THE HONG KONG GOVERNMENT GAZETTE, AUGUST 24, 1934.
5. Section 8 of the Coroner's Abolition Ordinance, 1888, Substitution is repealed, and the following section is substituted therefor :-
for Ordin- ance No. 5
of 1888, S. 8.
in prison. (cf. 31 &
8.-(1) Whenever judgment of death is executed on any Executions offender, the magistrate shall, within twenty four hours after and deaths the execution (or forty eight hours if a public or general holiday intervenes in respect of which the magistrates are not 32 Vict. exempted from the operation of the Holidays Ordinance, c. 24, s. 5.) 1912), with a jury of three persons as hereinafter Ordinance provided, inquire into and ascertain the identity of the body 1912. and the cause of death, and whether judgment of death was duly executed on the offender.
(2) Whenever any prisoner dies in prison, the magistrate shall, with a jury of three persons as hereinafter provided, as soon as practicable inquire into the cause of death,
(3) At any inquiry under this section the magistrate shall view the body but it shall not be necessary for the jury to view the body unless it appears to the magistrate or to the greater number of the jurors expedient that the jury should do so.
No. 5 of
(cf. 50 & 51 Vict. c. 71, $ 3.)
6. Section 12 of the Coroner's Abolition Ordinance, Amendment 1888, is amended:
(a) by the deletion of the words "of jury" in the marginal note thereto, and
(b) by the addition of the following sub-section at the end thereof:-
(3) At every inquiry without a jury the magistrate shall record his finding on the evidence.
of Ordin- ance No. 5 of 1888, s. 12.
7. Section 13 of the Coroner's Abolition Ordinance, 1888, Additions is amended as follows:-
(a) The section is re-numbered as sub-section (1) thereof,
and
to Ordin- ance No. 5 of 1888, s. 13.
667
(b) The following sub-sections are added:-
(2) The magistrate shall, in the absence of reason to the contrary, adjourn an inquiry if, before the close of the (cf. 16 inquiry, any person has been charged before him or some other & 17 magistrate with the murder or manslaughter of the person c. 30, whose death is the subject of the inquiry.
Geo. 5
s. 20 (1)).
c. 30,
(3) Whenever the magistrate resumes an inquiry which has been adjourned in accordance with the provisions of sub- sections (1) or (2), and the jury has been discharged and a new (cf. 16 & jury empanelled, the magistrate shall proceed in all respects 17 Geo. 5 as if the inquiry had not previously been begun, and the pro- s. 20 (3)). visions of this Ordinance shall apply accordingly as if the resumed inquiry were a fresh inquiry: Provided that the de- position 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) If the inquiry resumed as aforesaid is an inquiry by the magistrate without a jury, or with the jury empanelled at the original inquiry, the magistrate may proceed at the resumed inquiry as if the inquiry had not been adjourned.