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Chapter 174
Births and Deaths Registration Ordinance
12/12/2019
4.
Register forms
(1) The Registrar shall cause to be supplied to all register offices
set out in the First Schedule register forms of births and
register forms of deaths which shall be respectively in the
prescribed form.
(See Forms 1 & 2) (Amended 80 of 1997 s.
49; 8 of 2006 s. 10)
(2) The particulars required to be registered concerning any birth
or death shall be the particulars specified in the said forms.
(3) The Registrar shall cause to be kept in his department—
(a) the register books of births and the register books of
deaths kept at the general register office and district
registry offices immediately prior to 6 November 1995;
(b) a births register, in which shall be recorded the
particulars of the birth of any child that are registered
under this Ordinance on or after 6 November 1995; and
(c) a deaths register, in which shall be recorded the
particulars of the death of any person that are registered
under this Ordinance on or after 6 November 1995.
(Replaced 80 of 1997 s. 49)
(4) (a) The Registrar may cause the register books, whether in
the form of paper or microfilm, or any part of them to be
recorded in the form of digital image, and for the
purposes of subsection (3)(a), the register books, whether
in the form of paper or microfilm, or such part of them as
the Registrar sees fit may be kept in the form of digital
image.
(b) The births register and the deaths register shall be
compiled from signed register forms which are recorded
in the form of digital image in accordance with section 5.
(Replaced 8 of 2006 s. 10)
(5) An entry of birth or death in the register shall, in the case of
non-Chinese, be in the English language and in the case of
Chinese shall be both in the English and the Chinese
languages.
(Added 80 of 1997 s. 49)
Chapter 174
Births and Deaths Registration Ordinance
12/12/2019
14.
Information of death to be given in various cases to registrar,
etc.
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(1) When a person dies in a house it shall be the duty of the
nearest relatives of the deceased present at the death or in
attendance during his last illness, and, in default of such
relatives, of each person present at the death or in attendance
during the last illness, and of any occupier of the house in
which, to his knowledge, the death took place, and, in default
of any such persons, of each inmate of such house, and of the
person causing the body of the deceased to be buried, to give,
to the best of his knowledge and belief, to a registrar within 24
hours (exclusive of the time necessary for the journey and of
any intervening hours of darkness and of general holidays as
defined by the General Holidays Ordinance (Cap. 149)) after
such death, information of the particulars required to be
registered concerning such death, and in the presence of the
registrar to sign and submit to such registrar a register form
completed with the information so given, and such death shall
be deemed to be registered in the deaths register on the
submission of the signed register form:
(Amended 80 of 1997
s. 58; 35 of 1998 s. 5)
Provided that where no such informant as aforesaid is
forthcoming, the person finding the body shall within 24 hours
after such finding proceed as provided in subsection (2).
[cf.
1874 c. 88 s. 10 U.K.]
(2) When a person dies in a place which is not a house, or a dead
body is found elsewhere than in a house, it shall be the duty of
every relative of the deceased, having knowledge of any of the
particulars required to be registered concerning the death, and,
in default of such relative, of every person present at the death,
and of any person finding and of any person taking charge of
the body, and of the person causing the body to be buried, to
give to the officer in charge of the nearest police station,
within 24 hours after the death or the finding, such
information of the particulars required to be registered
concerning the death as the informant possesses, and such
particulars shall be forthwith forwarded by the said officer to a
registrar.
[cf. 1874 c. 88 s. 11 U.K.]
(3) When an inquest is held by a coroner into the death of any
person the coroner holding the inquest shall inquire of the
particulars required to be registered concerning the death and
shall send to the Registrar within 24 hours after the
termination of the inquest, a certificate under his hand giving
information concerning the death and specifying the said
particulars and the time and place at which the inquest was
held and the Registrar shall cause the deaths and particulars to
be duly registered. When an inquest is held by a coroner on
any dead body no person shall with respect to such dead body
or death be subject to any penalty for failing to give
information in pursuance of any other provision of this
Ordinance.
(Amended 57 of 1967 Schedule; L.N. 374 of 1991;
27 of 1997 s. 70
) [cf. 1874 c. 88 s. 16 U.K.]
(4)
(Repealed 80 of 1997 s. 58)
Chapter 174
Births and Deaths Registration Ordinance
12/12/2019
20.
Provisions as to certificates of cause of death
With respect to certificates of the cause of death, the following
provisions shall have effect—
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(a) the Registrar shall, on the application in writing of a
registered medical practitioner, furnish him with a book
of printed forms of certificates of death in the prescribed
form;
(See Form 18)
(b) in case of the death of any person who has been attended
during his last illness by a registered medical
practitioner, that practitioner shall forthwith sign and
give to some person required by this Ordinance to give
information concerning the death a certificate, in the
form prescribed by this section, stating to the best of his
knowledge and belief the cause of death, and such person
shall, on giving information concerning the death, deliver
that certificate to a registrar; and the cause of death as
stated in that certificate shall be entered in the register:
Provided that the practitioner shall not sign that
certificate unless he has personally viewed the body of
that person and is satisfied that death has occurred or, if
the death has occurred in a hospital, he has received a
notice from another registered medical practitioner
stating that the other practitioner has personally viewed
that body and is satisfied that death has occurred;
(Amended 40 of 1967 s. 2; 27 of 1997 s. 71)
(c) where an inquest is held on the body of any deceased
person, or where a coroner has issued a burial order, a
medical certificate of the cause of death need not be
given;
(Amended 57 of 1967 Schedule; 27 of 1997 s. 71)
(d) for the purpose of securing uniformity in the death
returns, the cause of death certified by a registered
medical practitioner, or by any medical officer in any
branch of Her Majesty’s service, or by a coroner shall, so
far as possible, be described in strict accordance with
such classification as may be prescribed. If in any
certificate the cause of death is not so described, it shall
be lawful for a registrar to refuse to register the cause of
death as thus certified, and to proceed in the manner
provided by section 21 for cases in which that officer
suspects that the reported cause of death is not the true
cause.
(Amended 1 of 1965 s. 8; 57 of 1967 Schedule)
[cf. 1874 c. 88 s. 20 U.K.]
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