1969-HKRS30-8-59_Part06 — Page 36

2

Citation.

Interpretation.

(Cap. 14L)

Post-mortem examinations

to be made

as 5000 29

reasonably practicable.

Matters to be considered in selecting

person to make post-mortem

examination.

CORONERS ORDINANCE.

(Chapter 14).

CORONERS RULES 1969.

In exercise of the powers conferred by section 22 of the Coroners Ordinance, the Chief Justice hereby makes the following rules-

1. These rules may be cited as the Coroners Rules 1969.

2. In these rules, unless the context otherwise requires-

"coroner" means a person appointed as such under section 3 of

the Ordinance;

"deceased” means a person whose death is reported to the coroner, whether or not a post-mortem examination is ordered or an inquiry is held by the coroner:

"post-mortem examination" means a post-mortem examínation which is ordered by a coroner to be made under section 5 or section 6 of the Ordinance;

"registered medical practitioner" means a person who is registered or is deemed to be so registered under the Medical Registra- tion Ordinance.

POST-MORTEM EXAMINATIONS.

3. If a coroner orders that a post-mortem examination shall be made, it shall be made as soon after the death of the deceased as is reasonably practicable.

4. In considering what registered medical practitioner shall be ordered to make post-mortem examination the coroner shall have regard to the following considerations--

(a) the post-mortem examination should be made, whenever practicable, by a pathologist with suitable qualifications and experience and having access to laboratory facilities; (b) if the coroner is informed by the Commissioner of Police that a person may be charged with the murder, manslaughter or infanticide of the deceased, the coroner should consult the Commissioner of Police regarding the registered medical practitioner who is to make the post- mortem examination;

(c) if the deceased died in a hospital, the coroner should not order a pathologist on the staff of, or associated with. that hospital to make a post-mortem examination

if-

(i) that pathologist does not desire to make the examination; or

(i) the conduct of any member of the hospital staff is likely to be called in question; or

(i) any relative of the deceased asks the coroner that the examination be not made by such a pathologist, unless the obtaining of another pathologist with suitable qualifications and experience would cause the examina- tion to be unduly delayed.

(1) If a coroner orders a registered medical practitioner to make a post-mortem examination, the coroner shall inform the persons and bodies set out in paragraph (2) of this rule of the date, hour and place at which the examination will be made, unless it is impracticable to inform such persons or bodies or to do so would cause the examination to be unduly delayed.

(2) The persons and bodies to be informed by the coroner are as follows-

(a) any relative of the deceased who has notified the coroner of his desire to attend, or be represented at, the post- mortem examination;

(b) the deceased's regular medical practitioner:

(c) if the deceased died in hospital, the hospital;

(d) any government department which has notified the coroner of its desire to be represented at the examina- tion:

(e) if the Commissioner of Police has notified the coroner of his desire to be represented at the examination, the Commissioner of Police or some other police officer representing him;

( if the death of the deceased may have been caused by any accident of which notice is required by any Ordin- ance to be given to any person appointed under that Ordinance, the person to whom such notice has been, or is to be, given.

(3) Any person or body as aforesaid shall be entitled to be represented at a post-mortem examination by a registered medical practitioner, or if any such person is a registered medical practitioner he shall be entitled to attend the examination in person.

Persons and bodies who may be informed as to a post- mortem examination.