What is manslaughter?

What is manslaughter?

Under Hong Kong law and common law, manslaughter falls within three categories:

1. Unlawful Dangerous Act Manslaughter: the defendant commits a less serious offence, but the act itself is objectively dangerous and causes death.
2. Gross Negligence Manslaughter: the defendant’s gross negligence breaches the duty of care owed to others, causing death.
3. Voluntary Manslaughter: the defendant kills the victim, but due to some defences (such as diminished responsibility or provocation etc.), the charge is reduced from murder to manslaughter.

For example, in a fire incident, if the fire is caused by someone’s failure to comply with fire and safety regulations, such as illegal alterations to electric systems, storage of large quantities of flammable materials in inappropriate places, prolonged obstruction of emergency escape routes, or disregard of other known serious safety hazards, and such conduct seriously deviates from reasonable safety standards, demonstrates a high degree of disregard to safety of life, and causes death, the responsible person may be charged with gross negligence manslaughter. On the other hand, if someone deliberately commits an illegal act, such as arson, or knowingly commits illegal operations despite being aware of explosion or collapse risk, and that causes death, the court may consider such unlawful dangerous acts to be manslaughter.

Manslaughter is a serious criminal offence, punishable by life imprisonment. The court will determine the final sentence based on the specific circumstances of the case, the defendant’s degree of responsibility, and the consequences.