XN000022-1996-07-10 — Page 69

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AG's exercise of power under Coroners Ordinance

Following is a question by the Hon James To Kun-sun and a written reply by the Attorney General, the Hon Jeremy Mathews, in the Legislative Council today (Wednesday):

Question:

Under Section 8 of the Coroners Ordinance, a coroner shall hold an inquiry into the cause of the death of any person when required by the Attorney General. In this connection, will the Government inform this Council of:

(a)

(b)

the total number of cases in which the coroner was required by the Attorney General to hold such inquiries in the past five years; and

the criteria on which such a request by the Attorney General is based?

Reply:

Mr President,

Section 8 of the Coroners Ordinance provides that 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. The Attorney General has not exercised his power under section 8 during the past 5 years.

There are no statutory criteria relating to the exercise of the Attorney General's power under section 8 of the Coroners Ordinance. In deciding whether to require that an inquiry be held in respect of the death of a particular person, an Attorney General would consider whether

(a)

(b)

a coroner had refused or neglected to hold an inquiry in circumstances where he was obliged to hold one; or

there were other circumstances that indicated that it would be in the public interest to order an inquiry.

End