XN000022-1985-05-29 — Page 6

WEDNESDAY, MAY 29, 1995

SUB-COMMITTEE TO REPORT ON CORONERS' FUNCTIONS

******

A LAW REFORM COMMISSION SUB-COMMITTEE, CHAIRED BY DR THE HON HENRIETTA IP, IS EXPECTED TO REPORT TO THE COMMISSION THIS AUTUMN ON THE MATTER OF DEATH CERTIFICATION AND CORONERS' FUNCTIONS AND PROCEDURES.

THIS WAS STATED TODAY BY THE ATTORNEY GENERAL, THE HON MICHAEL THOMAS, IN REPLY TO A QUESTION FROM DR THE HON HARRY FANG ON THE PROGRESS OF IMPLEMENTATION OF THE CONS REPORT ON CORONERS' POWERS AND PROCEDURES.

GIVING THE BACKGROUND TO THE CONS REPORT, MR THOMAS SAID A WORKING GROUP, CHAIRED BY MR JUSTICE CONS, HAD BEEN APPOINTED BY THE CHIEF JUSTICE IN 1979 TO REVIEW THE WORKING OF THE CORONERS' ORDINANCE AND TO MAKE SUCH RECOMMENDATIONS FOR AMENDMENT TO THE ORDINANCE OR TO PRACTICE AS IT DEEMED DESIRABLE.

HE SAID THE WORKING GROUP HAD MADE EIGHT RECOMMENDATIONS IN JANUARY 1980. THE FIVE WHICH REQUIRED LEGISLATION HAD BEEN IMPLEMENTED BY THE CORONERS (AMENDMENT) ORDINANCE ASSENTED TO BY THE GOVERNOR ON JULY 24, 1980.

TWO OTHER RECOMMENDATIONS, MR THOMAS POINTED OUT, HAD BEEN IMPLEMENTED ADMINISTRATIVELY.

THESE RESULTED IN THE APPOINTMENT FOR THE FIRST TIME OF TWO FULL-TIME CORONERS IN NOVEMBER 1980 AND THE TURNING OF LEGAL. REPRESENTATION OF THE CORONERS' OFFICE BY CROWN COUNSEL INTO A REGULAR FEATURE OF INQUESTS IN THE SAME YEAR.

MR THOMAS SAID THE LAST RECOMMENDATION HAD PROPOSED NO CHANGE TO THE LAW AND PRACTICE RELATING TO THE ISSUE OF DEATH CERTIFICATES OR THE NOTIFICATION OF DEATH TO THE CORONER,

+NONETHELESS A NUMBER OF CRITICISMS OF THE LAW, PRACTICE AND PROCEDURES RELATING TO THE CERTIFICATION OF DEATH AND THE INVESTIGATION OF THE CAUSES OF DEATH WERE MADE SUBSEQUENTLY BY LAWYERS APPEARING FOR INTERESTED PARTIES AT DEATH INQUIRIES AND SEPARATELY BY A FORMER HONG KONG CORONER (MR JOHN HANSEN).

AS A RESULT, +THOSE CRITICISMS WERE BROUGHT TO MY ATTENTION. AND IN THE LIGHT OF MY OWN THOUGHTS UPON EXISTING ARRANGEMENTS, A BACKGROUND AND ISSUES PAPER WAS PREPARED IN MY CHAMBERS,+ HE SAID.

IN APRIL 1984, THE CHIEF JUSTICE AND HE HAD DECIDED TO REFER THE MATTER OF DEATH CERTIFICATION AND CORONERS' FUNCTIONS AND PROCEDURES TO THE LAW REFORM COMMISSION UNDER WIDE TERMS OF REFERENCE, MR THOMAS SAID.

THE LAW REFORM COMMISSION SUB-COMMITTEE, CHAIRED BY DR THE HON HENRIETTA IP, HAD BEEN HARD AT WORK SINCE JUNE LAST YEAR, AND WAS EXPECTED TO REPORT TO THE COMMISSION THIS AUTUMN, MR THOMAS SAID.

15