MARRIAGE IN ARTICULO MORTIS ORDINANCE, 1893

MARRIAGE IN ARTICULO MORTIS ORDINANCE, 1893

1893.

No. 1 of 1893, repealed by No. 7 Of 1913.

No. 2 of 1893, repealed by No. 8 of 1912.

No. 3 of 1893.

An Ordinance to authorize marriages in articulo mortis.

[17th January, 1893.]

WHEREAS it is expedient in certain cases to permit marriage
in articalo mortis without previous compliance with certain
requirements of the Marriage Ordinance, 1875:-

1. This Ordinance may be cited as the Marriage in Articulo
Mortis Ordinance, 1893.

2. li shall be lawful for any compete nt minister to celebrate
a marriage, without the previous delivery to him of the certificate
of the Registrar of Marriages 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 a-rticulo mortis:
Provided that no such marriage shall be valid unless the
following conditions are observed:-

(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 witnesses;

Rights of persons holding stock or bonds issued under the authority of
No. 1 of 1893 are preserved by No. 7 of 1913 [General Loan and
Inscribed Stock], s. 40.
As amended by N6. 14 of 1926 [15.10.26] and Law Rev. Ord., 1937.





(b) no such marriage. sha . 11 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 or Wales;
and

(d) the minister celebrating any such marriage shall, within
seven days from the celebration thereof, forward to the Registrar
of Marriages, to be filed in his office, a certificate in the 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 unable
to sign, the minister shall certify accordingly.

3. No marriage in articulo monis 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 mhrriage in purported pur-
suance of this OrInance 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 or to a fine
not exceeding one thousand dollars.

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

* As amendiad by Law Rev. Ord., 1037.





SCHEDULE. [s. 2.]
FoRm OF CERTIFICATE.
The Marriage in Articulo Mortis Ordinance, 1893, Section 2. The Marriage in Articulo Mortis Ordinance, 1893, Section 2.
19 Marriage celebrated at in Hong Kong. 19 Marriage celebrated at in Hong Kong.
Butt. Certificate of Marriage. Certificate of Marriage.
Who- P.Wi- Fa- Rank Whe- Resi-
ther denee ~ ther dence Fa- Rank
Names of Rank at ther's or Names Rank at ther's or
NO. When and or name profes- No. When and of Condi- or t. a name profes-
Date NO. mar- full time mar full im
sur- tio profes- 0 and sion - sur- tion. profes-i of and sion
19 ried. age f ried. age
names. ~r asion. .sur- of names. or asion. marri- sur- of
Ininor. age. name. father. minor. age. name. father.

Nameof husband

Name of wife ......

Married at accordim, to the rites and Married at according to the rites and
ceremonies of the-by me. ceremonies of the-by me.
This marriage was This marriage was in the presence
celebrated between celebrated between of us
us in the presence of us us
[or between me and [or between me and
Condl
n.

NOTFL-If either of the parties married is unable. to sign, the minister is to certify to the same and to give the
reason for such omission as follows:-
And 1 the said do hereby certify that the said was unable to sign this certificate owing to
the state of his health [or as the case may be]. (Signed)
Minister celebrating marriage.
[Originally No. 3 of 1893. No. 14 of 1926. Law Rev. Ord., 1937.] Ordinance No. 7 of 1875. Short title. Case in which marriage in articulo mortis may be celebrated, and conditions of its celebration. Ordinance No. 7 of 1875. Schedule. Saving as to testamentary disposition made before marriage. Offences.

[Originally No. 3 of 1893. No. 14 of 1926. Law Rev. Ord., 1937.] Ordinance No. 7 of 1875. Short title. Case in which marriage in articulo mortis may be celebrated, and conditions of its celebration. Ordinance No. 7 of 1875. Schedule. Saving as to testamentary disposition made before marriage. Offences.

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