Trevor Wan
Hong Kong Law Journal, Vol. 55, Part 1 of 2025, pp.11 - 28
Abstract: Section 20 of the Hong Kong Coroners Ordinance (Cap 504) empowers the Secretary for Justice and any other properly interested persons to apply to the Court of First Instance for an order that a death inquest be held if “a coroner has failed to hold an inquest which ought to be held”. In Leung Shuk Ling and others v Coroner [2023] 4 HKLRD 264, the Court of Appeal for the first time outlined the proper approach to a s 20 application whereby the “public interest” is implicated. This article presents a critical analysis of the reasoning in Leung Shuk Ling, focusing on the legal and statutory basis of the “public interest” factor as well as the necessary limits that should be placed upon it.
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