CORONERS RULES - CHAPTER 14A CORONERS RULES - LONG TITLE Empowering section (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - LONG TITLE Empowering section VerDate:30/06/1997 (Cap. 14 section 22) [29 August 1969] (L.N. 134 of 1969) CORONERS RULES - RULE 1 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 1 Citation VerDate:30/06/1997 These rules may be cited as the Coroners Rules. CORONERS RULES - RULE 2 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 2 Interpretation VerDate:30/06/1997 In these rules, unless the context otherwise requires- "coroner" (死因裁判官) means a person appointed as such under section 3 of the Ordinance; "deceased" (死者) 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" (驗屍) means a post-mortem examination which is ordered by a coroner to be made under section 5 or section 6 of the Ordinance; "registered medical practitioner" (註冊醫生) means a person who is registered or is deemed to be so registered under the Medical Registration Ordinance (Cap 161). "coroner" (死因裁判官) "deceased" (死者) "post-mortem examination" (驗屍) "registered medical practitioner" (註冊醫生) CORONERS RULES - RULE 3 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 3 Post-mortem examinations to be made as soon as reasonably practicable VerDate:30/06/1997 POST-MORTEM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. CORONERS RULES - RULE 4 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 4 Matters to be considered in selecting person to make post-mortem examination VerDate:30/06/1997 In considering what registered medical practitioner shall be ordered to make a 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 (ii) the conduct of any member of the hospital staff is likely to be called in question; or (iii) 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 examination to be unduly delayed. CORONERS RULES - RULE 5 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 5 Persons and bodies who may be informed as to a post-mortem examination VerDate:30/06/1997 (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 examination; (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; (f) if the death of the deceased may have been caused by any accident of which notice is required by any Ordinance 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. (4) Nothing in this rule shall limit the discretion of the coroner to inform any person of the date, hour and place at which a post-mortem examination will be made and to permit him to attend the examination. CORONERS RULES - RULE 6 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 6 Non-interference with post-mortem examinations VerDate:30/06/1997 A person attending a post-mortem examination by virtue of rule 5 shall not interfere with the performance of the examination. CORONERS RULES - RULE 7 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 7 Preservation of material bearing upon the cause of death VerDate:30/06/1997 A person making a post-mortem examination shall make provision so far as possible, for the preservation of material which in his opinion bears upon the cause of death for such period as the coroner thinks fit. CORONERS RULES - RULE 8 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 8 Post-mortem report VerDate:30/06/1997 (1) The person making a post-mortem examination shall report to the coroner in Form 6 set out in the Schedule to the Coroners (Forms) Rules (Cap. 14 sub. leg.). (2) Unless authorized by the coroner, the person making a post-mortem examination shall not supply a copy of his report to any person other than the coroner and the Commissioner of Police. (22 of 1975 s. 3) CORONERS RULES - RULE 9 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 9 Places where post-mortem examinations to be made VerDate:30/06/1997 No post-mortem examination shall take place other than in a place specified in the Places for Post-Mortem Examination Order (Cap. 14 sub. leg.). CORONERS RULES - RULE 10 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 10 Inquiries to be public VerDate:30/06/1997 INQUIRIES 10. Every inquiry shall be held in open court, unless the coroner directs that the public be excluded from an inquiry or any part of an inquiry. CORONERS RULES - RULE 11 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 11 Inquiries not to be held on holidays or Sundays VerDate:30/06/1997 An inquiry shall not be held on a general holiday as defined in the Holidays Ordinance (Cap. 149) unless the coroner considers it requisite on grounds of urgency that an inquiry shall be held on such a day, and no inquiry shall be held on a Sunday. CORONERS RULES - RULE 12 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 12 Questioning of witnesses VerDate:30/06/1997 (1) Without prejudice to any enactment with regard to the examination of witnesses at an inquiry, any person who in the opinion of the coroner is a properly interested person shall be entitled to examine any witness at an inquiry either in person or by counsel or solicitor. (2) The Commissioner of Police, unless interested otherwise than in that capacity, shall only be entitled to examine a witness by counsel or solicitor. (3) The coroner shall disallow any question which in his opinion is not relevant or is otherwise not a proper question. (4) If the death of the deceased may have been caused by an injury received in the course of his employment or by an industrial disease, any person appointed by a trade union to which the deceased at the time of his death belonged shall be a properly interested person for the purposes of this rule. CORONERS RULES - RULE 13 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 13 Order in which witness is to be questioned VerDate:30/06/1997 Unless the coroner otherwise