1936-03-03 — Page 15

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THE HONGKONG TELEGRAPH. TUESDAY, MARCH 3, 1936,

POWERS OF CORONERS: SWEEPING

SUICIDE VERDICTS MAY

BE ABOLISHED

HONGKONG REPERCUSSIONS

Far-reaching changes in the powers of coroners and in the procedure in coroners' courts, which may have repercussions in Hongkong, are recommended in the re- port of the Departmental Committee set up by the Home Secretary, under Lord Wright, now Master of the Rolls, which was published in London this month.

Changes proposed include:

Elimination of the element of "trial" from coroners' inquests, including civil as well as criminal liability.

Obligatory adherence to the rules of evidence where questions of criminality are involved.

Abolition of the verdicts "Suicide while of uasound mind”. and "Felo do se,” and substitution of "Doceased died by his own hand" consideration of the state of mind of the deceased to be removed from the field of inquiry.

Prohibition of Press reports of suicida inquests, although inquests should be in public, as at present.

Appointment of solicitors and barristers only to coronerships,| not that of doctors as such; and the

Setting up of a Statutory "Rules Committer" and of a similar "Disciplinary Committee."

The report of the Committee' is unanimous, apart from Mr. W. Rutley Mowll, the sole coroner on it, who submits a minority report.

Emphasis is laid in the main in dealing with irrelevant Issues report both on the genuineness of raised by Interested parties and; popular criticism in regard to would restrain the tendency shown "murder. Inquesta" and 4371 theby some euroners to examine is- almost insoluble nature of theses which are outside the proper problem which. in the present scope of the inquest." state of the law, confronts coron era in such cases,

On the other hand, it is stated that the weight of the evidence hoard was in favour of the utility, on the whole, of the system of investigation conducted by coron ors, such evidence coming

the most varied intervals,

from

The possibility of Introducing. instead, the Scottish system of the procurator fiscal's Inquiry is jected on the ground of the im probability of a system of public prosecution being established in this country in the near future. Unnecessary Inquests

Other recommendations are that Coroners should have discretion to dispense with the holding of an in- quent in cases of death the to simple accident," na also in cases of death under na anaesthetic or during an operation;

The desire of insurance pon.- jpanies to obtain a ruling in the coroner's court as to the liability of two or more motorists in cases of strect accidents is specifically mentioned in this connection.

verdicts,

The prohibition of or riders to verdicts, which ex- press censure or exoneration is also recommended. This, how- ever, should not extend to re- commendations of 21 general character designed to prevent further fatalities.

|

Discussing "morder inquests," the Committee thus dorribes what may happen under the present system: "The suspect is sub- pocnand to attend. He may not know by whom or on what grounds what is in truth a charge is being marle. Though the fiction is maintained that it is not a trial Inquests should be held in all but an investigation, the evidence cases in which there is reasonable may be built up to make a case ground for believing that death is against him, sometimes when he ing illnes ettere

due to an industrini disease, includin not even present throughout

or

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familiar fading "auicide while of unsound mind" has its origin in

the time when a verdict of "felo de se" Involved the forfeiting of property to the Crown and other. penalties. An "unsound mind” verdict is described as irreconci- able with any accepted view of the meaning of this term, "almost in the nature of a dishonest verdict,”; not to be relied upon in regard to insurance questions, and as posing relatives to the stigma of insanity,

Ex-

Evidence advocating restrictions on the reports of suleide inquests, in greater or less degree, was pre- sented to the committee by the Director of Public Prosecutions, Sir Eruley Blackwell, Slr Bernard Spilsbury, Sir William Willcox,. Dr. Reche Lynch. Chlef Constables,

the representatives of

Trades Union Congress, the Coroners* Society and the National Council of Mental Hygiene.

This evidence related to anguish of the family, particularly from the publication of letters, and to the danger of "imitative suicides" among other points. Dr. Roche Lynch urged the special danger of publishing the poison used.

similar suicides.”

