Inquests Ordinance, 1933

Prepared and Compiled by

STATE ATTORNEY-GENERAL’S CHAMBERS

SARAWAK

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This Ordinance may be cited as the Inquests Ordinance.

Interpretation

“cause of death” includes not only the apparent cause of death as ascertainable by inspection or post-mortem examination of the body of the deceased, but also all matters necessary to enable an opinion to be formed how the deceased came by his death and whether his death resulted in any way from, or was accelerated by, any unlawful act or omission on the part of any other person;

“Government” includes the Government of the Federation and the Government of any State thereof;

[Mod. F.L.N. 213/65.]

“hospital assistant” includes any person or class of person authorized by the Director of Medical Services to act as such for the purpose of this Ordinance;

[Added Ord. No. 19/62.]

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“Medical Officer” means a registered medical practitioner employed by Government or, if no such officer is available, any other duly registered medical practitioner;

[Amended by Commissioners of Law Revision]

“officer in charge of a police station” means the officer appointed to perform the duties of that office or, when such officer is absent therefrom or unable from illness to perform his duties, the police officer present and acting in the station who is next in rank below such officer;

“place” includes a house, building, tent and vessel.

NOTES:

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(1)

If an officer in charge of a police station receives information—

—

(1)

Every person making an investigation under section 3

shall, if there appears to him any reason to suspect that the deceased came by his death in a sudden or unnatural manner or by violence, or that his death resulted in any way from or was accelerated by any unlawful act or omission on the part of any other person, at once inform the nearest Medical Officer, and shall take or send the body to the nearest Government hospital or other convenient place for the performance of a post-mortem examination of the body by a Medical

Officer:

Provided that, if such person is satisfied as to the cause of death and that the deceased came by his death by accident, or that in all the circumstances of the case, including the state of the body and the difficulties of communication, he is of the opinion that no useful purpose would be served by a further examination, he may order the body to be buried forthwith.

—

(1)

Upon receiving the information referred to in section 4

a Medical Officer or hospital assistant shall, as soon as practicable, perform a post-mortem examination of the body of the deceased.

The Medical Officer or hospital assistant making any such examination shall draw up a report of the appearance of the body and of the conclusion which he draws therefrom, and shall certify as to the cause of death and shall date and sign the report and transmit it to the officer in charge of a police station who shall attach it to the report forwarded under section 3. [305]

[Amended by Ordinance 11 of 1956]

—

(1)

If the Magistrate shall be satisfied, without holding an inquest, as to the cause of death, and that the death did not result in any way from, or was not accelerated by, any unlawful act or omission, he shall report to the Public Prosecutor through the Resident the cause of death as ascertained to his satisfaction, with his reasons for being so satisfied, and shall at the same time transmit to the Public Prosecutor through the Resident all reports and documents in his possession connected with the matter.

Notwithstanding section 7, when any person dies while in the custody of the police, or in a mental hospital, or prison, or whilst in the custody of any public officer, or in custody in any other place appointed or authorized under any written law as a place in which any person or persons of a particular class may lawfully be detained, the officer who had the custody of such person or was in charge of such mental hospital, prison or such other place, as the case may be, shall forthwith give intimation of such death to the nearest Magistrate; and such Magistrate or some other Magistrate shall hold an inquest into the cause of death and, for such purpose, may designate any person to make the investigation and report referred to in section 3, and such person shall for the purposes of such investigation be deemed to be a police officer.

[Amended by Ordinance 11 of 1956 and 2 of 1957]

—

(1)

A Magistrate holding an inquest shall have all powers which he would have in holding an inquiry into an offence under the

Criminal Procedure Code [Act 574].

[Amended by Commissioners of Law Revision]

A Magistrate holding an inquest shall ordinarily view the body of the deceased and may for that purpose cause such body to be exhumed:

Provided that a Magistrate may in his discretion dispense with viewing the body if, for a reason which he shall record, he considers it to be unnecessary.

A Magistrate holding an inquest shall inquire when, where, how and after what manner the deceased came by his death, and also whether any person is criminally concerned in the cause of such death.

—

(1)

The Magistrate holding an inquest shall record the evidence in the manner provided in Chapter XXV of the Criminal

Procedure Code [Act 574] for the recording of evidence in trials, other than trial of summons cases, and shall record his finding thereon, and shall forthwith transmit to the Public Prosecutor through the Resident the original of such evidence and finding duly authenticated by his signature, or a copy of such evidence and finding certified under his hand as correct.

[Amended by Commissioners of Law Revision]

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—

(1)

Notwithstanding the provisions of section 7, the Public

Prosecutor may at any time direct a Magistrate to hold an inquest into the cause of, and the circumstances connected with, any death such as is referred to in section 3, and the Magistrate to whom such direction is given shall thereupon proceed to hold an inquest, and shall record his finding as to the cause of death and also to any of the circumstances connected therewith with regard to which the Public Prosecutor may have directed him to make inquiry.

[Am. Swk. L.N. (F) 131/66.]

[Amended by Ordinance 11 of 1956]

—

(1)

If a jury has been summoned under section 9 (3), the

Magistrate shall not be required to arrive at or record a finding, but shall direct the jury as to their verdict, and shall record the verdict of such jury or, if they fail to agree, of the majority thereof which shall be deemed to be the finding of the jury and sections 12 and 13 shall in such case be construed with the modifications necessary to give effect to this section.