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.




(815) DEATH INQUEST BY CORONER

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If at any time during the Death inquest, the evidence and the circumstances suggest to the Coroner that some person may have committed a criminal offence, the Coroner may adjourn the hearing and refer the matter to the Secretary for Justice to decide whether to proceed with criminal prosecution. It is mandatory for the Coroner to do so if the evidence suggested the Commission of the offences of murder, manslaughter, infanticide or death by reckless driving. If it amounts to some other criminal offences, the coroner would have a discretion to decide whether to adjourn and to refer the matter to the Secretary for Justice.

When the inquest is to proceed with a jury, there will be five jurors under the 1997 ordinance instead of the previous three only.

There is a mechanism for the High Court to intervene in relation to the decision and finding of a coroner inquest. The High Court can intervene on grounds such as rejection of evidence, and insufficiency of inquest. The High Court indeed has a very wide discretion to interfere. The High Court's intervention is limited to the quashing of the previous finding and ordering another inquest only.

Dated: 14th January 1999