1967-HKRS28-8-34_Part03 — Page 30

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(C. 30)

(Cap. 116)

Appointment of coroner,

(Cap. 227)

Place for post-mortem examination.

Preliminary examination of body.

"official custody" means detention-

(a) in the custody of a police officer or officer of the Prisons

Department; or

(b) in any reformatory school or remand home under the management, control or administration of the Director of Social Welfare in consequence of any detention or com. mittal order; or

(c) in any place of refuge under paragraph (a) of subsection (1) of section 35 of the Protection of Women and Juveniles Ordinance; or

(d) in a mental hospital under Part IV of the Mental Health

Ordinance.

3. (1) The Governor may by warramt under his band appoint a coroner or coroners and every such appointment shall be notified in the Gazette.

(2) The Chief Justice may appoint in writing a magistrate appointed under section 5 of the Magistrates Ordinance to exercise all the jurisdiction, powers and duties conferred on a coroner under any law

(a) where the office of a coroner is vacant by death or other-

wise, until such time as an appointment be made; or

(b) in the case of the illness or absence of a coroner, until such time as the coroner resumes his duties as coroner;

or

(c) for a particular inquiry, where, in the opinion of the Chief Justice, it is inexpedient for a coroner to perform his duties at such inquiry.

4. (1) The Governor may by order set apart, suitable places for the reception of dead bodies for the purpose of post-mortem examination and provide for the management of such places.

(2) A coroner may order the removal of any dead body to and from any such place for the purpose of any post-mortem examination, and may order the cost of the removal to be a charge on the general revenus of the Colony.

5. (1) Whenever a dead body is brought to a hospital, the medical officer in charge of the hospital or such other Government medical officer or registered medical practitioner as he may depur shall make a preliminary external examination of the body and report in writing to a coroner, who may, if he considers it neces- sary, order a post-mortem examination.

(2) The medical officer who makes the post-mortem examina- tion shall report on the cause of death to the coroner who ordered the post-mortem examination.

Inquiry into cause of sudden or violent

6. (1) Whenever any person dies suddenly, or by accident or violence, or under suspicious circumstances, or whenever the dead body of any person is found within the Colony or is brought death, clc. into the Colony, a coroner may, if he considers that an inquiry is necessary, inquire into the cause of and the circumstances con- nacted with the death of such person, with or without a view of the body as he may think fit, and may determine the cause of death. (2) A coroner may hold an inquiry under this section without a jury or, if he thinks fit, with a jury of three persons as berein- after provided.

(3) Such inquiry may be held notwithstanding that the cause of death did not arise within the Colony.

(4) Before deciding to hold an inquiry under this section the coroner may, if he considers it necessary, order a post-mortem examination.

(5) If a coroner considers that an inquiry is not necessary, he shall forthwith forward to the Attorney General all papers, docu- ments and other evidence relating to such death which he bas considered.

7. (1) Whenever judgment of death is executed on any offender, a coroner shall within twenty-four hours after the execu- tion (or forty-eight hours if a general holiday intervenes in respect of which the coroner is not exempted from the operation of the Holidays Ordinance) inquire into and ascertain the identity of the body and the cause of death, and whether judgment of death was duly executed on the offender.

(2) Whenever any person dies whilst in official custody, a coroner shall as soon as practicable inquire into the cause of death.

(3) A coroner shall hold an inquiry under this section with a jury of three persons as hereinafter provided.

$. A coroner shall when required by the Attorney General hold an inquiry into the cause of and the circumstances connected with the death of any person.

9. A coroner may, notwithstanding that he considers that an inquiry is necessary, order any body to be buried or cremated and he shall in such case give a certificate of his order in the form prescribed for the purposes of the proviso to subsection (1) of section 17 of the Births and Deaths Registration Ordinance.

Exccutions and deaths in prison, elc.

(CM 149.)

Power to Attorney General to require inquiry.

Power of coroner to make burial or cremation order.

(Cap. 174)