determines, a witness at an inquiry shall be examined first by the coroner or his officer and, if the witness is represented at the inquiry, lastly by his representative. CORONERS RULES - RULE 14 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 14 Witness not to incriminate himself VerDate:30/06/1997 (1) No witness at an inquiry shall be obliged to answer any question if to do so would tend to incriminate him. (2) If it appears to the coroner that a witness has been asked such a question, the coroner shall inform the witness that he may refuse to answer. CORONERS RULES - RULE 15 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 15 Notice to be given to a person whose conduct is likely to be called in question VerDate:30/06/1997 Any person whose conduct is likely in the opinion of the coroner to be called in question at an inquiry, shall, if not summoned to give evidence at the inquiry, be given reasonable notice of the date, hour and place at which the inquiry will be held. CORONERS RULES - RULE 16 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 16 Adjournment of inquiry where conduct of an absent person is called in question VerDate:30/06/1997 If the conduct of any person is called in question at an inquiry on grounds which the coroner thinks substantial and which relate to any matter referred to in rule 23 and if that person is not present at the inquiry and has not been summoned to attend or otherwise given notice of the holding of the inquiry, the inquiry shall be adjourned to enable him to be present. CORONERS RULES - RULE 17 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 17 Alteration of date, hour or place of adjourned inquiry VerDate:30/06/1997 When a coroner has fixed a date, hour and place for the holding of an adjourned inquiry he may, at any time before the date so fixed, alter the date, hour or place fixed and shall then give notice of the alteration to the members of the jury, if any, the witnesses, and any other person appearing in person or represented at the inquiry. CORONERS RULES - RULE 18 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 18 Commissioner of Police may request adjournment of inquiry in certain cases VerDate:30/06/1997 (1) If the Commissioner of Police requests a coroner to adjourn an inquiry on the ground that a person may be charged with the murder, manslaughter or infanticide of the deceased or with dangerous driving causing the death of such person, the coroner shall adjourn the inquiry. (2) At any time before the date fixed for the holding of the adjourned inquiry, the Commissioner of Police may ask the coroner for a further adjournment and the coroner shall comply with his request. CORONERS RULES - RULE 19 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 19 Inquiry not to be adjourned solely on grounds of criminal proceedings arising out of death of deceased VerDate:30/06/1997 Subject to subsection (2) of section 14 of the Ordinance and to rule 18 an inquiry shall not be adjourned solely by reason of the institution of criminal proceedings arising out of the death of the deceased. CORONERS RULES - RULE 20 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 20 Resumption and non-resumption of inquiry VerDate:30/06/1997 (1) If an inquiry which has been adjourned in pursuance of subsection (2) of section 14 of the Ordinance is not to be resumed, the coroner shall notify the jurors, the witnesses, the Commissioner of Police and any other person appearing in person or represented at the inquiry that the inquiry will not be resumed. (2) If an inquiry which has been adjourned as aforesaid is to be resumed, the coroner shall give reasonable notice of the date, hour and place at which the inquiry will be resumed to the jurors, the witnesses, the Commissioner of Police and any other person appearing in person or represented at the inquiry. CORONERS RULES - RULE 21 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 21 Recognizance to be void in certain circumstances VerDate:30/06/1997 When any witness or juror who has been bound over to attend at an adjourned inquiry, whether without further notice or conditionally on receiving further notice, is notified by the coroner that his attendance at the adjourned inquiry is not required or that the inquiry will not be resumed, the recognizance entered into by him shall be void. CORONERS RULES - RULE 22 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS RULES - RULE 22 Coroner to inform Registrar, High Court of adjournment in certain cases VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2 When a magistrate commits a person for trial on a charge of murder, manslaughter, infanticide or causing death by dangerous driving, and the coroner who is responsible for holding an inquiry on the body adjourns the inquiry in pursuance of subsection (2) of section 14 of the Ordinance, the coroner shall inform the Registrar of the High Court of such adjournment. (Amended 25 of 1998 s. 2) CORONERS - RULE 22 Coroner to inform Registrar, Supreme Court of adjournment in certain cases VerDate:30/06/1997 When a magistrate commits a person for trial on a charge of murder, manslaughter, infanticide or causing death by dangerous driving, and the coroner who is responsible for holding an inquiry on the body adjourns the inquiry in pursuance of subsection (2) of section 14 of the Ordinance, the coroner shall inform the Registrar of the Supreme Court of such adjournment. CORONERS RULES - RULE 23 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 23 Matters to be ascertained at an inquiry VerDate:30/06/1997 The proceedings and evidence at an inquiry shall be directed solely to ascertaining the following matters- (a) the identity of the deceased; (b) how, when