uniform statutory action for loss of society and service.
12. Under the Employees' Compensation Ordinance, Chapter 282, if death results from an injury by accident arising out of and in the cause of employment, the employer is liable to pay compensation to the dependants of the employee. Even if it is proved that the injury is attributable to the serious and wilful misconduct of that employee, the Court on consideration of all the circumstances may award the compensation or such part thereof as it thinks fit.
13. Under the Coroners Ordinance, Chapter 14, whenever any person dies suddenly, or by accident or violence. or under suspicious circumstances, or whenever the dead body of any person is found in Hong Kong or is brought into Hong Kong, a coroner, with or without a jury, may hold an inquiry and determine the cause of the death, if he considers that it is necessary. Whenever any person dies whilst in official custody. a coroner has to inquire into the cause of death as soon as practicable. It is not uncommon that criminal and/or civil proceedings are taken following a coroner's verdict.
Paragraph 2
14. Within 24 hours after execution following sentence of death a coroner has to inquire into and ascertain the identity of the body and the cause of death and whether judgement of death was duly executed according to law.
Paragraph 3
15.
As in United Kingdom, there is no statutory definition of murder. This offence is one requiring specific intent, ie an intention to kill any person. or an intention to do an act knowing that it is highly probable that it will result in the death of any person or intention to cause grievous bodily harm to any person or an intention to do an act knowing that it is highly probable that it will cause grievous bodily harm to any person. Recklessness is not
a sufficient mental element for the offence
Paragraph 4
16. Under Article XV of the Letters Patent from Her Majesty to the Governor of Hong Kong, the Governor may grant a pardon or commutation of sentence to a condemned prisoner in the exercise of the prerogative of mercy. No death sentences have been carried out since 1966 all having been commuted.
Article 7
17. In 1978, the Court of Appeal laid down general guidelines in respect of corporal punishment. It is not now generally imposed unless there are circumstances of special aggravation for example violence indicating a high degree of callousness or where long terms of imprisonment on a particular defendant have proved ineffective In 1986 corporal punishment was imposed in only eight cases and there is no indication that this number is likely to increase
}