1967-HKRS29-8-34_Part03 — Page 31

Panel for jury.

(CD 1)

Summoning of juror's

Procedure with jury.

Recording of finding

10. (1) Whenever the Registrar of the Supreme Court is notified by a coroner that an inquiry is to be held with a jury, he shall draw either from the common jurors ballot box or from the special jurors ballot box, as the coroner may direct, the names of six jurors to form a panel and shall transmit such panel to the

coroner.

(2) The provisions of the Jury Ordinance shall, so far as they are applicable, apply to the drawing of the names of the jurors under subsection (1).

11. (1) Every juror whose name is drawn under subsection (I) of section 10 shall be served with a summons in the prescribed form, requiring the attendance of the jurors drawn.

(2) Every such summons shall be served either personally or by leaving the same at the juror's residence or place of business, or by sending the same by registered post addressed to such juror at his residence or place of business:

Provided that if any such summons be not served personally it shall be served four clear days before the day appointed for the holding of the inquiry, and, in the case of service by post, an additional two clear days shall be allowed for delivery.

(3) A summons served by post under the provisions of sub- section (2) and not returned as undelivered shall, in the absence of evidence to the contrary, be deemed to have been duly served.

(4) Any juror who, having been served with a summons in accordance with this section, fails to attend an inquiry pursuant to such summons or at any adjournment of an inquiry shall be guilty of an offence and shall be liable to a fine of five hundred dollars.

(5) The coroner shall select the three jurors required from the panel by ballot, and may, if necessary, require any fit and proper person or bystander to serve as a juror, provided that such person or bystander is not exempted from jury service by section 5 of the Jury Ordinance.

(6) The finding of the majority of the jurors shall be the anding of the jury.

12. The jury shall be sworn or declared in the prescribed form and the oath may be administered to or the declaration made by two or more jurors at once.

13. (1) At the conclusion of an inquiry the coroner shall record in writing his finding or the finding of the jury and in a case where there is a jury each member thereof shall sign the finding.

(2) Whenever an inquiry is made under subsection (2) of section 7 into the death of a person dying in official custody, the coroner shall furnish to the person in whose custody such person died a copy of the finding of the jury signed by him and the jurors.

14. (1) A coroner may adjourn any inquiry either to a fixed date or to a date to be fixed subsequently, and may, if he con- siders it necessary, use the same jury when the inquiry is sub- sequently held or resumed.

(2) A coroner shall adjourn an inquiry if, before the close of the inquiry, any person has been charged before a magistrate with the murder, manslaughter or infanticide of the person whose death is the subject of the inquiry or with dangerous driving causing the death of such person.

(3) Whenever a new jury is empanelled on the resumption of an inquiry which has been adjourned in accordance with subsection (1) or (2), the coroner shall proceed in all respects as if the inquiry had not previously begun, and this Ordinance shall apply accord- ingly as if the resumed inquiry were a new inquiry;

Provided that the deposition 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) Whenever a coroner resumes an inquiry which has been adjourned under subsection (1) or (2), being an inquiry by the coroner without a jury or with the jury empanelled at the original inquiry, the coroner may proceed at the resumed inquiry as if the inquiry had not been adjourned.

15. A coroner shall have in relation to the inquiries provided for in sections 6, 7 and 8 the same powers in all respects as a magistrate has under Part II of the Magistrates Ordinance.

16. (1) A coroner may, at the conclusion of an inquiry, issue his warrant in the prescribed form for the apprehension and com- mittal to prison of any person to be brought before a magistrate to be prosecuted according to law and he may bind over any witness who shall have been examined at the inquiry in a re- cognizance with or without surety to appear and give evidence on such prosecution:

Provided that no person who has been charged on indictment may be charged with any offence of which he could have been convicted on the indictment

(2) Any person committed to prison under subsection (1) shall, on application by himself or by his solicitor made on his behalf to the coroner's clerk-

(a) be furnished free of charge before his trial with one copy of the depositions and any documents which have been

Adjoucoment of inquiry.

Jel. 16 & 17 Geo. 5, 2. 59, K. 2001)

1st. 16 & 17 Gen. 4, c. 99, 1. 2003)

General powers of COTONET. (CRC, 287)

Power to issue warrant, etc.

(cf. 16 & 17 Geo. 5,

2. 59. * 2002). I

[Cap. 27. 1. B6(2), (3)