and where the deceased came by his death; (c) the persons, if any, to be charged with murder, manslaughter, infanticide or causing death by reckless driving, or of being accessories before the fact should the jury find that the deceased came by his death by murder, manslaughter, infanticide or reckless driving; (66 of 1984 s. 13) (d) the particulars for the time being required by the Births and Deaths Registration Ordinance (Cap. 174) to be registered concerning the death. CORONERS RULES - RULE 24 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 24 Opinions not to be expressed on matters other than those in rule 23 VerDate:30/06/1997 (1) Neither the coroner nor the jury shall express any opinion on any matters other than those referred to in rule 23. (2) Notwithstanding paragraph (1) the coroner or the jury may make a recommendation designed to prevent the recurrence of fatalities similar to that in respect of which the inquiry is being held. CORONERS RULES - RULE 25 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 25 Admissibility of documentary evidence VerDate:30/06/1997 (1) Documentary evidence as to how the deceased came by his death shall not be admissible at an inquiry unless the coroner is satisfied that there is good and sufficient reason why the maker of the document should not attend the inquiry. (2) If such documentary evidence is admitted at an inquiry, the inquiry shall be adjourned to enable the maker of the document to give oral evidence if the coroner or any properly interested person so desires. CORONERS RULES - RULE 26 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 26 Exhibits to be marked VerDate:30/06/1997 All exhibits produced in evidence at an inquiry shall be marked with consecutive numbers and each number shall be preceded by the letter "C". CORONERS RULES - RULE 27 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 27 Coroner to take notes of evidence or depositions VerDate:30/06/1997 The coroner shall take notes of the evidence or depositions at every inquiry except in cases of murder, manslaughter, infanticide or death by dangerous driving when he shall take depositions. CORONERS RULES - RULE 28 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 28 Facts VerDate:30/06/1997 No person shall be allowed to address the coroner or the jury as to the facts. CORONERS RULES - RULE 29 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 29 Duties of coroner as to matters of law and evidence VerDate:30/06/1997 When the coroner sits with a jury, he shall sum up the evidence to the jury and direct them as to the law before they consider their verdict and shall draw their attention to rules 23, 24, 30 and 31 of these rules. CORONERS RULES - RULE 30 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 30 Civil liability not to be determined VerDate:30/06/1997 No verdict shall be framed in such a way as to appear to determine any question of civil liability. CORONERS RULES - RULE 31 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 31 Riders VerDate:30/06/1997 The coroner shall not record any rider unless the rider is, in the opinion of the coroner, designed to prevent the recurrence of fatalities similar to that in respect of which the inquiry is being held. CORONERS RULES - RULE 32 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 32 Register of deaths VerDate:30/06/1997 RECORDS, DOCUMENTS AND EXHIBITS 32. A coroner shall keep an indexed register of all deaths reported to him which shall contain the particulars specified in Form 7 set out in the Schedule to the Coroners (Forms) Rules (Cap. 14 sub. leg.). CORONERS RULES - RULE 33 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 33 Retention and disposal of exhibits VerDate:30/06/1997 Every exhibit at an inquiry shall, unless a court otherwise directs, be retained by the coroner until he is satisfied that the exhibit is not likely to be, or will no longer be, required for the purposes of any other legal proceedings, and shall then, if a request for its delivery has been made by a person appearing to the coroner to be entitled to the possession thereof, be delivered to that person, or, is no such request has been made, be destroyed or otherwise disposed of as the coroner thinks fit. CORONERS RULES - RULE 34 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 34 Retention and disposal of documents other than exhibits VerDate:30/06/1997 Any document, other than an exhibit at an inquiry, in the possession of a coroner in connection with an inquiry or post-mortem examination shall, unless a court otherwise directs, be retained by the coroner for at least three years: (L.N. 92 of 1974) Provided that the coroner may deliver any such document to any person who in the opinion of the coroner is a proper person to have possession of it. CORONERS RULES - RULE 35 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 35 Copy documents VerDate:30/06/1997 A coroner shall, on application, supply to any person who, in the opinion of the coroner, is a properly interested person a copy of any notes of evidence or depositions taken by the coroner at an inquiry, or of any report of a post-mortem examination, or of any document put in evidence at an inquiry; or may, on application, permit such person to inspect such notes of evidence, depositions, report or document. CORONERS RULES - RULE 36 (Repealed 27 of 1997 s. 57(1)) VerDate:04/05/1998 CORONERS - RULE 36 Vacation of office VerDate:30/06/1997 When a coroner vacates his office by death or otherwise, all documents, exhibits, registers and other things in the custody of the coroner in connection with inquiries or post-mortem examinations shall be transferred to the coroner next appointed to that office.