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Process and Timing

Will the Coroner hold an inquest into the deaths from the Tai Po Fire?

The Coroner has the power to hold an inquest but is not required to do so. If the cause and circumstances of the deaths are already clear (for example, from the report of the Independent Committee established by the government), the Coroner can decide there is no need for a separate inquest.

 

If the Coroner declines to hold an inquest, family members or other ‘properly interested persons’ (for example, the deceased’s doctor or lawyer) may apply to the Court of First Instance for an order requiring the Coroner to hold an inquest. The Secretary for Justice also has the power to order the Coroner to hold an inquest.   

 

Is there a time limit for holding an inquest?

The law does not provide a clear deadline for holding an inquest. For example, the inquest into the 2012 Lamma Island ferry collision only began in May 2025, almost 13 years after the incident. 

 

In practice, the Coroner will decide whether to hold an inquest after related police investigations, criminal trials, and official reports are completed.   

 

Can the Coroner pause or postpone an inquest because of related criminal proceedings?

If someone is charged with an offence connected with the death (such as murder) before the inquest concludes, or if the Coroner believes that a person who has appeared in the inquest, for example as a witness, may have committed such an offence, the Coroner may pause or postpone the inquest until the related criminal proceedings are completed. 

 

How does an inquest relate to criminal investigations conducted by the police? 

Police investigate possible crimes, while an inquest investigates the cause of and circumstances surrounding the death. The two processes are separate. 

 

The inquest relates to police investigations in multiple ways. Police collect evidence during their investigations which may then be used in the inquest. Police also prepare and submit to the Coroner a death investigation report of the deceased. This report helps the Coroner decide whether to hold an inquest. 

 

However, police investigations are not a substitute for an inquest. Even after police investigations and subsequent criminal proceedings, the Coroner may still hold an inquest.

 

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