MARRIAGE ORDINANCE, 1875

MARRIAGE ORDINANCE, 1875

No. 7 of 1875.

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

[Preamble. reb. No. 62 of 1911.]

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

2.-(1) It shall be lawful for the Governor from time to
time to appoint such person as he may please to be Registrar of
Marriages, and to appoint Deputy Registrars of Marriages.
(2) It shall not he necessary in any such appointment to
name any particular individual and the appointment may be of
the holder of an office in the name of the office, in which case
the person for the time being performing the duties of such

As amended by No. 14 of 1926 [15.10.26].





office shall be deemed to have been appointed to be Registrar
of Marriages or a Deputy Registrar of Marriages, as the case
inay be, and all the powers and duties expressed by this or any
other Ordinance to be conferred. or imposed on the Registrar
of Marriages or on a Deputy Registrar of Marriages, as the
case may be, shall from time to time be deemed to have been
conferre~ or imposed on the person for the time being perform-
ing the duties of such office.

(3) All acts done by any Deputy Registrar of Marriages
shall be as valid as if done by the R~g-istrar of Marriages.

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.

4. Whenever the Governor grants or cancels any such
licence, the Registrar of Marriages 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
Registrar of Marriages in Form No. i in the First Schedule.
(2) Every such notice shall be signed by the party giving
the notice.

6.--(1) The Registrar of Marriages shall file every such
notice in his office.

(2) He shall exhibit one copy of such notice at the office
of the Registrar of Marriages, and may, if lie 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 jo 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
office hours without fee.

7. The Registrar of Marriages shall supply forms of notice
,gratuitously to persons applying for the same.

As amended by No. 14 of 1926 [15.10.261.





8. At ariv tirne not more than three. months or (except when
the Governor grants a licence) less than fifteen days after the
giving of such notice, the Registrar of Marriages 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 ha~ given
notice as aforesaid, grant a licence, in Form No. 3 in the
First Schedule, authorizing the Registrar of Marriages to issue
his certificate.on or after any day named in such licence.

10. If the marriage does not take place within three months
after the giving of the above-i-nentioned 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.

IL-.(i) The Governor may, when he sees fit, grant a
special licence, in Form No. 4 in the First Schedule, dispensing
with notice as aforesaid, or with the certificate of the Registrar
of Marriages or with both, and authorizing the 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 lice ' rice without payment
of any fee, or on payment of such reduced fee as, in the special
circumstances of the case, he may think sufficient.

12. Before the Registrar of Marriages issues any certificate
and before the Governor grants any licence, one of the parties
to the intended marriage shall appear personally before the
Registrar of Marriages and make affidavit (which the Registrar
of Marriagesis hereby authorized to take) that 1 he or she believes
that there is not any impediment 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 obtained or that no such consent is required.

12A. No licence of the Governor and no certificate of the
Registrar of Marriages shall be issued under this Ordinance if
either party to the intended marriage is under the age of sixteen
years.

As amended by No. 14 qf 1926 (15.10.261.
t As amended by No. 13 of 1934 [29.6.34].





13. If either party to the intended marriage, not being a
widower or a widow, is of or over sixteen and under twenty-one
years of age, the written consent of the father, or, if he is dead
or non compos menll's, of the mother, or, if b ' oth are dead or
non compos mentis, of the lawful guardian of such party, must
be produced to the Registrar of Marriages before lie 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 Registrar of
Marriages may give his consent in writing to the marriage, if
oa 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.

15.-(1) Any person whose consent is required as aforesaid
may forbid the issue of the certificate of the Registrar of
1Warriages by writing the word ' Forbidden ' opposite the entry
in the Marriage Notice Book, and by signing his name and the
character in which lie 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 authorized by law to do so, the Registrar of Marriages
shall inquire into the matter, and if lie is satisfied that the
person is not so authorized, 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 Registrar of Marriages m ay administer
an ontli. to any person.

17.-(1) If the Registrar of Marriages considers that the
person forbidding the issue of the certificate is authorized 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.

As amended by No. 14 of 1926 [15.10.261.
t As amended by No. 13 of 1934 [29.6.341.