"It is a matter of common know- edge," the report states, "which none of our witnesses, disputed, that a suicide in which some parti cular means is adopted is fre

chain of resulting the inquest. He is eventually calquently followed by a front the nature of a process red is a witness on the subpoena and operation la which the deceased has

questions are put to him. at some time been employed",

order. Post-mortem examinations i-by-corner- should, kave in ex- ceptional cases, be made by patho logists on a list to be kept by the Ilome Office;

Eliciting. Guilt

Evidence was also presented by: representatives of the Newspaper -Society and the Newspaper Pro- prietois-Association?

REFORMS

Irregular

Marriages

In Scotland:

Big Increase

Edinburgh, Feb. 10. "IRREGULAR" marriages were criticised here to-day at the first meeting of the committee recently appointed by Sir Godfrey Collins, Secretary for Scotland, to investigate the demand by churches and social bodies for changes in the marriage law of Scotland.

Lord Wark, the Scottish judge, expressed the opin- ion that methods of irregular marriage-those not per- formed by ministers of religion-which had been, recognised in Scotland for some time, had many dis. advantages, and that some alteration was desirable.

this

in

He thought that where parties exchanged consent to marry should be done before some official person, as was the case England.

His own experience and observation of irregular marriages had largely increased in recent yene. Difficulties were constantly arising from these matches,

At present interchange of matrimonial consent might be inferred from cohabitation or repute. ACCEPTING ONE ANOTHER

If a man and woman mutually and seriously declared that they accepted one another as husband and wife, that constituted in Scotland a valid marriage.

The declaration might be in writing or verbal.

Lord Morison, referring to the various forms of consent, said he remembered one case where a man handed his card to a woman, adding “Mrs.” in front of his own name, and telling her "That will show you who you now are."

Lord Wark agreed with Lord Morison that in many CASES there had been grave difficulty in proving marriage constituted by declaration.

Questioned as to the business carried on by marriage agents in Scotland, Lord Wark expressed the opinion that while this was a perfectly legal operation, he thought it required some form of supervision.

Mr. Donald E. Jack, who appeared on behalf of two firms of marriage agents in Edinburgh who arrange for marriage of per- sons by declaration, informed the committee that the average number of marriages carried through by the largest firm in the city in the last five years was 477, while the other firm who arranged marriages averaged 196 marriages a year.

Replying to a question by Mrs. with a person with whom he or Tom Johnston as to whether it she had been declared by the would be advisable to make it courts to have committed miscon necessary for parents to consent duct, to marriage where one or other of the parties was under age, Lord Wark, said he did not god that there should be consent by

consent parents.

no

He said it was a question whether this statute was yet in disuse and observed that in every case in modern practico the decree, sao that it had censed the paramour, was unnamed in to be of practical effect.

He saw no reason for altera tion of the Inw in that respect, adding, “A person of 16 is per- According to the common law of "The general attitude which fectly capable of determining Scotland, the age of capacity for they adopted," it is stated, “was with whom he or she shall live." marriage was fixed at twelve years that the newspapers were justified The law of Scotland prescribed for females and fourteen for in publishing information which form of celebration of mar- males. The rule concerning the publicly revealed in 11 coroner's riage, but in recent times there ago of consent was derived from court. The representatives of the had been a number of prosecutions the law of Rome, Newspaper Proprietors' Associa for perjury, particularly with re tion mentioned, however, that the gard to the 21-days residential Association had circulated to its qualification, members a letter received from the National Council for Mental Hygiene, asking that newspapers

subject of suicides in w detailed or dramatic way,"

"However, the mutter is dis- guised, the real object of these questions is to elicit his guilt, yet Tho status of coroners juries there may be nothing which would should be raised by the drawing of amount to a prima facie case such juries from the Jury List, two against him,** women being included on each jury, A detailed discussion follows of In this connection it is stated the recent South Dorset inquest] that in various places the coron-on a man of 86, who was found er's officer has still, in practice, with his head against a coal fire, regular body of men who are from having apparently fallen. jurors; and that, according to fallen on a young married woman,

suspiclon was alleged to the Committee, the coroner's jury Mrs. Jackson, who had been look should refrain from treating the Scottish Act of 1600, by which are called on to decide whether a was in one town regularly con-: stitated of the inmates of a working after him.

time to time aummoned to set as

house.

