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Memorial of Singapore

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Memorial of Singapore INTERNATIONAL COURT. OF JUSTICE CASE CONCERNING SOVEREIGNTY OVER PEDRA BRANCA/ PULAU BATU PUTEH, MIDDLE ROCKS AND SOUTH LEDGE (MALAYSIA/ SINGAPORE) MEMORIAL OF SINGAPORE VOLUM:E7 ( Annexes 149 to 206 ) 25 MARCH 2004 Annex 149 Sections 270 to 278 of the Singapore Criminal Procedure Code (1980 Reprint) Criminal Procedure Code CAP. 113 127 269. When a case is revised under this Chapter by the Orders on revision. High Court it shaJI certify its decision or order to the court by which the finding, sentence or order revised was recorded or passed, and the court to which the decision or order is so certified shaI1 thereupon make such orders as are conforrn­ ab]e to the dec.ision so certified, and if necessary, the record shall be amended in accordance therewith. [260 PART VIII · SPECIAL PROCEEDINGS CHAPTER XXX-INQUIRIES OF DEATHS Am. Act 20(70. 270. In this Chapter unless the context otherwise Interpretation. requires - Subs. Act 20/70. "ipquiry" means an investigation as to the cause of any death he1d by a Coroner;. "institution" means any place in which under any written law any person is or may be detained; "medical officer" means any pathologist or any medical officer in charge of any hospital; "view'' includes the making of any necessary external examination. [261 Procedure in case of Unnatural Death 271. The superintendent, manager or other person in Noti~ of death by charge of any institution within which any person dies shall f~ft![~Wi~ents of forthwith give notice of the death to a Coroner within · whose jurisdiction the institution lies. [262 272.-(1) On information being given to a police officer Duty ~f P?lice on of the death of any person or that the dead body of a person :::~vmg mforma­ has been found and that there is reason to suspect that the person came by his death in a sudden or unnatural mariner or by violence, or if the manner in which the person came by his death is unknown, that officer or some other police officer shall at once go to the spot where the body is lying or the death is believed to have occurred and use his best endeavours to discover the cause of the death of the deceased and may arrest any person whom he reasonably suspects of having caused the death. (2) As soon as possible after that officer has seen the dead body or started his investigation he shall notify a Coroner stating any particulars concerning the cause of death which l 11101 128 CAP. 113 Criminal Procedure Code have come to his knowledge) and giving his opinion as to whether the death was due to any unlawful act or omission or not. Removal of body (3) In any case where the death has not been reported to a by order of police officer. Coroner as due to any un]awful act or omission any police Am. Act 21 /73. officer who has viewed the body and thereafter certified in writing that there appears no reason to suspect that the death was due to any unlawful act or omission may cause the body to be removed to such place as that officer directs, pending the order of a Coroner, and every such certificate shall be delivered to· the Coroner. (4) A police officer .investigating the circumstances con­ nected with any death which has been reported to a Coroner under the provisions of this section shall from time to time furnish that Coroner with any further particulars concerning the death which may subsequently come to his knowledge, together with the name of any person who has been arrested and charged in connection with the death. [263 Coroner's Order for Burial of Body View of body by 273.-( I ) Where the finding of a dead body under the Coroner or burial without view. circumstances mentioned in section 272 is reported to or com3s to the knowledge of a Coroner within whose jurisdiction the dead body has been found, that Coroner - (a) shall, as soon as possible, proceed to the place where the body is and view the body; or (b) may order the body to be removed to some more convenient place, and, subject to the provisions of paragraph (c), shall view the body at that place; Of (c) if the death has not been reported as due to any unlawful act or omission, may, if it appears to him. unnecessary to view the body, forthwith issue an order for the burial thereof. Pre1iminary (2) In the case of every such dead body as is referred to investigation. in subsection (I) the Coroner sha11 make a preliminary investigation. · Am. Act 20 / 70. (3) If he considers after making a preliminary investiga­ tion that death was due to natural causes and that it is unnecessary to hold an inquiry, he may if the body is still unburied, issue an order for the burial thereof. (4) Such order may be issued either before or -after any examination of the body by a medical officer. ! 