MARRIAGE ORDINANCE, 1875

MARRIAGE ORDINANCE, 1875

No. 7 of 1875.

An Ordinance to provide a general register of marriages
celebrated in the Colony.
[1st March, 1876.]

[Preamble, rep. No. 62 of 1911.]

1. this Ordinance may be cited as the Marriage Ordinance,
1875.

2.-(1) The Secretary for Chinese Affairs shall be Re-
gistrar of marriages, and, to assist him, the governor may
appoint one or more Deputy Registrars, and such deputies
may celebrate marriages, and may exercise all the other
powers and perform all the duties conferred upoon the
Secretary for Chinese Affairs by this Ordinance.

(2) all acts done by a deputy shall be as valid as if done
by the Secretary for Chinese Affairs.

3. The Governor may license any place of public worship
to be a place for the celebration of marriages, and may at
any time cancel any such licence.

* As amended by Law Rev. Ord., 1923.


4. Whenever the Governor grants or cancels any such
licence, the Secretary for Chinese Affairs shall give public
notice thereof in the Gazette.

5.-(1) Whenever any persons desire to marry, one of the
parties to the intended marriage shall give notice thereof to
the Secretary for Chinese Affairs in Form No. I in the
First Schedule.

(2) Every such notice shall be signed by the party
the notice.

6.-(1) The Secretary for Chinese Affairs shall file every
such notice in his office.

(2) He shall exhibit one copy of such notice at the office
of the Secretary for Chinese Affairs, and may, if he, thinks fit,
exhibit copies in other conspicuous places open to the public,
and shall keep every such copy so exhibited until he issues
a certificate as hereinafter mentioned or until the three
months referred to in section 10 expire.

(3) He shall also enter a copy of the said notice, with the
date of such entry, in a book to be called the Marriage Notice
Book.

(4) He shall allow any person to inspect such book during
other hours without fee.

7. The Secretary for,Chinese Affairs shall supply forms of
notice gratuitously to persons applying for the same.

8, At any time not more than three months or (except
when the Governor grants a licence) less than fifteen days
after the giving of such, notice, the Secretary for Chinese
Affairs shall, on the request of either, of the parties, issue a
certificate in Form No. 2 in the First Schedule.

9. The Governor may, at any time after a party has given
notice as aforesaid, grant a licence, in Form o. 3 in the
First Schedule, authorising the Secretary for Chinese Affairs
to issue his certificate on or after any day named in such
licence.

* As amended by Law Rev, Ord., 1923.


10. If the marriage does not take place within three
months after the giving of the above-mentioned notice, the
notice given and all proceedings thereupon shall be, utterly
void, and fresh notice will be required before any marriage
can be had between the parties.

11.-(1) The Governor may, when he sees, fit, grant a
special licence, in Form No. 4 in the First Schedule, dispens-
ing with notice as-aforesaid, or with the certificate of the
Secretary for Chinese Affairs or with both, and authorising
celebration of a marriage between the parties named
at a place and at a time specified in the licence.

(2) The Governor may grant such licence without payment
of any fee, or on payment of such reduced fee as, in the
special circumstances of thecase, he may think sufficient.

12. Before the Secretary for Chinese Affairs issues any
certificate and before the Governor grants any licence, one
of the parties to the intended marriage shall appear personally
before the Secretary for Chines'e Affairs and make affidavit
(which the Secretary for Chinese Affairs is hereby affidavit
to take) that he or she believes that there is not any impedi-
ment of kindred or alliance or any other lawful hindrance
to the marriage, and either that the consent of the parties
required by law to consent to the marriage has been obtain-
ed or that no such consent is required.

13. If either party to the, intended marriage, not being a
widower or a widow, is under twenty-one years of age, the
written consent of the father, or, if he is dead or non compos
mentis, of the mother, or, if both are dead or non compos
mentis, of the lawful guardian of such party, must be
produced to the Secretary ofr Chinese Affairs before he
issues a certificate or to the Governor before he grants a
licence.

14. If there is no parent or guardian of such party
residing in the Colony and capable of consenting, the
Secretary for Chinese Affairs may give his consent in writing
to the marriage, if on inquiry the marriage appears to him
to be proper, and such consent shall be as effectual as if the
father or mother or guardian had consented.

