BIRTHS AND DEATHS REGISTRATION ORDINANCE
Title
BIRTHS AND DEATHS REGISTRATION ORDINANCE
Description
LAWS OF HONG KONG
BIRTHS AND DEATHS REGISTRATION
ORDINANCE
CHAPTER 174
CHAPTER 174
BIRTHS AND DEATHS REGISTRATION ORDINANCE
ARRANGEMENT OF SECTIONS
Section...................................... Page
1. Short title ............................... ... ... ... ... ... ... ... 2
2. Interpretation ......................... ... ... ... ... ... ... ... ... 2
3. Registrar, staff and general register office ... ... ... ... ... ... ... ... 3
4. Register books ............................ ... ... ... ... ... ... ... 3
5. Certified copies of entries in district registers to be sent to general register office for
record .................................... ... ... ... ... ... 3
6. Inspection ................................ ... ... ... ... ... ... 4
7. Duty of parent or occupier to register birth ... ... ... ... ... ... 4
8. Information respecting living new-born child to be given to a registrar ... ... 4
9. Registration of births, certificates of birth ... ... ... ... ... ... .. 4
10............................Duty of registrar to procure registration of births ... ... ... ... ... ... 5
11..........[Repealed] ..................... ... ... ... ... ... ... ... ... ... 5
12. Saving for father of illegitimate child ... ... ... ... ... ... ... ... ... 5
13. Registration of name of child or of alteration of name ... ... ... ... ... 5
14. Information of death to be given in various cases to registrar, etc. ... ... ... 6
15. Duty of registrars to procure registration of deaths ... ... ... ... ... ... 7
16. Restriction on removal of dead body .... ... ... ... ... ... ... ... 7
17. Issue of certificate of registration of death or of certificate of order for burial ... 8
18. Burial of deceased child as still-born, etc . ... ... ... ... ... ... ... ... 8
19. Notice where coffin contains more than one body ... ... ... ... ... ... 8
20. Provisions as to certificates of cause of death ... ... ... ... ... ... ... 8
21. Investigation of cause of death and of correctness of death certificate ... 9
22. Searches of books and indexes in general register office, certificates, fees, etc. 9
23. Shortened form of birth certificate .... ... ... ... ... ... ... ... ... 10
24. Official seal .......................... ... ... ... ... ... ... ... ... 10
25. Penalty for not duly registering births and deaths ... ... ... ... ... ... 11
26. [Repealed] 11
27. Correction of errors in register ... ... ... ... ... ... ... ... ... ... 11
28. Penalty 12
29. Forms and power to make orders and amend the Schedules ... ... ... ... 12
30. Registers formerly kept under former Ordinances 13
31. Power to alter fees ... ... ... ... ... ... ... ... ... ... ... ... ... 13
First Schedule. Birth and Death Register Offices ... ... ... ... ... ... ... 13
Second Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... 14
CHAPTER 174
BIRTHS AND DEATHS REGISTRATION
To consolidate and amend the law relating to the registration of births
and deaths.
[10 August 1934.]
227110
1. This Ordinance may be cited as the Births and Deaths
Registration Ordinance.
2. In this Ordinance, unless the context otherwise requires-
'house' includes any building, structure, or vessel;
,,occupier' includes the warden, keeper, master, manager, director,
matron, superintendent, superior, or other chief resident officer
of every convent or public or charitable or religious or educa-
tional institution, and, where a house is let or sub-let in separate
floors or rooms or compartments, includes any person residing
in such house who either receives or pays rent for such separate
floors or rooms or compartments. In cases where a whole house
is occupied by any person without being let or sub-let as
aforesaid, such person shall, whether he is the owner or not, be
deemed to be the occupier,
'public institution' includes a prison, lock-up, reformatory school,
certified industrial school, house of detention, mental hospital
and hospital;
'Registrar' means the Registrar of Births and Deaths, and includes
any deputy registrar of births and deaths; (Replaced, 9 of
1957, s. 2)
'registrar' includes the Registrar and any deputy registrar or district
registrar of births and deaths. (Added, 9 of 1957, s. 2)
3. (1) The Governor may appoint-
(a) a person to be the Registrar of Births and Deaths;
(b)subject to subsection (2), such deputy registrars, district
registrars, clerks and subordinate officers as may be neces-
sary for the purposes of this Ordinance;
(c)a general register office for keeping registers of all births
and deaths occurring in Hong Kong.
