MARRIAGE IN ARTICULO MORTIS ORDINANCE, 1893

MARRIAGE IN ARTICULO MORTIS ORDINANCE, 1893

No. 3 of 1893.

An ordinance to authorise marriages in articulo mortis.

whereas it is expedient in certain cases to permit marriage in
articulo mortis without previous compliance with certain require-
ments of the marriage ordinance, 1875.

1. this ordinance may be cited as the marriage in articulo
mortis ordinance, 1893.

2. it shall be lawful for any competent minister to
celebrate a marriage, without the previous delivery to him
of the certificate of the secretary for chinese affairs or the
governor's special licence, (as required by section 19 (2) of
the marriage ordinance, 1875), in the following special case,
that is to say, where the marriage is between two persons
who have lived together in unlawful concubinage and one of
them is in articulo mortis: Provided that no such marriage
shall be valid unless the following conditions are observed:

rights of persons holding stock or bonds issued under the authority of
no. 1 of 1893 are preserved by no. 7 of 1913, s. 40.

as amended by law rev. ord., 1923.





(a) no such marriage shall be celebrated unless both the
parties are able to signify their consent thereto and do
so in the presence of two withnesses;

(b) no such marriage shall be celebrated where either of
the parties is under twenty-one years of age, not being a
widower or widow, unless the person whose consent is
required is present and gives his or her consent verbally;

(c) no such marriage shall be valid which would be null
and void, on the ground of kindred or affinity, in England;
and

(d) the minister celebrating any such marriage shall,
within seven days from the celebration thereof, forward to
the secretary for chinese affairs, to be filed in his office, a
certificate in teh form in the schedule. the certificate shall
be signed by the minister, and, where practicable, by the
persons so married, and by the witnesses to the marriage,
and, if either of the parties is unalble to sign, the minister
shall certify accordingly.

3. No marriage in articulo mortis shall revoke any will or
codicil previously made by either of the parties to such
marriage, but such will or codicil shall have the same
validity as if such marriage had not taken place.

4. (1) Every person who-

(a) knowingly celebrates any marriage in purported
pursuance of this ordinance contrary to or not in accordance
with any provision thereof: or,

(b) not being legally competent, celebrates any marriage
under this ordinance,

shall be guilty of a misdemeanor, and shall be liable to
imprisonment for any term not exceeding two years.

2. Every minister who, after celebrating a marriage
under this ordinance, fails to transmit the certificate thereof
in accordance with the provisions of section 2(d) shall upon
summary conviction be liable to a fine not exceeding fifty
dollars,

As amended by Law am ord., 1923


As amended by Law Am. Ord., 1923.








marriage in articulo mortis No. 3 of 1893. 653 [Originally No. 3 of 1893. Law Rev. Ord., 1924.] Ordinance NO. 7 of 1875. Short title. Cases in which marriage in articulo mortis may be celebrated, and conditions of its celebration. Ordinances No. 7 of 1875. Schedule. Saving as to testamentary disposition made before marriage. Offences.

[Originally No. 3 of 1893. Law Rev. Ord., 1924.] Ordinance NO. 7 of 1875. Short title. Cases in which marriage in articulo mortis may be celebrated, and conditions of its celebration. Ordinances No. 7 of 1875. Schedule. Saving as to testamentary disposition made before marriage. Offences.

https://oelawhk.lib.hku.hk/items/show/1151

1923

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