* As amended by Law Rev. Ord., 1923.






















(1) Any person whose consent is required as afore-
said may forbid the issue of the certificate of the Secretary
for Chinese Affairs by writing the word Forbidden
opposite the entry in the Marriage Notice Book, and by
signing his name and the character in which he forbids the
issue.

(2) If the issue of any certificate. is so forbidden, the
notice and all proceedings thereupon shall be void.

16.-(1) If either of the parties to the intended marriage
alleges that the person forbidding the issue of the certificate
is not authorised by law to do so, the Secretary for Chinese
Affairs shall inquire into the matter, and if he is satisfied
that the person is not so authorised, he may proceed to issue
the certificate in due course, without reckoning the time
that has elapsed since the issue was forbidden.

(2) For the purposes of such inquiry or of any inquiry
under section 14, the Secretary for Chinese Affairs may,
administer an oath to any person.

17.-(1) If the Secretary for Chinese Affairs considers
that the person forbidding the issue of the certificate is
authorised to do so, either of the parties to the intended
marriage may appeal by petition to the Supreme Court, and
the court or judge may hear and determine the matter of the
petition in a summary way.

(2) Such determination shall be final and the Secretary
for Chinese Affairs shall proceed in accordance therewith,
without reckoning the time that has elapsed since the issue
was forbidden.

[s. 18, rep. No. 21 of. 1922.]

19.-(1) Marriages may be celebrated in any licensed
place of worship by any competent minister of the church,
denomination, or body to which such place of worship
belongs, and according to the rites or usages of marriage
observed in such church, denomination, or body, provided
that the marriage is celebrated with open doors, and (except
in case of a special licence) between 6 a.m. and 6 p.m., and
in the presence of two or more witnesses, besides the officiat-
ing minister.

* As amended by Law Rev. Ord., 1923.


(2) No minister shall celebrate any marriage until the
parties deliver to him the certificate of the Secretary for
Chinese Affairs or the Governor's special licence.

20.-(1) The Secretary for Chinese Affairs shall cause to
be prepared and delivered to the several licensed places of
worship books of marriage certificates in duplicate and with
butts in Form No. 5 in the First Schedule.

(2) The certificate shall be signed in duplicate by the
officiating minister, by the parties, and by two or more
witnesses to the marriage.

(3) The minister shall deliver one certificate to the
immediately after the marriage, and shall transmit the other
to the Secretary for Chinese Affairs within seven days there-
after, who shall file the same in his office.

(4) The officiating minister shall enter in the butt the
names of the parties and the date of the marriage.

21.-(1) After the issue of a certificate, by the Secretary
for Chinese Affairs, the parties may, if they think fit, contract
a marriage before the Secretary for Chinese Affairs: Provided
that, before they are permitted to do so, each of the parties
shall sign a written declaration in the presence of the
Secretary for Chinese, Affairs, which he shall witness, in
Form No. 6 in the First Schedule.

(2) Such declaration shall, if necessary, be interpreted to
both or either of the parties In their or his or her own
language in the presence of the Secretary for Chinese Affairs,
and the person interpreting such declaration shall subscribe
his name to it interpreter.

(3) The marriage shall take place in the presence of two
or more witnesses, in the office of the Secretary for Chinese
Affairs with open doors, and (except in case of a special
licence) between 10 a.m. and. 4 p.m., and in the following
manner:-

(a) the Secretary for Chinese Affairs shall first address the
parties to the following effect:-

Know ye, A.B., and C.D., that by the public taking of
each other as man and wife in my presence and in the presence
of the persons now here, and by the subsequent attestaton

* But see No. 3 of 1893, for marriages in articulo mortis.
+ As amended by Law Rev. Ord., 1923.


thereof by signing your names to that effect, you become
legally married to cach other although no other rite of a civil
or religious nature shall take place; and know further that
this marriage cannot be dissolved during your lifetime, except
by a valid judgment of divorce, and that if either of you,
before the death of the other, shall contract another marriage
while this remains undissolved, you will thereby be, gifilty of
bigamy, and be liable to the punishment inflicted for that
grievous offence.: and

(b) each of the parties shall then say to the other
I call upon all persons here present to witness that I,
A.B., do take thee, C.D., to be my lawful wife [or husband].