(2) Unless and until otherwise directed by the Governor, the
officer in charge of each police station mentioned in the second
column of the First Schedule shall be a district registrar of deaths for
the district specified in relation to that police station in the first
column of that Schedule.
(Replaced, 38 of 1979, s. 2)
4. (1) The Registrar shall cause to be printed and supplied to
all register offices set out in the First Schedule register books of
births and register books of deaths which shall be respectively in the
prescribed form.
(2) The particulars required to be registered concerning any
birth or death shall be the particulars specified in the said forms.
(3) Four separate register books shall be kept at each of the
said registry offices-
(a) a birth register book for the normal registration of births;
(b) a death register book for the normal registration of deaths;
(c)a post register book of births for the late registration of
births;
(d)a post register book of deaths for the late registration of
deaths.
Entries of births and deaths shall, in the case of non-Chinese, be
in the English language and, in the case of Chinese shall be both in
the English and the Chinese languages.
5. (1) The registrar at every register office, other than the
general register office, shall cause to be sent to the general register
office, once in each month or as directed by the Registrar, certified
copies of all entries made in his register book during the preceding
month.
(2) The Registrar shall cause the said certified copies to be bound,
from time to time, and preserved for record at the general register office
together with the register books at that office.
6. From time to time and as often as may be necessary the Registrar
or a deputy registrar shall visit each district registry office to inspect the
registry books and confer with the district registrar as to the facts
regarding registration in his district.
(Amended, 9 of 1957, s. 3)
7. The father of every child born alive in Hong Kong, or, in case of
death, illness, absence, or inability of the father, the mother of such
child, or in case of the death, illness, absence, or inability of the father
and mother, the occupier of the house in which such child has been
born, or any person present at the birth, shall, within 42 days after the
day of such birth, give information to a registrar according to the best of
his or her knowledge and belief, of the several particulars required to be
registered, and shall, in the presence of such registrar, sign the register.
(Amended, 1 of 1965, s. 2 and 67 of 1984, s. 2)
8. (1) In case any child is born in, or any new-born child is admitted
to, any public institution, convent or other charitable or religious
institution, it shall be the duty of the person having charge of such
institution or convent to ascertain from the mother of such child or
person bringing such child such information of the particulars required
to be registered concerning the birth of such child as can be elicited and
to cause such information to be given to a registrar within 42 days.
(Amended, 1 of 1965, s. 3)
(2) In case any living new-born child is found exposed, it shall be
the duty of any person finding such child, and of any person in whose
charge such child may be placed, to report such finding to a registrar,
and within 42 days to give, to the best of his knowledge and belief, such
information of the particulars required to be registered concerning the
birth of such child as the informant possesses, and, in the presence of
such registrar, to sign the register. (Amended, 1 of 1965, s. 3)
9. (1) In every case where the information required by sections 7
and 8 is given within 42 days of the birth of any child, exclusive of the
day of birth, such birth shall be registered, without any fee, in the birth
register book. (Amended, 1 of 1965, s. 4)
(2) When such information is given after the expiration of the said
42 days and within 12 months after the said birth, exclusive of the day of
birth, the birth shall be registered, on payment by the informant of a fee
of 512, in the post register book of births. (Amended, 34 of 1939, s. 2; 1 of
1965, s. 4; 48 of 1975, s. 2; 67 of 1984, s. 3 and 51 of 1986, s. 2)
(3) No birth shall be registered after the expiry of 12 months from
the date thereof except with the consent of the Registrar and then only
on payment by the informant of a fee of $70, and the fact
of such consent having been given shall be entered in the post register
book of births in which such birth is registered. (Amended, 34 of 1939, s.
