The Law Define Death
1. Brain-stem death (conclusive proof of death in law)
1. Cognitive death (not regarded as death in law)
i. Irreversible coma, persistent vegetative state (PVS)
ii. Loss of alert awareness, perception, reasoning, problem-solving, memory, and decision making
iii. Vegetative functions remain as brain-stem is still functioning
The Law Define Murder, Cap.212 (offences against the person ordinance)
1. s.2: convicted of murder shall be imprisoned for life
1. Actus reus: conduct causing the death of the deceased
2. Mens rea: intentional in bringing about the death (regardless of whether motive is benevolent or not)
3. Causation
4. Remoteness
5. 101 days.
Act .v. Omission
2. Active: by act
3. Passive: one caused by omission
1. Acts are culpable
2. Omissions are not culpable (unless the defendant is under a legal duty to act (parent & child, doctor and patient)
1. e.g.: assume intention to kill exist, pushed a girl into a pond :act of murder
2. e.g.: assume intention to kill exist, not to rescue a girl in a pond: omission, not murder
3. e.g.: assume intention to kill exist, a father not to rescue his daughter (legal duty to act):omission, murder
2. As a Professional Engineer, Professional Negligent
Duty of Care
The test for determining notional duty of care,
(1) Whether the damage is foreseeable.
(2) Whether there is a relationship of proximity between the parties;
(3) Whether the imposition of a duty would be fair, just and reasonable.
Reasonable foresee ability focuses on the knowledge that someone in the defendant’s position would be expected to possess.
3. Fiduciary Duty: The relationship of one person to another, where the former is bound to exercise rights and powers in good faith for the benefit of the latter; e.g. as between trustee and beneficiary. A court of equity will not allow a person in a fiduciary position (unless expressly so entitled) to make a personal profit or to put himself in a position where his duty and his interest conflict.
5. Professional Ethics, Bribery