(4) The Secretary for Chinese Affairs and the parties and
witnesses shall thereUpon sign duplicate certificates in the
form and manner hereinbefore prescribed.

(5) The Secretary for Chinese Affairs shall deliver one
certificate to the parties and shall file the other in his office.

22. Whenever the Governor's special licence authorises
the celebration of a marriage at a place other than a registered
place of worship or the office of the Secretary for Chinese
Affairs, the Secretary , for Chinese Affairs, on taking the
affidavit of one of the parties to the marriage, shall deliver
to him or her a blank certificate of marritige in duplicate,
and the minister celebrating the marriage, the parties, and
two witnesses shall sign the same, in manner hereinbefore
prescribed, and the minister shall deliver one certificate to
the parties, immediately after the marriage, and shall trans-
mit the other to the Secretary for Chinese Affairs within
seven days thereafter, and the Secretary For Chinese Affairs
shall file the same in his office.

23. The Secretary for Chinese Affairs shall register all
certificates of marriage filed in his office in such order and
manner as he thinks best suited for easy reference thereto.

24. Any certificate of marriage filed in the office of the
Secretary for Chinese Affairs, or a copy thereof, provided
it purports to be signed and certified as a true copy by the
Secretary for Chinese Affairs and to be sealed or stamped
with his official seal, shall be admissible as evidence of the
marriage to which the same relates in any court or before
any person having by law or by consent of parties authority
to hear, receive, and examine evidenc.

* As amended by Law Rev. Ord., 1923.













25. The Secretdry for Chinese Affairs may, when authorised
by the Colonial Secretary to do so, correct any clerical
error in any certificate of marriage on production to him
of the certificate delivered to the parties, and shall au-
thenticate every such correction by his signature, or by
marking the same with his initials, and the date of making
the correction.

25A. The Secretary for Chinese Affairs may allow
searches to be made amongst all certificates, licences,
registers, and indexes in his possession and give a certified
copy of any entry therein, and issue a certificate to the
effect that there is no record of a marriage between certain
persons named having taken place.

26.-(1) No marriage shall be valid which would be null
and void on the ground of kindred or affinity in England or
Wales.

(2) A marriage shall be null and void if both parties
knowingly and wilfully acquiesce in its celebratin in any
place other than the office of the Secretary for Chinese
Affairs or a licensed place of worhsip (except when authoris-
ed by special licence), or under a false name or without a
certificate of notice or licence duly issued, or by a person
not being a competent minister or the Secretary for Chinese
Affairs or his deputy.

(3) But no marriage shall, after celebration, be deemed
invalid by reason that any provision of this Ordinance, other
than the foregoing, has not been complied with.

27. All marriages celebrated under this Ordinance shall
be good and valid in law to all intents and purposes.

28. Every person who, knowing that the written consent
of the proper person as herein prescribed has not been
obtained, marries, or assists or procures any other person
to marry, a person under the age of twenty-one years, not
beng a widow or widower, shall be guilty of a misdemeanor,
and shall be liable tio imprisonment for any term not
exceeding two years.

* As amended by Law Rev. Ord., 1923.


























29. Any minister who-

(1) wilfully celebrates a marriage in the case of a minor,
without such written consent as herein prescribed; or

(2) wilfully celebrates a marriage contrary to any other
provision of this Ordinance, or knowing that any provision
of this Ordinance has not been complied with,

shall be guilty of a misdemeanor, and shall be liable to
imprisonment, without hard labour, for any term not, exceed-
ing two years.

30. Any minister who, after celebrating a marriage, fails
to transmit the certificate thereof to the Secretary for Chinese
Affairs within seven days thereafter shall be liable to a fine
not exceeding fifty dollars.

31. Every poerson who wilfully removes, defaces, alters, or
destroys any copy of a notice of intended marriage shall be
liable to a fine not exceeding twenty-five dollars.

32. Every person who knowingly and wilfully celebrates
or pretends to celebrate a marriage, not being legally com-
petent to do so, shall be guilty of a misdemeanor, and shall
be liable to imprisonment for any term not exceeding two
years.

