Coroners and Inquests

The Coroners Ordinance (Cap 504) provides the legal framework for the functioning of the Coroners Court in Hong Kong. This court is tasked with investigating the causes and circumstances surrounding certain deaths, particularly where there are questions about the cause of death or concerns related to public health and safety.

The Role of the Coroners Court

Inquests in the Coroners Court serve a fundamental purpose:

• Investigation of Deaths: The Coroners Court has the authority to hold inquests into deaths that occur under specific circumstances, including unexplained, sudden, or violent deaths. These inquiries aim to establish the facts surrounding the death, including its cause and the context in which it occurred.

• Jury Involvement: Inquests may be conducted with or without a jury, depending on the circumstances of the case. The involvement of a jury can provide a broader perspective on the issues at hand, particularly in contentious cases where the cause of death may be disputed.

Expertise at Liberty Chambers

Members of Liberty Chambers are highly experienced in providing legal representation and advice concerning inquests conducted under the Coroners Ordinance. Their expertise encompasses several essential aspects:

• Advising on Inquest Proceedings: Barristers at Liberty Chambers guide clients through the complexities of inquest proceedings, helping them understand their rights and the legal processes involved. This includes advising families of the deceased, medical practitioners, hospitals, and pharmaceutical manufacturers who may have an interest in the proceedings.

• Representation at Inquests: Legal representation at inquests is crucial, particularly when contentious issues regarding the cause of death arise. Liberty Chambers’ barristers advocate on behalf of their clients during the inquest, ensuring that their interests are adequately represented.

• Examination of Witnesses: With permission from the Coroner, witnesses can be called to give evidence at the inquest. Members of Liberty Chambers are adept at examining and cross-examining witnesses, focusing on eliciting information that is pertinent to the issues being adjudicated. Their experience ensures that they can effectively challenge inconsistent accounts and explore relevant evidence.

Types of Interested Parties

Various parties may require legal representation during inquests:

• Families of the Deceased: Often, family members seek to understand the circumstances surrounding a loved one’s death. Lawyers from Liberty Chambers provide compassionate support and expert legal assistance, ensuring families can properly express their concerns and request critical information during the proceedings.

• Medical Practitioners and Hospitals: Healthcare providers may also be represented at inquests, especially in cases where questions arise regarding the care provided to the deceased. Liberty Chambers offers defence representation to protect their interests and reputations.

• Pharmaceutical Manufacturers: In cases where a death may involve the use of medication or medical devices, pharmaceutical companies may seek representation to safeguard their interests. Members of Liberty Chambers are experienced in addressing the potential liabilities and public perceptions involved.

Criminal Offences Related to Inquests

The Coroners Ordinance stipulates significant provisions concerning the referral of matters to the Secretary for Justice:

• Criminal Offences: If, during an inquest, evidence emerges that suggests a criminal offence—such as murder, manslaughter, infanticide, or death by dangerous driving—may have been committed, the Coroner must adjourn the inquest and refer the matter to the Secretary for Justice. This ensures that appropriate criminal proceedings may be pursued, stemming from the inquest findings.

• Navigating Legal Complexity: Members of Liberty Chambers are skilled at navigating the legal complexity surrounding these referrals, assisting clients in understanding how the inquest findings might impact any subsequent criminal proceedings.

Conclusion

In conclusion, the barristers at Liberty Chambers possess extensive expertise in matters relating to Coroners and Inquests in Hong Kong. Through their comprehensive knowledge of the Coroners Ordinance and related legal procedures, they provide invaluable support and representation to clients navigating inquests. Whether representing grieving families, healthcare professionals, or corporations, the barristers focus on ensuring that all relevant evidence is thoroughly examined and legal rights are protected throughout the inquest process.