(2) Such determination shall be final; and the Registrar of
Marriages shall proceed in accordance therewith, without
reckoning the time that has elapsed since the issue was for-
bidden.
[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, denomi-
nation, or body to which such place of worship belongs, and
according to the rites or usages of marriage observed in such
cliurch, 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 officiating minister.

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

20..-(1) The Registrar of Marriages shall cause to be
prepared and delivered to the several licensed places of worship
books of marriage certificates in duplicate and with butts in
Forin 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 parties,
immediately after the marriage, and shall within seven days
thereafter transmit the other to the Registrar of Marriages, who
shall file the same in bis, office.

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

2L-0) After the issue of a certificate by the Registrar of
Marriages, or the grant of a special licence by the Governor,
tile parties may, if they think fit, contract a marriage before
the Registrar of Marriages: Provided that, before they are
permitted to do so, each of the parties shall sign a written
declaration in the presence of the Registrar of Marriages, which
he shall witness, in Form No. 6 in the First Schedule.

As amended by No. 14 of 1926 [15.10.26].
But see No. 3 of 1893, for marriages in artictelo mortis.
As amended by No. 34 of 19-32 [28.10.32].





(.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 Registrar of Marriages, and the person
interpreting such declaration shall subscribe his name to it as
interpreter.

(3) The marriage shall take place in the presence of two or
more witnesses, in the office of the Registrar of Marriages, with
open doors, and (except in case of a special licence) between
.io a.m. and 4 p.m., and in the following manner

(a) the Registrar of Marriages shall first address the parties
to the following effect

Know ye, A.B., aind 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 attestation thereof by
signing your names to that effect, you become legally married to
each other although no other rite of a eivil.or religious nature shall
take place; and know ye 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
a'ther marriage while, this remains undissolved, you will thereby
be guilty of bigamy, and be liable to the punishment inflicted for
that grievous offence.': arid

(b) each of, the parties shall then say to the othe~r:-

' I call upon all persons here present to witness that 1, A.B.,
do take thee, C.D., to be my lawful wife [or husband].'

(4) The Registrar of Marriages and the parties and
witnesses shall thereupon sign duplicate certificates in the form
and manner hereinbefore Prescribed.

(5) The Registrar of Marriages shall deliver one certificate
to the parties and shall file the other in his office.

22. Whenever the Governor's special licence authorizes
the celebration of a marriage at a place other than a registered
place.of worship or the office of the Registrar of Marriages, the
Registrar of Marriages, on taking the affidavit of one.of the
parties to the marriage, shall deliver to him or her a blank
certificate of marriage in duplicate, and the minister celebrating
the marriage, the parties, and two or more witnesses shall sign
the same, in manner hereinbefore prescribed, and the minister

As amended by No. 14 of 1926 [15.10.26].
t As amended 'by Law Rev. Ord., 1937.





shall ~detiver one certificate to the parties, immediately after the
marriage, and shall transmit the other- to the Registrar of
Marriages within seven days thereafter, and the Registrar of
Marriages shall file the same in his office.

1 23. The Registrar of Marriages shall register atl 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
Registrar of Marriages, or a copy thereof, provided it purports
to be signed and certified as a true copy by the Registrar of
Marriages alid 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
evidence.

25. The Registrar of Marriages may, when authorized 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 authenticate every such correc-
tion by his signature, or by marking the same with his initials,
and the date of making the correction.

25A. The Registrar of Marriages 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
Mra 1 es.

(2) A marriage shall be null and void if both parties
knowingly and wilfully acquiesce in its celebration in any place
other than the office of the Registrar of Marriages or a licensed
place of worship (except when authorized by a special licence),
or under a false name or without a certificate of nMice or licence

As amended by No. 14 of 1926 [15.10.261.
+ As amended by No. 13 of 1934 [29.6.34].





duty issued or by a person not being a competent minister or
the Registrar of Marriages or his deputy, or if either party to
the marriage is at the time of its celebration under the age of
sixteen years.

(3) But no marriage shall, after celebration, be deemed
invalid by reason that any provision of this Ordinance, other
than the koregoing, 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 vears, not being a widow
or widower, shall he guilty of a misdemeanor, and shall be liable
to imprisonment for any term not exceeding two years.

