THE HONGKONG TELEGRAPH. TUESDAY, MARCH
POWERS OF CORONERS: SWEEPING
SUICIDE VERDICTS MAY
BE ABOLISHED
HONGKONG REPERCUSSIONS
Far-reaching changes in the powers of coroners and in the procedure in coroners' courts, which may have repercussions in Hongkong, are recommended in the re- port of the Departmental Committee set up by the Home Secretary, under Lord Wright, now Master of the Rolls, which was published in London this month.
Changes proposed include:
Elimination of the element of "trial" from coroners' inquests, including civil as well as criminal liability.
Obligatory adherence to the rules of evidence where questions of criminality are involved.
Abolition of the verdicts "Suicide while of unsound mind”) and "Felo de se,” and substitution of "Deceased died by his own hand," consideration of the state of mind of the deceased to be removed from the field of inquiry.
Prohibition of Press reports of suicide inquests, although inquests should be in public, as at present.
Appointment of soliciters and barristers only to coronerships, not that of doctors as such; and the
Setting up of a Statutory "Rules Committee" and of a similar "Disciplinary Committee."
The report of the. Committee is unanimous, apart from Mr. W. Rutley Mowll, the sole coroner on it, who submits a minority report.
Emphasis is laid in the main in dealing with irrelevant issues report both on the genuineness of raised by interested parties and popular criticisms in regard to would restrain the tendency showr "murder inquests" and theby some coroners to examine is almost insoluble nature theca which are outside the proper problem which, in the present scope of the inquest." state of the law, confronts coron- era in such cases.
on
of
con
The desire' of insurance panies to obtain a ruling in the On the other hand, it is slated coroner's court as to the liability that the weight of the evidence of two or more malorists in cases heard was in favour of the utility of street accidents in specifically
on the whole, of the system of mentioned in this connection. investigation conducted by coron- ers, such evidence coming the most varied interests.
from
res
The possibility of introducing. instead, the Scottish system of the procurator fiscal's inquiry is jected on the ground of the im-1 probability of a system of public rosecution being established in this country in the near future. Unnecessary Inquests
The prohibition af verdicts, or riders to verdicts, which ex- press censure or exoneration is also recommended. This, how ever, should not extend to re- commendations of a general character designed to prevent further fatalitles,
Discussing "marter inquests," the Committee thas decribes what may happen under the present Other recommendations are that system: "The suspect is sub- not Coroners should have discretion to poenaed to attend. He may dispense with the holding of an in know by whom or on what grounds quest cases of death due to "simple accident," as also. lit cares what is in truth a charge is being Though the fletion is of death under an anaesthetic or made.
maintained that it is not a trial) during an operation;
Inquesta should be held in all but an investigation, the evidence make n CRHO cases in which there is reasonable may be built up lo ground for believing that death is against him, sometimes when he due to an industrial disease, includ- is not even present throughout ing illness or disense resulting the inquest. He is eventually call! from the nature of a processed as a witness on the subpoena und operation in which the deceased has questions are put to him. : nt some time been employed";
Post-mortem examinations-order- Eliciting Gullt ed by coroners should, save In ex- ceptional cases, be made by patho- logists on a list to be kept by the Home Office;
"However the matter is dis- guised, the real object of these questions is to elicit his guilt, yet The status of coroners' juries there may be nothing which would should be raised by the drawing of amount to a prime facic case auch juries from the Jury List, two against him." women being included on each jury. A detailed discussion follows of In this connection it is stated the recent South Dorset Inquest that in various places the coron-on a man of 86, who was found er's officer has still, in practice, with his head against a coal fire, regular body of man who are from having apparently fallen Local time to time summoned to act auspicion was alleged to have jurora; and that, according to fallon on a young married woman. the Committee, the coroner's jury Mrs. Jackson, who had been look was in one town regularly coning after him. stituted of the inmates of a work- house.