1111 I Criminal Procedure Code . CAP. 113 129 :~: ~- .. ,; ·. ~ ... ~ ~ · ·- ..·~ ~ ~ t= r (5) In every case where a body' is buried by order of a Am. Act 20110. Coroner and no inquiry is held, the Coroner shall report the· facts to the Public Prosecutor ,,w.ith his reasons for not holding an inquiry and shall transmit all reports and documents in his possession connected with the matter. · [264 274.-(1) In cases where the body has not been buried as ~uri~I order where provided in section 273 - !~\U:~eld. (a) if an inquiry is to be held and a Coroner considers Am. Act 2017o. that it is unnecessary to order a post mortem examination of the body of the deceased person to be made, he may authorize the burial of the body without any such examination; (b) if an inquiry is to be held and a Coroner considers it expedient to order a post mortein examination of the body of the deceased person to be made, he may authorize the burial of the body after such examination has been duly made by the medical officer. (2) The authorisation for burial under this section may be Subs. Act 20170. given by a Coroner at any time after he has viewed the body. [265 Inquiries 275. Where the finding of a dead .body under the circum- Holding of inquiry. stances mentioned in section 272 is reported to or comes to Am. Act 20/70. the knowledge of a Coroner within whose jurisdiction the dead body has been found, that Coroner shall, subject to section 273, hold an inquiry. [266 276. An inquiry shall be held in every case of the death of Inquiry in e3:se . a pP.rson detained in an institution or of a person who suffers ris:~1ind~i~g m · capital punishment. · [267 suff~ring capital punishment. Subs. Act 20 / 70. 277.-( l) Where the dead body of any person has been Powb~r of . Pu 11c Prosecutor found, the Public Prosecutor may reqmre any Coroner to to require inquiry hold an inquiry into the cause of, and the circumstances to be held. connected wit· h, t he d ea th o f t hat person, and every C oroner Subs. Act 20· /70. so required may and shall hold such inquiry. (2) The Public Prosecutor may also direct whether the body shall or shall not be exhumed and the Coroner shall comply with such direction. [268 11112 I 130 CAP. 113 Criminal Procedure Code Inquiry 278. ~ihen a Coroner has reason to believe that a death where body deslroyed or has occurred within his jurisdiction in such circumstances irrecoverable. that an inquiry ought to be held., and that owing . to Am. Act 20/70. the destruction of the body by fire or otherwise or to the fact that the body is lying in a place from which it cannot be recovered, an inquiry cannot be he1d except by virtue of the provisions of this section, he may report the facts to the Pub1ic Prosecutor and the Public Prosecutor may, if he considers it desirable so to do, direct that an inquiry shall be held accordingly and the law relating to Coroners and Coroners' inquiries shall apply with such modifications as may be necessary in consequence of the inquiry being held otherwise than on or after view of a body lying within the· Coroner's jurisdiction. (269 Adjournment of 279.~( I) ff on an inquiry touching the death of any inquiry in cases of murder, culpable person a Coroner is informed that some person has been homicide not charged before a District Judge or Magistrate with the amounting to murder, or causing murder, culpable homic.ide not amounting to murder, or death by rash or causing death by a rash or negligent act, of the deceased, he negligent act, when any person shall, in the absence of reason to the contrary, adjourn the has been charged inquiry until after the conclusion of the crimin.al proceedings. before a court in connection with such death. Am. Act 20 /70. Am. Act 20/70. (2) After the conclusion of the criminal proceedings the Coroner may, subject as hereinafter provided, resume the adjourned inquiry if he is of opinion that there is sufficient cause to do so: Am. Act 20/70. Provided that, if in the course of the criminal proceedings any person has been committed for trial before the High Court or tried by a District Judge, then upon the resumed inquiry no inquisition shall charge that person with an offence of which he could have been convicted at such tria1 or contain any finding which is inconsistent with the result J.
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