29. Any minister who-

(i) 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 iny provision of
this Ordinance has not been comphed with,

shall be guilty of a misdemeanor, and shall be liable to imprison-
ment, without hard labour, for any term not exceeding two years
or to a fine not exceeding one thousand dollars.

30. Any minister who, after celebrating a marriage, fails
to transmit the certificate thereof to the Registrar of Marriage-s
within seven days thereafter shall be liable to a fine not exceeding
fifty dollars.

31. Every person who sk~ilfully removes. defaces, alters, or
destroys any copy of a notice of intended m-arriage shall be
liable to a fine not exceeding- twenty-five dollars.

As amended by No. 24 of 1936 [5.6.36].
As amended by No. 14 of 1926 [15.10.26].





32. Every. person who knowingly and wilfully celebrates or
pretends to celebrate a marriage, not being legally competent
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 he
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 in the Second Schedule sh~all be paid
to the Registrar of Marriages 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 Registrar of Marriages 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.

37.-(1) This Ordinance shall apply to all marriages cele-,
brated in the Colony except non-Christian customary marriages
duly celebrated according to the personal law and religion of
the parties.

(2) The parties to any such customary marriage may,
however, if they so desire and provided they have not living
any other undivorced spouse, contract with each other a
marriage under this Ordinance. In such cases the marriage
under this Ordinance shall not be deemed to prejudice the
previous customary marriage.

38.-(1) Every marriage under this Ordinance shall be
a Christian marriage or the civil equivalent of a Christian
marriage.

(2) The expression ' Christian marriage or the civil
equivalent of a Christian marriage ' implies a formal ceremony
recognized by the law as involving the voluntary union for life
of one man and one woman to the exclusion of all others.

As amended by No. 14 of 19% [15.10.26).
1 As amended by No. 34 of 19.121 [28.10.321.





FIRST SCHEDULE. 19. 34.]

FoRm No. 1. 5.1
Notice of'Marriage.
To the Registrar of of Hong Kong.
1 hereby give you notice that a marriage is intended to he had,
within three months from the date hereof, between me and the other
party herein named.

Names. Condition. Rank or Age.Dwelling Consent, if any,,
profession. place. by whom given.
Name Bachelor
of or
bridegroom.widower.
Name of bride. Spinster or
widow.
Witness my hand this day of 19
(Signed) Party giving the not.ice.

FoRm No. 2. Is. 8.1
Certificate of Registrar of 11'arriages.
Registrar of Marriages of 1-1ong Kong, do
hereby certify that on the day of ' 19 1 notice
was duly enicred in the Marriage Notice Book of the said Colony of
the marriage intended to be had between the parties herein named
and described.

Names. condition. Rank or profession. Age Dwelling place,

The issue 01* this eertificate
Date of notice entered 19 has not been forbidden by
Date of certificate given 19 any person authorized to
forbid the issue thereof.
Witness my hand this day of 1 19

(Signed) . Registi.aT of Marriages.

This certificate will be void unless the marriage is solemnized on
or before the day of 1 19

This certificate ,s-as issued by virtue of the Governor's licence
dated the day of 19

As amended by No. 14 of 1926 [15.10.261.





FORM NO. 3.

Licence to Hegistrar of Marriages lo issne ce;.tifea,te.

Ho,zG Ro.,;G.

The Marriage Ordinance, 1875, section 9.

Whereas on the day of 19 notice was
given to the Registrar of Mai-riages 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 1 notice, and has made before the said Registrar of Marriages
the affidavit required by the Marriage Ordinance, 1875, section 12:
Now, therefore, in pursuance of the said Ordinance, 1 do hereby
authorize the said Registrar of Marriages 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

Given under my hand this day of 19
(Signed) Governor.

The date of the notice.

FORM No. 4.

Special Licence.
HoxG HONG.

The Maniage 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, 1 do dispense with the
giving of notice and the issue of the certificate thereby prescribed
jor as the case may be] and do hereby authorize any competent
person to celebrate marriage between Che said A.B. and C.D. at
[place of celebration] on the . day of 1 19
between the hours of o'clock in the forenoon and
o'clock in the afternoon.

