The following can only be a brief introduction of the legal subject concerned. Before you take any action which may have legal consequence, you should first seek advice from your own lawyer or make an appointment at any District Office to see a volunteer lawyer of the Free Legal Advice Scheme.




(814) CORONERS AND THE CORONERS ORDINANCE

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The Coroners Ordinance, was first enacted in 1967. In 1997, the Legislative Council passed a new Ordinance to replace the original one. It was made effective and put into action in May 1998.

The role and function of the coroner can be quite confusing to lay people. The role of the Coroner court is NOT to determine the civil liability. In fact it is specifically stated that in the Ordinance that the Coroner court cannot phrase its findings in such a manner as to suggest civil liability.

The primary role of the coroner in Hong Kong is to investigate the causes of and circumstances surrounding sudden, accidental, unexpected or suspicious deaths where the cause of death is uncertain or the circumstances are such that it is in the public interest to conduct such an investigation. The main functions of the Coroner office are to: -

1. enable interested persons to ascertain the true facts surrounding a death;
2. making recommendations to prevent similar deaths;
3. enable early recognition of new hazards to life;
4. draw official attention to preventable diseases causing death and to the misuse of drugs; and
5. uncover cases of crime that would otherwise go undetected.

Other main features of the Coroners Ordinance can be summarised further as follows:

1. There is specific provision for the mandatory reporting to the Coroner under specified circumstances.

   Failure to report will attract criminal penalty of a fine or imprisonment for 14 days.

2. The ordinance gives the Coroner a clear and distinct investigative role. A coroner "may investigate" "the reportable deaths" and "any other death of a person which the coroner considers should be investigated in the public interest".
3. The ordinance contains provisions to empower the High Court to order an inquest to be conducted. Not too long ago, only the Secretary for Justice can make such an order. Now the High Court may order an inquest be conducted upon the application of persons properly interested.

4. The ordinance provides that "each properly interested person who has notified the coroner in writing that he has an interest in the inquest" be given reasonable notice of the date, hour and place of the inquest".
5. Under the ordinance, the properly interested person can ask the coroner to supply them with witness statement or medical or technical report.

6. It is understandable that when further investigation need to be done, or an inquest is to be conducted, there will be a delay in the issuance of the so-called "death certificate". Under the 1997 Ordinance a certificate of the fact of death can be issued by the coroner on application of a properly interested person. However, if the cause of death is an infectious disease, this certificate cannot be issued.

Dated: 5th October 2012