Production Of Records
It is also ticommended
"So far as we can judge," the Committee states, "the proceedings beyond question took the form of that a trial, though the Coroner stated that it was simply an investigation
steps should be taken to provide
better mortuaries; that coroners should have discretion as to tho
ens' records should be kept and be
Into the facts.
available.
MISS SIAM
1936
Even Siam has chosen its Queen of Beauty, pictured above. "Miss Siam 1936" is an 18-year lans and could probably pass the beauty tests of any Jand.
familiar Anding "suleide while of unsound mind" has its origin ini the time when a verdict of "fele de se" involved the forfeiting of
property to the Crown and other penalties. An "unsound mind" verdict is described as irreconel- able with any accepted view of the meaning of this term, "almost in the nature of a dishonest verdict," not to be relied upon in regard to insurance questions, and as posing relatives to the stigma of insanity.
EX-
Evidence advocating restrictions on the reports of suicide inquests, In greater or less degree, was pre- sented to the committee by the Director of Public Prosecutions, Sir Ernley Blackwell, Sir Bernard Spilsbury, Sir William Willcox, Dr. Roche Lynch, Chief Constables, Tradca representatives of the Union Congress, the Coroners' Society and the National Council of Mental Hygiene.
This evidence related to anguish of the family, particularly from the publication of letters, and to the danger of "imitative suteldes" among other paints. Dr. Roche Lyneh urged the special danger of publishing the poison used."
"It is a matter of common know-
ledge," the report states, "which nont of our witnesses disputed, that a suicide in which some parti cular means is adopted is fre quently followed by n chain of similar suicidos."
Evidence was also presented by representatives of the Newspaper -Society-and-the-Newspaper Pro
prietors Association.
"The general attitude which they adopted," it is stated, "was that the newspapers were justifial
::1936,
REFORMS
Irregular Marriages
In Scotland: Big Increase
Edinburgh, Feb. 10. "IRREGULAR" marriages were criticised here to-day at the first meeting of the committee Collins, recently appointed by Sir Godfrey Secretary for Scotland, to investigate the demand by churches and social bodies for changes in the marriage law of Scotland.
Lord Wark, the Scottish judge, expressed the opin- ion that methods of irregular marriage--those not per- formed by ministers of religion-which had been recognised in Scotland for some time, had many dis- advantages, and that some alteration was desirable.
this in
He thought that where parties exchanged consent to marry should be done before some official person, as was the case England.
His own experience and observation of irregular marriages had largely increased in recent years. Difficulties were constantly arising from these matches.
At present interchange of matrimonial consent might be Inferred from cohabitation or repute, ACCEPTING ONE ANOTHER
If a man and woman mutually and seriously declared that they accepted one another as husband and wife, that constituted in Scotland a valid marriage.
The declaration might be in writing or verbal.
Lord Morison, referring to the various forms of consent, said he remembered one case where a man handed his card to a woman, adding "Mr." in front of his own name, and telling her' "That will show you who you how are.”
cases
Lord Wark agreed with Lord Morison that in many there had been grave difficulty in proving marriage constituted by declaration.
Questioned as to the business carried on by marriage agents in Scotland, Lord Wark expressed the opinion that while this was, a perfectly legal operation, he thought it required some form of supervisión,
Mr. Donald E. Jack, who appeared on behalf of two firms of marriage agents in Edinburgh who arrange for marriage of per- sons by declaration, informed the committee that the average number of marriages carried through by the largest firm in the city in the last five years was 477, while the other firm who arranged marriages averaged 196 marriages a year.
Replying to a question by Mrs. with a person with whom he or would be advisable to make it courts to have committed miscon- Tom Johnston as to whether it she had been declared by the necessary for parents to consent duct. to marringo where one or other of the parties was under age, Lord Wark said he did not see that there should be consent
by parents,
He said it was a question whether this statute was yet in disuse and observed that in every case In modern practice the decree, so that it had ceased the paramour was unnamed in to be of practical effect.
