MARRIAGE (WAR PERIOD) (VALIDITY) ORDINANCE

MARRIAGE (WAR PERIOD) (VALIDITY) ORDINANCE

CHAPTER 258.

MARRIAGE (WAR PERIOD) (VALIDITY).

For the removal of doubts as to the validity of certan
marriages celebrated in Hong Kong after the outbreak
of hostilities with Japan.
[18th June, 1948.]

1. This Ordinance may be cited as the Marriage
(War Period) (Validity) Ordinance, and shall be construed
as one with the Marriage Ordinance, hereinafter referred
to as the principal Ordinance.

2. In this Ordinance-
'war period' ineans the period from the 8th day of
December, 1941, to the 15th day of October, 1945 ;
'Registrar' means the Registrar of -Marriages under the
principal Ordinance and includes a deputy registrar.

3. Save as hereinafter appears this Ordinance shall
Apply to all marriages celebrated in the Colony during the
war period except non-Christian customary marriages cele-
brated according to the personal law and religion of the
parties.

4. A marriage celebrated in the Colony during the
war period shall not be deemed invalid by reason of its
having been celebrated in a place which had not been duly
licensed under section 3 of the principal Ordinance or with-
out compliance with the requirements of such Ordinance
concerning notice of marriage, certificate of notice, licence
or competency of the officiating minister and subject as is
herein provided, all such marriages are hereby declared to
be and always to have been valid.

5. Nothing in this Ordinance shall validate an
marriage which was invalid on the ground of kindred or
affinity, or because one of the parties was under the age
of sixteen years, or any inarriage which would have been
invalid notwithstanding compliance with all the require-
ments of the said Ordinance, or any marriage which before
the commencement of this Ordinance has been declared
invalid by a court of competent jurisdiction : Provided





further that where any marriage to which this Ordinance
applies would, but for this Ordinance, have been invalid
and either party has subsequently during the life of the
other party, but before the commencement of this Ordin-
ance, lawfully married any other person, this Ordinance
shall not render the first marriage valid or affect the validity
of the subsequent marriage.

6. No minister who has complied with scction 7 shall
be liable to any penalties under the principal Ordinance
in respect of any matter referred to in section 3 hereof and
no proceedings shall be taken without the consent of the
Attorney General against a minister who has not so
complied in respect of a marriage to which this Ordinance
applies.

7. Every minister who has officiated at a marriage
to which this Ordinance applies and who has not already
given the parties a certificate in the prescribed form under
the principal Ordinance shail, at the request of either party,
give such a certificate: Provided that if such minister
satisfies the Registrar that he is unable to give such a
certificate because he is unable to secure the signature of
the two witnesses to the marriage and has no certificate
with their signature in his possession or because he is unable
to obtain information necessary to enable hirn to complete
the certificate, it shall suffice if the officiating minister, with
the consent of the Registrar, gives a certificate which, in
lieu of being signed by two witnesses of the marriage, states
the name of two such witnesses and gives such information
as he and the parties or either of them are able to supply.

8. A certificate in the prescribed form under the prin-
cipal Ordinance whether given before or after the
commencement of this Ordinance or a certilicate in the
alternative form authorized by the preceding section if
countersigned by the Registrar shall, if given in respect of
a marriage to which this Ordinance applies, 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 receive evidence.

9. (1) The Registrar shall collect and preserve in a
register in a convenient form such information in relation





to marriages to which this Ordinance applies as has already
been or may subsequently be, furnished to hirn, and shall
for a fee of five dollars supply any person requiring it
with the information in his possession regarding a parti-
cular marriage.

(2) The Registrar shall enter in a convenient place in
such register the fact of his consent in any particular case
to the form of certificate secondly referred to in section 7,
and shall note on such certificate that his consent was
obtained and sign the sarrie.

10. The Governor in Council rnay make regulations
prescribing-
(a) rules, forms and fees for any application by an
officiating minister for the Registrar's cosent
under section 7 and for information under section
9;
(b)for further cases in which an officiating minister
should be relieved from penalties notwithstanding
that he has been unable to give any certificate
under section 7 ;
(c) generally for carrying this Ordinance into effect.
(Note :As at the ist September, 1950, there existed no
regulations under section 10 of the above Ordin-
ance.)
25 of 1948. Short title. (Cap. 181.) Interpretation. Application. Validation of marriages celebrated during the war period. Prevailing ground of validity. Relief against penalties applicable to ministers. Certificate by officiating minister. Effect of certificate of marriage issued by the officiating minister. [s. 9 cont.] Regulations.

25 of 1948. Short title. (Cap. 181.) Interpretation. Application. Validation of marriages celebrated during the war period. Prevailing ground of validity. Relief against penalties applicable to ministers. Certificate by officiating minister. Effect of certificate of marriage issued by the officiating minister. [s. 9 cont.] Regulations.

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