Production Of Records

Local have

"So far as we can judge," the Committee states, "the proceeding beyond question took the form of It is also recommended That a trial, though the Coroner stated steps should be taken to provide that it was simply an investigation better mortuaries; that coroners into the facts.

Д

WAR

should have discretion as to the "We do not think that a charge viewing of the body; that coron-for this character (bocause in ers' records should be kent and be truth it was clear lo everyone that Mrs. Jackson was being charged producible on payment of

fce, that, as a general policy, the merged far on the evidence that was with murder) could have proceed- ing of relatively small jurisdictions should be encouraged; and that avullable..... Yet the inquest coroners should be apecifically dia. Proceedings lasted for seven days;! qualified from acting as solicitors and Mrs. Jackson was under cross- in matters which have been the examination for three days. In- subject of investigation by them at admissible evidence given inquesta,

against her." Elimination of the "trial” cle- Discussing cases of this type, mont in inquesta involves a num-admittedly few in number, the bor of specific proposals.

Committee comments that "as the The Act of 1887 should bɔjlaw now stands,, the Coroner is amended, it is urged, so as to re-fuced with an almost insoluble move from the duties of coroners problem if on the one hand he that of inquiring, in cases of feels obliged, by the statutory pro- murder or manslaughter, into the vision under which he “nets, to Identity of the individuals res press to the utmost limit the ponsible or accessory before the examination of a suspected person, fact.

and if on the other hand he tries The coroner should no longer to give effect to those rules which,. have the power to commit any according to the tradition of the person for trial on the inquisi- English common law, are essential ilon en a charge of murder, mane to a fair treatment of a suspected slaughter, or infanticide; and person.",

the inquisition should not name Press Protests any person as guilty of any one of these offences.

Where a person la suspected of having caused the death he should not be called and put on oath un- loss he so desires, and should not bo cross-examined. In addition, as already stated, the laws of

The Press, in such instances,

it is added, by their almost unanimous protests, have voiced, "as they so often do," the sen timents of the community at Jarge.

There may be the further draw evidence should be followed. back, it is suggested, in motoring With regard to questions of cases particularly, that the police civil liability, a declaratory pro may feel their hands to be tied, vision of law la recommended that from the point of view of subse corners are not concerned with guent proceedings,

the such issues, no ad a Coroner's verdict,

"This," it da etatech would strengthen the hands of corouers the report explains that tho

by

With regard to sueldo verdicta,

It was also a strange anomaly in their law that a woman might [bring an action of declarator of Ban On Co-respondents

marriage an exclusively Scottish Lord Wark also referred to the form of action in which the courts null if couple are married or not] and marriage was declared

an action for contracted by a divorced spouse alternatively

damages for seduction. If she the Press of the proceedings at in-failed in the one action she might questa on Huicides should be succeed in the other.

Freedom Of The Pross

The report proceeds: "We have Imited to a statement of the name On the other hand, it had rẻò the greatest reluctance to pro- and address of the deceased and cently been held that where a pose anything which would res of the verdict that the deceased woman brought an action of seduc-. trict the freedom of the Press. To died by his own hand. This tion and the man pleaded that uphold that freedom is a matter limitation should be made obliga- they were married, that was an

incompetent defence. of the highest publie importance tory by statute."

In doubtful cases, the

It seemed curious that the ques and it should be jealously guarded.

cedure favoured is that the tion of whether the parties, wore "Nevertheless, In this particu- lar matter, we have reached the}

Press should be prohibited from married or not should depend on conclusion that the publication In

publishing any report until althe contentions they chose to put verdict has been returned, forward.

}

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