The Year and a Day Rule in Homicide
(HKLRC Report)
This 1997 report recommended the abolition of the "Year and a Day" rule in relation to homicide cases. This rule precluded prosecution for murder or manslaughter where the death of the victim occurred more than a year and a day after the original injury was inflicted.
Advances in medical science had rendered the rule outmoded and unnecessary. The rule could lead to unfortunate results, such as where, for instance, an accused could escape prosecution for murder because the victim had been kept alive on a life support machine for 13 months after the original injury.
The report's recommendations were implemented by the Statute Law (Miscellaneous Provisions) Ordinance in June 2000
Press Release (PDF) (MS Word) |
Report (PDF) (MS Word) |