Cap. 504 sub. leg. B

Coroners Rules(Cap. 504 section 53) (Enacting provision omitted—E.R. 1 of 2018)[4 May 1998] L.N. 211 of 1998 Part I Preliminary 1. (Omitted as spent—E.R. 1 of 2018) Part II Autopsies 2. Pathologists who may perform autopsies Subject to section 6(3) of the Ordinance, an autopsy may be performed by any pathologist employed by—(a) the Government;(b) the Hospital Authority within the meaning of the Hospital Authority Ordinance (Cap. 113); or(c) a university situated in Hong Kong. 3. Persons who may be represented at or attend an autopsy (1) The following persons shall be entitled to be represented by a registered medical practitioner at an autopsy or, if any such person is a registered medical practitioner, he shall be entitled to attend the autopsy in person—(a) any relative of the deceased;(b) the deceased’s regular registered medical practitioner;(c) if the deceased died in a hospital, the person in charge of the hospital;(d) any department of the Government;(e) the Commissioner of Police or a police officer representing him; and(f) where the death of the deceased may have been caused by an 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.(2) The coroner who ordered an autopsy to be performed shall inform each person who—(a) is, by virtue of subrule (1), entitled to be represented at, or to attend, the autopsy; and(b) has notified the coroner of his desire to be represented at, or to attend, the autopsy,of the date, hour and place at which the autopsy will be performed unless it is, in the opinion of the coroner, impracticable to do so or to do so would cause the autopsy to be unduly delayed.(3) Nothing in this rule shall limit the discretion of a coroner to inform a person of the date, hour and place at which an autopsy will be performed and to permit the person to attend the autopsy. 4. Non-interference with autopsies No person attending an autopsy by virtue of rule 3 shall interfere with the performance of the autopsy. 5. Preservation of material bearing upon the cause of death A pathologist performing an autopsy shall make provision, so far as is reasonably practicable, for the preservation of material which in his opinion is relevant to the cause of or the circumstances connected with the death of the person the subject of the autopsy—(a) for such period as the coroner who ordered the autopsy specifies;(b) if no such period is so specified, for such period as the pathologist thinks fit. 6. Autopsies may only be performed in prescribed mortuaries No autopsy shall be performed in a place other than a prescribed mortuary. Part III Inquests 7. Formality An inquest shall be opened, adjourned and closed in a formal manner. 8. Coroner’s officer The Secretary for Justice may, at the request of a coroner, appoint a person to be a coroner’s officer to assist the coroner in— (L.N. 362 of 1997)(a) his investigations; and(b) the questioning of witnesses,at an inquest held by that coroner. 9. Inquests not to be held on Saturdays or general holidays (18 of 2016 s. 30)(1) No inquest shall be held on a Saturday or a general holiday (other than a Sunday) unless the coroner considers it requisite on grounds of urgency that an inquest be held on such a day. (35 of 1998 s. 5; 18 of 2016 s. 30)(2) No inquest shall be held on a Sunday. 10. Order in which witness is to be questioned Unless the coroner otherwise determines, a witness at an inquest shall be examined first by the coroner or the coroner’s officer and, where the witness is represented at the inquest, lastly by his representative. 11. Witness not to incriminate himself (1) No witness at an inquest shall be obliged to answer a question if to do so would tend to incriminate him.(2) Where it appears to the coroner that a witness has been asked a question referred to in subrule (1), the coroner shall inform the witness that he may refuse to answer. 12. Coroner to inform Registrar of adjournment in certain cases Where 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 inquest on the deceased adjourns the inquest— (33 of 2000 s. 5)(a) pursuant to section 33(2) of the Ordinance;(b) pursuant to section 35(1) of the Ordinance where section 35(2)(d) applies in respect of that inquest,the coroner shall inform the Registrar of such adjournment. 13. Exhibits to be marked All exhibits produced in evidence at an inquest shall be marked with consecutive numbers and each number shall be preceded by the letter “C”. 14. Coroner to take notes of evidence, etc. (1) The coroner shall—(a) take notes of the evidence at an inquest; or(b) cause a record to be made of the evidence at an inquest, whether by shorthand or with the use of any mechanical, digital, electronic or optical device. (6 of 2025 s. 59)(2) A transcription of the notes or record of evidence referred to in subrule (1) shall be prepared by, or under the supervision of, the coroner. 15. Address to coroner, etc. must be relevant No person shall be allowed to address the coroner or the jury at an inquest as to a matter which is not relevant to the cause of or the circumstances connected with the death of the person the subject of the inquest. 16. Duties of coroner as to matters of law and evidence Where the coroner sits with a jury, he shall—(a) sum up the evidence to the jury;(b) direct the jury as to the law before the jury consider their findings; and(c) draw the jury’s attention to sections 27 and 44 of the Ordinance. Part IV Records, Documents and Exhibits 17. Register of deaths A coroner shall keep an indexed register in the prescribed form of all deaths reported to him. 18. Retention and disposal of exhibits An exhibit at an inquest 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, if no such request has been made, be destroyed or otherwise disposed of as the coroner thinks fit. 19. Retention and disposal of documents other than exhibits A document, other than an exhibit at an inquest, in the possession of a coroner in connection with an inquest or autopsy shall, unless a court otherwise directs, be retained by the coroner for not less than 3 years:Provided that the coroner may deliver such a document to a person who in the opinion of the coroner should have possession of it. 20. Copies of documents A coroner—(a) shall, on application made by a properly interested person and payment of the prescribed fee, supply to such person a copy of—(i) any transcription of the notes or record of evidence taken or made at an inquest;(ii) any report of an autopsy;(iii) any document put in evidence at an inquest;(b) may, on application made by a properly interested person and payment of the prescribed fee, permit such person to inspect such transcription, report or document. 21. Vacation of office Where 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 inquests or autopsies shall be transferred to the coroner next appointed to that office.