33. All fines for offences against this Ordinance may be
recovered in a summary way before a magistrate.

34. the forms in the First Schedule may be used in the
cases to which they are applicable with such alterations as
circumstances may render necessary.

35. The fees specified n the Second Schedule shall be
paid to the Secretary for Chinese Affairs for the several
matters to which they are applicable: Provided always that
it shall be lawful for the Governor in Council to make such
alterations therein as shall be deemed advisable.

36. The Secretary for Chinese Affairs may, in any case
where he is satisfied of the poverty of the parties, reduce the
amount of the said fees or even remit them altogether.

* As amended by Law Rev. Ord., 1923.


















37. Chnese persons may be permitted to contract marriage
before the Secretary for Chinese Affairs under this Ordinance
only on proving to his satisfaction-

(a) that both parties were born in the Colony or are per-
manently resident therein; and

(b) that a marriage has aleready been contracted or is about
to be contracted between the parties according to the rites
and customs observed in China; and

(c) that neither of the parties has living an undivorced
husband or wife other than the person with whom she or he
desires to contract marriage under this Ordinance.

Provided always that the Governor shall have power where
the circumstances appear to him to justify his so doing to
grant a special licence under section 11 to any person who
desires to contract a marriage under this Ordinance, and in
such case this Ordinance shall apply to the marriage of the
parties in respect of whom the special licence is granted.

38. Save as is provided by section 37, this Ordinance
shall apply to all marriages where neither of the parties has
living an undivorced husband or wife, except marriages
between persons neither of whom professes the Christian
religion duly celebrated according to the personal law and
religion of the parties.

FIRST SCHEDULE. [s. 34.]

FORM No. 1 [s. 5.]
Notice of Marriage.

To the Secretary for Chinese Affairs of Hongkong.
I hereby give you notice that a marriage is intended to be had,
within three months from the date hereof, between me and the other
party herein named.


Witness my hand this day of 19 .
(Signed) Party giving the notice.

* As amended by Law Rev. Ord., 1923.
































* As amended by Law Rev. Ord., 1923.


FORM No. 2. [s. 8.]

Certificate of Secretary for Chinese Affairs.

I, , Secretary for Chinese Affairs of Hongkong, do
hereby certify that on the day of , 19 , notice
was duly entered in the Marriage Notice Book of the said Colony of
the marriage intended to be had between the parties herein named
and described.



The issue of this certificate
Date of notice entered ,19 . has not been forbidden by
Date of certificate given ,19 . any person authorised to
forbid the issue therof.

Witness my hand this day of ,19

(Signed.) Secretary for Chinese Affairs.

This certificate will be void unless the marriage is solemnized on or
before the day of , 19 .

This certificate was issued by virtue of the Governor's licence dated
the day of ,19 .


FORM No. 3 [s.9.]

Licence to Secretary for Chinese Affairs to issue certificate.
HONGKONG.

The Marriage Ordinance, 1875, section 9.

Whereas on the day of , 19 , notice was
given to the Secretary for Chinese Affairs of a marriage intended to be
had between A.B. and C.D. therein mentioned, and the said A.B.
desires to obtain a licence for the immediate issue of a certificate of
such notice, and has made before the said Secretary for Chinese Affairs
the affidavit required by the marriage Ordinance, I do hereby
authorise the said Secretary for Chinese Affairs to issue the said
certificate, at any time on or after the day of , 19 ,
and within 3 calendar months of the said day of , 19

(Signed.) Governor.

+ The date of the notice.

* As amended by Law Rev. Ord., 1923.

























FORM No. 4. [s.11.]

Special Licence.

HONGKONG.

The Marriage Ordinance, 1875, section: 11

Whereas A.B. and C.D. desire to marry, and sufficient cause has been
shown to me why such marriage should be allowed without the
formalities prescribed by the Marriage Ordinance, 1875: Now, therefore,
in pursuance of the said Ordinance, I do dispense,with the giving of
notice and the issue of the certificate thereby prescribed [or as the case
may be] and do hereby authorise any competent person to celebrate
marriage between the said A.B. and C.D. at [place of celebration] on
the day of 19 between the hours of
o'clock in the forenoon and o'clock in the afternoon.

