Cap. 504 sub. leg. C

Coroners (Forms) Rules(Cap. 504, section 53)(Enacting provision omitted—E.R. 2 of 2019)[4 May 1998] L.N. 211 of 1998(Format changes—E.R. 2 of 2019) 1. (Omitted as spent—E.R. 2 of 2019) 2. Forms The forms in the Schedule shall be the prescribed forms for the purposes of the Ordinance and the Coroners Rules (Cap. 504 sub. leg. B).(E.R. 2 of 2019) Schedule [rule 2] Form 1 [s. 6(4)] Autopsy Report This Report is Confidential. It shouldnot be Disclosed to a Third Party(except the Commissioner of Police)without the Coroner’s Consent Name of deceased Sex of deceased Stated age of deceased (or date of birth) Stated race and nationality Identifier(s) Date and time of autopsy Place where autopsy performed Estimated time of death EXTERNAL EXAMINATION Height Build/nourishment Marks of violence and/or identification INTERNAL EXAMINATION Cranial cavity Skull Brain, meninges, etc. Thoracic cavity Mouth, tongue, oesophagus, larynx, trachea, lungs and pleurae Pericardium, heart and blood vessels Abdominal cavity Stomach and contents Peritoneum and intestines Liver and gall bladder Spleen Urinary system Generative organs Are all other organs healthy? The cause of death as shown by the autopsy appears to be— I (a) (Direct cause, due to) (b) (Intervening antecedent causes, due to) (c) (Underlying antecedent cause) II (Other significant conditions contributing to the death but not related to the disease or condition causing it) Name and qualifications Appointment and institution (Signature) _ Form 2 [s. 10(1)] Search Warrant To each and all of the police officers of Hong Kong. Having been satisfied by information upon oath (or declaration) that there are reasonable grounds for believing that a thing which may be relevant to the cause of or the circumstances connected with the death of is likely to be found in or on ....................................................................................................................... : YOU ARE HEREBY AUTHORIZED, with such assistants as may be necessary, at any reasonable time to enter the said ....................................................................................................................... , by force if necessary, and search the said for any such thing. Dated this ............ day of ........................ 19 ........ Coroner _ Form 3 [s. 12(1)] Summons to Witness To It having been made to appear to me on credible information that you are capable of giving material evidence at the inquest relevant to the cause of or the circumstances connected with the death of ......................................................................................................... : YOU ARE HEREBY SUMMONED to be and appear before me at in Hong Kong on ............day, the ............ day of ................. 19 ...... , at .......... a.m.*/p.m.*, to testify what you know relevant to the cause of or the circumstances connected with the death of the said Dated this ............ day of ........................ 19 ........ Coroner * Delete whichever is inapplicable. _ Form 4 [s. 12(2)] Warrant where Witness has not Obeyed Summons To each and all of the police officers of Hong Kong. It having been made to appear to me that ....................................................................... of was capable of giving material evidence at the inquest relevant to the cause of or the circumstances connected with the death of ....................................................................................., a summons was issued by me to the said ............................................................................., requiring him to be and appear before me at in Hong Kong on ............ day, the .......... day of .................... 19 .........., at .......... a.m.*/p.m.*, to testify what he knows relevant to the cause of or the circumstances connected with the death of the said ......................................................................................; and proof having this day been made before me upon oath (or declaration) of such summons having been served on the said ....................................................................................... [and of a reasonable sum having been tendered to him for his costs or expenses to so appear]**; and the said ..................................................................................... having failed to appear at the place and time appointed by the said summons, and no reasonable excuse having been offered for such failure: YOU ARE HEREBY COMMANDED to take the said .................................................. and to bring and have him at .................................................................................................... in Hong Kong on .......... day, the .......... day of ........................................19 .........., at .......... a.m.*/p.m.*, to testify what he knows relevant to the cause of or the circumstances connected with the death of the said Dated this ............ day of ........................ 19 ........ Coroner * Delete whichever is inapplicable. ** Delete if inapplicable by virtue of section 12(2)(c) of the Coroners Ordinance (Cap. 504). _ Form 5 [s. 12(3)] Warrant for Witness in the First Instance To each and all of the police officers of Hong Kong. It having been made to appear to me on credible information that ............................................................................. of is capable of giving material evidence at the inquest relevant to the cause of or the circumstances connected with the death of .................................................................................................... and being satisfied by evidence upon oath (or declaration) that it is probable that the said .................................................. will not attend the said inquest to give evidence without being compelled to do so: YOU ARE HEREBY COMMANDED to take the said ........................................ and to bring and have him at .................................................................................................... in Hong Kong on .......... day, the .......... day of ..........19 .........., at .......... a.m.*/p.m.*, to testify what he knows relevant to the cause of or the circumstances connected with the death of the said Dated this ............ day of ........................ 19 ........ Coroner * Delete whichever is inapplicable. _ Form 6 [s. 12(4)] Warrant for Commitment of Witness Refusing to be Sworn or to Give Evidence To each and all of the police officers of Hong Kong and to the Commissioner of Correctional Services. It having been made to appear to me that ........................... of is capable of giving material evidence at the inquest relevant to the cause of or the circumstances connected with the death of ........................................, and the said .............................. now appearing before me at .............................. in Hong Kong on .......... day, the .......... day of ........................................ 19 .........., and being required by me to take oath (or declaration) as a witness in that behalf now refuses so to do (or being sworn or declared as a witness in the matter of the said inquest) refuses to answer certain questions, without offering any reasonable excuse for such his refusal: YOU, THE SAID POLICE OFFICERS, ARE HEREBY COMMANDED to take the said and to safely convey him to a prison, and there to deliver him to the Commissioner of Correctional Services, together with this warrant: YOU, THE SAID COMMISSIONER OF CORRECTIONAL SERVICES, ARE HEREBY COMMANDED to receive the said ...................................................................................... into your custody in a prison, and there imprison him for such his contempt for the space of ....... days, unless he shall in the meantime consent to be examined and to answer concerning the premises; and for your so doing this shall be sufficient warrant. Dated this ............ day of ........................ 19 ........ Coroner _ Form 7 [s. 22(1)] Summons to Juror To You are hereby summoned to attend at in Hong Kong on ............... day, the .......... day of ..................................... 19 .......... at ............... a.m.*/p.m.*, and there to appear as a juror at an inquest to be held by a coroner concerning the death of ................................................................................., and there to attend until you shall be discharged. Dated this ............ day of ........................ 19 ........ Coroner’s Clerk * Delete whichever is inapplicable. Note: The penalty for failing to comply with this summons is a fine at level 2. Personal service of this summons is not necessary to subject the juror summoned to this penalty. _ Form 8 [s. 24] Oath for Juror I, ....................................................................................................................., (Name in full) swear that I will diligently inquire and true presentment make of all such matters and things as shall be here given me in charge, on behalf of the people of Hong Kong, touching the death of .................................... and that I will give true findings according to the evidence. So help me God. _ Form 9 [s. 24] Declaration for Juror I, ....................................................................................................................., (Name in full) do solemnly and sincerely declare that I will diligently inquire and true presentment make of all such matters and things as shall be here given me in charge, on behalf of the people of Hong Kong, touching the death of ............................................................ and that I will give true findings according to the evidence. _ Form 10 [s. 28(2)] Notice to Properly Interested Persons Informing them of their Right under Section 14(3) of the Ordinance To ................................................................................, a properly interested person in the death of .................................................... : You are hereby advised that you or another person on your behalf may make representations (either in writing* or orally**) to the coroner as to whether the inquest to be held into the death of the above-named person should be held with a jury. Those representations, if any, should be made not later than 14 days after the date of issue of this notice. Issued this ............ day of ........................ 19 ........ Coroner * Any written representations must be received at the Coroner’s Office not later than 14 days after the date of issue of this notice. ** For any oral representations, the coroner’s clerk should be contacted as soon as practicable to arrange an appointment with the coroner. _ Form 11 [s. 41] Certificate of the Fact of Death To whom it may concern. ............................................................ (Name) of ............................................................................ (Address) died on ................................................................. The precise medical cause of death was as follows*/has yet to be established* I am satisfied as to the evidence provided by a registered medical practitioner who has personally viewed the body of the person in respect of whose death this certificate is issued and who is satisfied that that death has occurred— (a) of the identification of, and place and date of death of, that person; and (b) that an infectious disease** was not the cause of that death. Dated this ............ day of ........................ 19 ........ Coroner * Delete whichever is inapplicable. ** An infectious disease is any disease which may render the dead body of a person a danger to public health. _ Form 12 [s. 43] Findings at Inquest An inquest held at in Hong Kong on the .................... day of .............................. 19 .........., [and by adjournment on the .................... day of .............................. 19 ..........,] [before and by * .........................] me .................................................., a coroner, [and the undermentioned jurors,] into the death of ............................................................ [a person unknown][concerning a stillbirth]. The following matters are found— 1. Name of deceased (if known): 2. Injury or disease causing death:** 3. Time, place and circumstances at or in which injury was sustained:*** 4. Conclusion of the jury/coroner as to the death: † 5. Particulars for the time being required by the Births and Deaths Registration Ordinance (Cap. 174) to be registered concerning the death: (1)Date and place of death (2)Name and surname of deceased (3)Sex (4)Maiden surname of woman who has married (5)Date andplace ofbirth (6)Occupation and usual address Signature of coroner [and jurors] NOTES * 1. Modify this as necessary according to whether the inquest is held with or without a jury or partly with and partly without a jury. ** 2. In the case of a death from natural causes or from an occupational disease, want of attention at birth, or dependence on, or non-dependent abuse of, drugs, insert the immediate cause of death and the morbid conditions, if any, giving rise to the immediate cause of death. *** 3. Omit this if the cause of death is one to which Note 2 applies. † 4. (a) Where the cause of death is one to which Note 2 applies, it is suggested that one of the following forms be adopted— The deceased died from natural causes. The deceased died from the occupational disease of .................................................... The deceased died from dependence on drugs/non-dependent abuse of drugs. The deceased died from want of attention at birth. (In any of the above cases, it is suggested that the following words may, where appropriate, be added— “to which neglect contributed”). (b) In any other case, except murder, manslaughter, infanticide, dangerous driving or stillbirth, it is suggested that one of the following forms be adopted— (33 of 2000 s. 5) The deceased killed himself [whilst the balance of his mind was disturbed]. The deceased died as a result of an attempted/self-induced abortion. The deceased died as a result of an accident/misadventure. The deceased was killed lawfully. Open verdict, namely, the evidence did not fully or further disclose the means whereby the cause of death arose. (c) In the case of murder, manslaughter, infanticide or dangerous driving, it is suggested that the following form be adopted— (33 of 2000 s. 5) The deceased was killed unlawfully. (d) In the case of a stillbirth, insert “stillbirth” and do not complete the remainder of the form. _ Form 13 [s. 45] Certificate of Coroner I hereby certify that on the .......... day of .............................. 19 .........., I held, under the provisions of the Coroners Ordinance (Cap. 504), an inquest into the cause of and the circumstances connected with a death in .................................................................................................... and that the following particulars were then disclosed— 1. Name of deceased. 2. Residence and occupation. 3. Where found, and when, and in what circumstances. 4. Date of death. 5. Cause of death. * 6. The names of the persons last seen in the company of the deceased. * 7. Any suspicious circumstances which point to any person or persons as having caused the death. Note: The following are the names, residences and callings of the witnesses examined— Dated this ............ day of ........................ 19 ........ Coroner * To be filled up in case the death is supposed to have been caused by improper means. _ Form 14 [s. 47] Warrant for Commitment of Person who has Committed a Contempt at or in Relation to Inquest To each and all of the police officers of Hong Kong and to the Commissioner of Correctional Services. Whereas ....................................................... of .................................................................................................... has, at or in relation to an inquest held by me at ........................................................................... in Hong Kong on the ............. day of ............. 19 ............., committed the following act ........................................................................................................................... and such act being an act by virtue of which I have power under section 47 of the Coroners Ordinance (Cap. 504) to commit the said ............................................ to prison for a specified period not exceeding 2 months [and having the consent of the Secretary for Justice to exercise such power]*: YOU, THE SAID POLICE OFFICERS, ARE HEREBY COMMANDED to take the said and to safely convey him to a prison, and there to deliver him to the Commissioner of Correctional Services, together with this warrant: YOU, THE SAID COMMISSIONER OF CORRECTIONAL SERVICES, ARE HEREBY COMMANDED to receive the said into your custody in a prison, and there imprison him for such his act for the space of .......... days; and for your so doing this shall be sufficient warrant. Dated this ............ day of ........................ 19 ........ Coroner * Delete if section 47(3) of the Coroners Ordinance (Cap. 504) is not applicable. (L.N. 362 of 1997) _ Form 15 [rule 17] Register of Deaths Reported to the Coroner Date on which death is reported Burial/ cremation order number Name of deceased Sex and age of deceased Cause of death External cause (if applicable) Findings at inquest (if any)