He saw no reason for altera- tion-of-the-law. In that respect,
According to the common law of adding, "A person of 16 Is per fectly capable of determining Scotland, the age of capacity for with whom he or she aball live." marriage was fixed at twelve years The law of Scotland prescribed for females and fourteen for In publishing information which no form of celebration of mar- males. The rule concerning the publicly revealed in coroner's ringe, but, in recent times there ago of consent was derived from court. The representatives of the had been a number of prosecutions the law of Rome. Newspaper Proprietors Associa- for perjury, particularly with re- tion mentioned, however, that the gard to the 21-days residential Association had circulated to its qualification. members a letter received from
er dramatic way.""
Freedom Of The Press
In doubtful cases, the pro-l It seemed curious that the ques cedure favoured is that the tion of whether the parties were Press should be prohibited from married or not should depend on publishing any report until the contentions they chose to put verdict has been returned.
forward.
It was also a strange anomaly in their law that a woman might bring an action of declarator of Ban On Co-respondents. marriage an exclusively Scottish the National Council for Mental
Laird Wark also referred to the form of action in which the courts Hygiene, asking that newspapers Scottish Act of 1600, by which are called on to decide whether a should refrain from treating the
marriage was declared null if couple are married. or not] and да action .for subject of auicides in a detailed contracted by a divorced spouse alternatively
damages for soduction. If she the Press of the proceedings at in- failed in the one action she might quests on suicides should be succeed in the other.
On the other hand, it had ro- The report proceeds: "We have Imited to a statement of the name the greatest reluctance to pro- and address of the deceased and cently been held that where a res of the verdlet that the deceased woman brought an action of seduc- pose anything which would "We do not think that a charge trict the freedom of the Press. To died by his own hand. This tion and the man pleaded that of this character (because, in
matter imitation should be made obliga-they were married, that was an
Incompetent defence. viewing of the body; that coron-truth it was clear to everyong that uphold that freedom is a
of the highest public importance tory by statute." producible on payment of a fee, Mrs. Jackson was being charged and it should be jealously guarded. with murder) could have proceed-
"Nevertheless, in this partieu- that, as a general policy, the merged far on the evidence that was ing of relatively small jurisdictions
lar matter, wo have reached the Yet the Inquest conclusion that the publication in should be encouraged; and that coroners should be specifically dla proceedings lasted for seven days: qualified from acting as solicitors and Mrs. Jackson was under cross. in matters which have been the examination for three days. In- was given subject of investigation by them at admissible evidence
against her." inquests.
Elimination of the "trial" clo- Discussing cases of this type, mont in inquesta involves a num-admittedly few in number, the ber of specific proposals.
Committee comments that "as the Coroner is The Act of 1887 should be law now stands, the amended, it is urged, so as to re faced with an almost insoluble on the one hand he move from the duties of coroners problem if that of inquiring, in cases of feels obliged, by the statutory pro murder or manslaughter, into the vision under which he nets, to identity of the individuals res. press to the utmost limit the ponsible or accessory before the examination of a suspected person, fact,
and if on the other hand ho tries The coroner should no longer to give effect to those rules which, have the power to commit any according to the tradition of the person for trial on the inquisi-English common law, are essential tion on a charge of murder, munto a fair treatment of a suspected Blaughter, or infanticide; and person."
the inquisition should not name Press Protosts any person as guilty of any one of these offences.
Where a person is suspected of having caused the death he should not be called and put on oath un: less ho so dasiros, and should not be cross-examined. In addition,
The Press, in such instances,
It is added, by their almost unanimous protests, have voleed, as they so often do," the Ben- tments of the community nt large...
as already stated, the laws of Thore may be the further draw- evidence should be followed., back, it is suggested, in motoring With regard to questions of casen particularly, that the police civil liability, a declaratory pro-may feel their hands to be tied, vision of law is recommended that from the point of view of subse- coroners are not concerned with|quent proceedings,
the
Coroner's verdiót. -
such issues,
Thin,” it "de stated, woulit With regard to suicide verdicts, gthen the hands of coroners the report explains that the
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