2; 1 of 1965, s. 4; 48 of 1975, s. 2; 67 of 1984, s. 3 and 51 of 1986, s. 2)
(4) Any person obtaining registration of any birth under any
subsection of this section shall be entitled at the time of registration to
receive free a certificate of such registration in the prescribed form.
10. Notwithstanding the omission to report or furnish information
as to any birth within 42 days it shall be the duty of every registrar to
procure by all means in his power the best and most accurate
information respecting any birth which may have occurred within his
district and to cause the same to be registered as prescribed by section
9.
(Amended, 1 of 1965, s. 5)
11. [Repealed, 1 of 1965, s. 6
12. In the case of an illegitimate child, no person shall, as father of
such child, be required to give information concerning the birth of such
child, and there shall not be entered in the register the name of any
person as father of such child, except at the joint request of the mother
and of the person acknowledging himself to be the father, and such
person shall in such case sign the register together with the mother.
(Amended, 29 of 1971, s. 15)
13. (1) Subject to subsection (3A), in every case where it is desired
after registration to alter or add to the name of any child whose birth has
been registered with a name, or to give a name or names to any child
whose birth has been registered without a name, the parent or guardian
of such child may make a declaration in writing before a registrar in the
prescribed form: (Amended, 52 of 1979, s. 2)
Provided that whenever it is shown to the satisfaction of the
registrar that, owing to death or absence from Hong Kong or other
reasonable cause, the parent or guardian is unable to attend to make a
declaration in writing in accordance with this section, it shall be lawful
for the registrar, in his discretion, upon such evidence as he may in the
circumstances deem sufficient, to act in all respects as if a declaration in
writing had been made under this subsection before him personally.
(Amended, 67 of 1984, s. 4)
(2) The registrar shall thereupon, without erasure of the previous
entry, forthwith enter in the register the name or names proposed to be
substituted or added, and shall, if required, on payment of a fee of $12
issue a certificate in the prescribed form. (Amended, 1 of 1965, s. 7; 48 of
1975, s. 3; 67 of 1984, s. 4 and57 of 1986, s. 3)
(3) For every such entry made within a period of 42 days from the
date of the birth no fee shall be paid. For every such entry made
after such 42 days a fee of $45 shall be paid. (Amended, 1 of 1965,
s. 7; 48 of 1975, s. 3; 67 of 1984, s. 4 and 51 of 1986, s. 3)
(3A) No alteration or addition to the name or names of a
child, in any register book of births, shall be made under this section
after the child has attained the age of 11 years. (Added, 52 of 1979,
s. 2)
(4) In this section, 'name' does not include 'surname'.
(5) Where any entry under this section has been made in any
district register office the district registrar shall forward forthwith
to the Registrar particulars of the entry made in order that the
necessary alterations shall be made in the register at the general
register office. (Amended, 9 of 1957, s. 3)
14. (1) When a person dies in a house it shall be the duty of
the nearest relatives of the deceased present at the death or in
attendance during his last illness, and, in default of such relatives, of
each person present at the death or in attendance during the last
illness, and of any occupier of the house in which, to his knowledge,
the death took place, and, in default of any such persons, of each
inmate of such house, and of the person causing the body of the
deceased to be buried, to give, to the best of his knowledge and
belief, to a registrar within 24 hours (exclusive of the time necessary
for the journey and of any intervening hours of darkness and of
general holidays as defined by the Holidays Ordinance) after such
death, information of the particulars required to be registered con-
cerning such death, and in the presence of the registrar to sign
the register:
Provided that where no such informant as aforesaid is forth-
coming, the person finding the body shall within 24 hours after such
finding proceed as provided in subsection (2).
