1980-HKRS28-16-28_Part03 — Page 42

Amerriment of second

Amcadment of vection 1L

Addikom of new sedond 12A pad 128.

Amendment of section 19.

"0) The Govendor may appoint such number of coroners as he considers necessary.

(LA) No person shall be appointed to be a coroner unless he is qualified to practise as a barrister, solicitor or advocate in a court in Hong Kong, England, Scotland, Northern Ireland, or some other part of the Commonwealth, or the Republic of Ireland, having unlimited jurisdiction either in civil or criminal matters.".

Section 6(5) of the principal Ordinacce is amended by deleting "forthwith" and substituting the following

"upon the request of the Attorney General”.

5. Section 11 of the principal Ordinance is "amended by deleting subsection (4) and substituting the following-

||

"14) Any juror who, having been served with a summons in accordance with this section fails, without reasonable excuse, 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 x fing of $3,000,".

6.

The principal Ordinance (**amended by adding after section 12 the following-

Discharge

of Juror.

Early AZNUDGES.

12A. (1) A coroder may at any time during an inquiry discbaręs & juror—

(a) where, in the interests of justice, it appears to the

corper expedient to do so; DI

(b) in the interests of the juror.

(2) In the event of the death or discharge by a coroner under subsection (1) of a juror during an inquiry, the inquiry shall be proceeded with in a like manner as if the full number of jurors had continued on the jury.

(3) Where a member of a jury is discharged by a coroner under subsection (1) or dies

(a) subject to paragraph (56), the jury shall be con- sidered as remaining properly constituted for all the purposes of the inquiry; and

(b) if the coroner considers it in the interests of justice to do so, he may discharge the remaining jurots and order a freak' inquity to be held.

128. (1) In the event of any of the jurors, after reasonable consultation, dissenting from the residue, the verdict of a majority shall be taken to be the verdict of the jury.

(2) If in any inquiry it seems for any cause to be desirable the coroner may direct the jury to consider their verdict further."",

7. Section 19 of the principal Ordinance is amended by deleting "As soon as practicable after the conclusion of an inquiry" and substituting the following

"If, after the conclusion of an inquiry, the Attorney General so requesta,

A

1. The First Schedule to the Judicial Service Commission Ordinance Amendintor of is amended by inserting after "District Judge the following-

1980.

"Coroner".

Passed by the Hong Kong Legislative Council this 23rd day of July

Clerk the Legislative Council.

This printed impression has been carefully compared by me with the bill, and is found by me to be a que and correctly printed copy of the sold bill,

Clerk to the Ligisiyle Council.

Firm Schedule to Jurical Service Commbulo Ordinance.

(ap. 923