
- witnesses are called and examined by the Coroner's
Officer or Government Counsel, the jury, family members
of the deceased, properly interested persons, and
the Coroner
- the Coroner sums up the case
- the Coroner or the jury delivers the findings (typical
examples of findings are set out in Appendix
III)
The Coroner and jury are not allowed to frame a finding
in such a way as to appear to determine any question
of civil liability. Claims for civil liabilities and
damages should be lodged and heard in the civil law
courts.
Recommendations may be made if they are designed to
prevent the recurrence of similar fatalities, for instance
deaths in industrial accidents, to prevent other hazards
to life disclosed by evidence at the inquest, or to
bring deficiencies in a system or method of work to
the attention of a person who may have power to take
appropriate action.
The Coroner must adjourn an inquest and refer the
matter to the Secretary for Justice where it appears
that a criminal offence of murder, manslaughter, infanticide
or death by dangerous driving may have been committed
by any person. An inquest cannot be resumed until the
criminal proceedings are finished. |
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Properly interested persons or the Secretary for Justice
may apply to the Court of First Instance of the High
Court for an inquest to be held into a death including,
where an inquest has already been held, a new inquest
into that death. The jury who served in the first inquest
will also serve as the jury for the re-opened inquest.
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The Coroner may also issue a certificate of the fact
of death. This is in effect an interim document certifying
the fact of death. The certificate of the fact of death
can be used, for example, to assist
in the transport of a dead body to another country
for
burial, in particular where the relevant authorities
of that country require official documentation that
the deceased did not die from an infectious disease.
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The Coroner's Court will
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as soon as practicable
upon the receipt of an application |
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- grant an exhumation order
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- grant an order to remove a dead body outside
Hong Kong
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- grant a waiver of autopsy
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- issue a certificate of fact of death
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10 days after receipt of the post-mortem report |
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42 days from the date of the Coroner's decision
to hold an inquest |
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| Monday to Friday |
9:00 a.m. to 1:00 p.m. |
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2:00 p.m. to 5:00 p.m. |
| Saturday |
9:00 a.m. to 12:00 noon |
| (Closed on Sundays and Public Holidays) |
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- Death the medical cause of which is uncertain
- Medically unattended within 14 days prior to the
death, except where the person was diagnosed as having
a terminal illness before his/her death
- Death caused by an accident or injury
- Death caused by a crime or suspected crime
- Death caused by an anaesthetic or the deceased was
under the influence of a general anaesthetic or which
occurred within 24 hours after the administering of
a general anaesthetic
- Death caused by an operation or which occurred
within 48 hours after a major operation
- Death caused by an occupational disease or which
is directly/indirectly connected with the person's
present/previous occupation
- Still birth
- Death of a woman which occurred within 30 days after
the birth of her child/an abortion/a miscarriage
- Death caused by septicaemia with unknown primary
cause
- Suicide
- Death in official custody
- Death occurred during discharge of duty of an officer
having statutory powers of arrest or detention
- Death in the premises of a Government department,
any public officer of which has statutory powers of
arrest or detention
- Death of certain mental patients (as defined by
law) in a hospital or in a mental hospital
- Death in private care premises
- Death caused by homicide
- Death caused by administering of a drug or a poison
- Death caused by ill-treatment, starvation or neglect
- Death which occurred outside Hong Kong where the
body of the person is brought into Hong Kong
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| Person Responsible for Reporting
Death |
Report made to |
| The registered medical practitioner who signed
the certificate of the cause of death or attended
the deceased during his/her last illness |
Coroner with a copy to the Commissioner
of Police at the same time |
| The person in charge of a hospital, or another
person authorized in writing by the person so in
charge |
Coroner with a copy to the Commissioner of Police
at the same time |
| Any person (except a police officer) exercising
the duty of official custody |
Coroner via the Commissioner of Police |
| Any police officer exercising the duty of official
custody |
Coroner |
| Any person in charge of a premises of a Government
Department (other than the police force) |
Coroner via the Commissioner of Police |
| Any person in charge of a premises
of the police force |
Coroner |
| The head of any department of the Government which
receives a statutory notice in respect of any reportable
death |
Coroner |
| Any police officer |
Coroner |
| The Registrar of Births and Deaths |
Coroner |
| Any registered medical practitioner
seeking the consent of a coroner under Medical (Therapy,
Education and Research) Ordinance in relation to
the body of the deceased |
Coroner |
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| Finding |
Example |
| Natural causes |
An illness such as cancer or a heart attack |
| Occupational disease |
A disease arising from an occupation, e.g. asbestosis |
| Dependence on drugs / non-dependent abuse of drugs |
An overdose of narcotic drugs or
other medication |
| Want of attention at birth |
Death as a result of insufficient care being given
to a child at birth |
| Suicide |
Jumping from high rise building |
| Attempted / self-induced abortion |
Death resulting from an abortion or an attempt
to abort a child |
| Accident |
Death resulting from an unexpected
or untoward event, e.g. a traffic accident or a
fall at work |
| Misadventure |
Where an act that is lawful but that
has an unexpected consequence has caused the death |
| Lawful killing |
Death as a result of police use of
firearms to prevent injury to a person or self defence |
| Unlawful killing |
Murder or manslaughter |
| Stillbirth |
The death of a foetus prior to birth |
| Open verdict |
This finding is made if the evidence is not sufficient
for any other finding to be made |
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