C-',iven under my hand this day of 19

(Signed) Governor.

As aniended by No. 14 of 1926 [15.10.261.






When married.

Names and surnames.

Wheffier of full age
or a miaor.

Oon,dition.

Rank or profession.

er Redilence at the CIQ
-A time of marriage. 0

0

Father's name and 0% X
surname.
co p
Rank or profession
of father.
t4 DD
0Q
When married. Pi

CD tr

ti

IP Names and surnames.
Whether of full g. ;S
or a minor.
condition. M
Bank or profession. P 0

CD

0D
cr on Residenoe at the
'A time of marriage.

02

Father a name and
surname.

Rank or profenion 0

P, RQ

of father. 0





Foam No. 6.

Declaration.

1, A. B_ of do hereby declare that I fully
understand that by publicly taking C.D. as my wife [orr husband,
as the case may be in the presence of the Registrar of Marriages,
1 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 1
also understand that the effect of my publicly taking the said C.D.
as my wife [or husband ' as the case may 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 undissolved, he or she will be guilty of
bigamy and will be liable to the punishment for that offence.

Dated the day of 19

(Signed) A. B.

Witness, (Signed) WX, Registrar of Marriages.

Interpreted to the said A.B. in the language, in the
presence Of
WX, Registrar of Marriagea.
(Signed) Ez., Interpreter.

SECOND SCHEDULE.

............TABLE oir Fus.......... 35 ]
Notice of marriage ................Nil.
Certificate of notice ..........1 - 1 dollar.
Search .1 .1 ......................1
Certified copy i ......................................................... 1
Certificate of absence of any record for 8 Period
not exceeding 10 years .....5 doll'.
The same for period exceeding 10 years 10
Licence to Registrar of Marriages to issue his
certificate .................10
Special licence ...........*.*.* M
marriage at the Office of the Registrar of
Marriages ....1 ...........10

* As amended by No. 14 of 1926 [15.10.261.
[Originally No. 14 of 1875. No. 14 of 1926. No. 34 of 1932. No. 13 of 1934. No. 24 of 1936. Law Rev. Ord., 1937.] Short title. Registrar of Marriages and Deputy Registrars. Licensing of places of worship. Notification of licence Giving of notice of intended marriage. First Schedule. For 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 in case of emergency. First Schedule. Form No. 4 Affidavit before issue of certificate or grant of licence. No licence or certificate to issue if either party is under 16 years. Production of written consent. Consent by Registrar of Marriages for parent or guardian. Right to forbid issue of certificate. Registrar of Marriages may inquire into right to forbid. Appeal against decision of Registrar of Marriages. Celebration of marriage in licensed place of worship. Certificate of marriage. First Schedule. Form No. 5. Marriage before Registrar of Marriages. 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., minor without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removing, etc., notice. Punishment of unauthorized person celebrating marriage. Fines. Use of forms. First Schedule. Fees. Second Schedule. Reduction of remission of fees. Application of Ordinance. Marriages under this Ordinance are Christian or equivalent thereto.

[Originally No. 14 of 1875. No. 14 of 1926. No. 34 of 1932. No. 13 of 1934. No. 24 of 1936. Law Rev. Ord., 1937.] Short title. Registrar of Marriages and Deputy Registrars. Licensing of places of worship. Notification of licence Giving of notice of intended marriage. First Schedule. For 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 in case of emergency. First Schedule. Form No. 4 Affidavit before issue of certificate or grant of licence. No licence or certificate to issue if either party is under 16 years. Production of written consent. Consent by Registrar of Marriages for parent or guardian. Right to forbid issue of certificate. Registrar of Marriages may inquire into right to forbid. Appeal against decision of Registrar of Marriages. Celebration of marriage in licensed place of worship. Certificate of marriage. First Schedule. Form No. 5. Marriage before Registrar of Marriages. 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., minor without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removing, etc., notice. Punishment of unauthorized person celebrating marriage. Fines. Use of forms. First Schedule. Fees. Second Schedule. Reduction of remission of fees. Application of Ordinance. Marriages under this Ordinance are Christian or equivalent thereto.

https://oelawhk.lib.hku.hk/items/show/1406

1937

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