(2) When a person dies in a place which is not a house, or a
dead body is found elsewhere than in a house, it shall be the duty of
every relative of the deceased, having knowledge of any of the
particulars required to be registered concerning the death, and, in
default of such relative, of every person present at the death, and of
any person finding and of any person taking charge of the body, and
of the person causing the body to be buried, to give to the officer in
charge of the nearest police station, within 24 hours after the death
or the finding, such information of the particulars required to be
registered concerning the death as the informant possesses, and such
particulars shall be forthwith forwarded by the said officer to a
registrar.
(3) When an inquiry is held by a coroner into the death of any
person the coroner holding the inquiry shall inquire of the partic-
ulars required to be registered concerning the death and shall sent
to the Registrar within 24 hours after the termination of the inquiry,
a certificate under his hand giving information concerning the death
and specifying the said particulars and the time and place at which
the inquiry was held and the Registrar shall cause the deaths and
particulars to be duly registered. When an inquiry is held by a
coroner on any dead body no person shall with respect to such
dead body or death be subject to any penalty for failing to give in-
formation in pursuance of any other provision of this Ordinance.
(Amended, 57 of 1967, Schedule)
(4) After the expiration of 48 hours from any death or the
finding of any dead body or the completion of an inquiry by a
coroner whichever is latest (exclusive of the time necessary for the
journey and of any general holidays as defined by the Holidays
Ordinance) the death shall be registered in the post register book of
deaths. (Amended, 57 of 1967, Schedule)
15. (1) Notwithstanding any omission to report, or furnish
information as to any death within the time laid down in section 14,
it shall be the duty of evey registrar to procure by all means in his
power the best and most accurate information respecting any death
which may have occurred within his district and cause the same to be
registered.
(2) In every case in which a registrar receives information of
the death in Hong Kong of any person who is a national of a state to
which section 3 of the Consular Conventions Ordinance applies, he
shall cause information of the fact to be communicated to the
Official Administrator. (Replaced, 12 of 1951, s. 3. Amended,
67 of 1984, s. 5)
(3) In every case in which a registrar receives information of
the death in Hong Kong of any citizen of the United States of
America, he shall cause information of the fact to be communicated
to the Official Administrator, in order that the necessary information
may be forwarded to the nearest consular officer of the said United
States. (Added, 12 of 1953, s. 2. Amended, 67 of 1984, s. 5)
16. (1) No person, unless acting under the written sanction or
direction of a registrar, shall remove, or assist or attempt to remove,
or procure the removal of, or bury any dead body until a certificate
of registration of death under section 17 has been issued, or an order
to bury or cremate has been obtained from a coroner: (Amended,
57 of 1967, Schedule)
Provided that where interment is urgent and it is not possible
promptly to procure such certificate or order, it shall be the duty of
any person who may desire to remove or bury a dead body to report
the same at the nearest police station, when the inspector or other
officer in charge may issue forthwith a permit in the prescribed form.
The issue of such permit shall be forthwith reported to a registrar by
the issuing officer, and shall not exonerate the persons required by
this Ordinance to give information respecting the death of any
person from giving the information required.
(2) No person shall remove, or assist to remove, or procure
the removal of a dead body from Hong Kong until he has obtained
from a registrar a permit in the prescribed form. (Amended,
67 of 1984, s. 6)
17. (1) A registrar, immediately on registering any death or as
soon thereafter as he may be required to do so, shall, without any
fee, deliver, either to the person giving information concerning the
death or to the undertaker or other person having charge of the
funeral, a certificate under his hand in the prescribed form, that such
death has been duly registered, and such certificate shall be delivered
by such undertaker or other person to the officer in charge of the
police station for the district where the death was registered:
Provided that a coroner may order any body to be buried or
cremated, if he thinks fit, before registration of the death, and shall
in such case give a certificate of his order in writing under his hand in
the prescribed form to the relative of the deceased or other person
who causes the body to be buried or cremated or to such undertaker
or other person having charge of the funeral, and such certificate
shall be delivered by the recipient to such police officer, as afore-
said. (Amended, 57 of 1967, Schedule)
(2) In addition to the certificates mentioned above, any person
obtaining registration under section 14 shall be entitled at the time of
registration to receive a free certificate in the prescribed form.