Given under my hand this day of , 19 .

(Signed.) Governor.


242 No. 7 of 1875. MARRIAGE.


FORM No. 6. [s. 21.]

Declaration.

I, A.B of do hereby declare that I fully understand
that by publicly taking C.D. as my wife [or husband, as the case may
be] in the presence of the Secretary for Chinese Affairs, I shall become
legally married and bound to the said C.D., although no other rite of
a civil or religious nature shall take place, and I also understand that
the effect of my publicly taking the said. C.D. as my wife [or husband,
as the case mqy be] as aforesaid is to create between us a marriage
which cannot be dissolved during our joint lives except by a valid
judgment of divorce, and that if either of us, before the death of the
other, shall contract another marriage while this one remains undis-
solved, he or she will be guilty of bigamy and will be liable to the
punishment for tha offence.

Dated the day of , 19 .
(Signed.) A.B.

Witness, (Signed.) W.X., Secretary for Chinese Affairs.

Interpreted to the said A.B. in the language, in the
presence of

W.X., Secretary for Chinese Affairs.

(Signed.) Y.Z., Interpreter.

SECOND SCHEDULE.

TABLE OF FEES [s. 35.]

Notice of marriage ............................ Nil.
Certificate of notice ....................... 1 dollar.
Search ............................ 1
Certified copy ..................... 1
Certificate of absence of any record for a period
not exceeding 10 years ................. 5 dollars.
The same for period exceeding 10 years ............... 10
Licence to Secretary for Chinese Affairs to issue
his certificate ...................... 10
Special licence ......................... 50
Marriage at the office of the Secretary for Chinese
Affairs ........................ 10



* As amended by Law. Rev. Ord., 1923.
[Originally No. 14 of 1875. Law Rev. Ord., 1924.] Short title. Registrar of Marriages and Deputy Registrars. Licensing of places of worship. Notification of licence. Giving of notice of intended marriage. First Schedule. Form No. 1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms. Issue of certificate. First Schedule. Form No. 2. Grant of licence. First Schedule. Form No. 3 Notice void unless marriage within 3 months. Grant of special licence on case of emergency. First Schedule. Form No. 4. Affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Secretary for Chinese Affairs for parent or guardian. Right to forbid issue of certificate. Secretary for Chinese Affairs may inquire into right to forbid. Appeal against decision of Secretary for Chinese Affairs. Celebration of marriage in licensed place of of worship. Certificates of marriages. First Schedule. Form No. 5. Marriage before Secretary for Chinese Affairs. First Schedule. Form No. 6. Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made, and certified copies granted. Invalid marriages. Validity of marriages. Marrying, etc., miner without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removaing, etc., notice. Punishment of unauthorised person celebrating marriage. Fines. Use of forms. First Schedule. Fees. Second Schedule. Reduction or remission of fees. Marriage of Chinese before Secretary for Chinese Affairs. Application of Ordinance.

[Originally No. 14 of 1875. Law Rev. Ord., 1924.] Short title. Registrar of Marriages and Deputy Registrars. Licensing of places of worship. Notification of licence. Giving of notice of intended marriage. First Schedule. Form No. 1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms. Issue of certificate. First Schedule. Form No. 2. Grant of licence. First Schedule. Form No. 3 Notice void unless marriage within 3 months. Grant of special licence on case of emergency. First Schedule. Form No. 4. Affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Secretary for Chinese Affairs for parent or guardian. Right to forbid issue of certificate. Secretary for Chinese Affairs may inquire into right to forbid. Appeal against decision of Secretary for Chinese Affairs. Celebration of marriage in licensed place of of worship. Certificates of marriages. First Schedule. Form No. 5. Marriage before Secretary for Chinese Affairs. First Schedule. Form No. 6. Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made, and certified copies granted. Invalid marriages. Validity of marriages. Marrying, etc., miner without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removaing, etc., notice. Punishment of unauthorised person celebrating marriage. Fines. Use of forms. First Schedule. Fees. Second Schedule. Reduction or remission of fees. Marriage of Chinese before Secretary for Chinese Affairs. Application of Ordinance.

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1923

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