18. No person shall wilfully bury or procure to be buried the
body of any deceased child as if it were still-born. No person shall
bury or procure to be buried any still-born child, unless there is
delivered to him either-
(a)a written certificate in the prescribed form that such child
was not born alive, signed by a registered medical practi-
tioner who was in attendance at the birth or has examined
the body of such child; or
(b)a declaration in the prescribed form signed by some person
who would, if the child had been born alive, have been
required by this Ordinance to give information concerning
the birth, to the effect that no medical practitioner was
present at the birth, or that his certificate cannot be
obtained, or that the child was not born alive; or
(e) an order of a coroner. (Amended, 57 of 1967, Schedule)
19. When there is in the coffin in which any deceased person is
brought for burial the body of any other deceased person or the
body of a still-born child, the undertaker or other person who has
charge of the funeral shall deliver to the officer in charge of the
police station for the district where the death occurred or where such
body was found a notice in writing, signed by such undertaker or
other person, stating to the best of his knowledge and belief, with
respect to each body, particulars in the prescribed form.
20. With respect to certificates of the cause of death, the
following provisions shall have effect-
(a)the Registrar shall, on the application in writing of a
registered medical practitioner, furnish him with a book of
printed forms of certificates of death in the prescribed form;
(b)in case of the death of any person who has been attended
during his last illness by a registered medical practitioner, that
practitioner shall forthwith sign and give to some person
required by this Ordinance to give information concerning the
death a certificate, in the form prescribed by this section,
stating to the best of his knowledge and belief the cause of
death, and such person shall, on giving information
concerning the death, deliver that certificate to a registrar; and
the cause of death as stated in that certificate shall be entered
in the register; (Amended, 40 of 1967, s. 2)
(c)where an inquiry is held on the body of any deceased person,
or where a coroner has issued a burial order, a medical
certificate of the cause of death need not be given; (Amended,
57 of 1967, Schedule)
(d)for the purpose of securing uniformity in the death returns, the
cause of death certified by a registered medical practitioner, or
by any medical officer in any branch of Her Majesty's service,
or by a coroner shall, so far as possible, be described in strict
accordance with such classification as may be prescribed. If in
any certificate the cause of death is not so described, it shall
be lawful for a registrar to refuse to register the cause of death
as thus certified, and to proceed in the manner provided by
section 21 for cases in which that officer suspects that the
reported cause of death is not the true cause. (Amended, 1 of
1965, s. 8 and 57 of 1967, Schedule)
21. (1) In the case of the death of any person who has not been
attended during his last illness by any registered medical practitioner it
shall be the duty of the Registrar to institute, or cause to be instituted,
inquiries with a view to ascertaining the true cause of death.
(2) It shall be lawful for the Registrar in any case in which he wishes
to verify the correctness of any certificate of the cause of death of any
person to institute, or cause to be instituted, inquiries with a view to
verifying the correctness of such certificate.
(3) Any person who obstructs, resists, uses abusive language to,
or refuses to answer without sufficient cause or wilfully makes a false
answer to any reasonable inquiry put by any officer authorized by the
Registrar for the purpose of carrying out any inquiry pursuant to this
section shall be guilty of an offence and liable on summary conviction to
a fine of 1,000 and 3 months' imprisonment. (Replaced, 1 of 1965, s. 9)
22. (1) The Registrar shall cause indexes of the register books in the
general register office and in district offices to be made, and any person
shall be entitled on payment of the fee prescribed by subsection (2) or
(3), as the case may be, to require a registrar to cause a search to be
made of such indexes and register books, and
any such person shall be entitled to receive a copy of any entry in the
said register books, certified under the hand of a registrar and sealed
or stamped with the seal or stamp of the general register office, for
which a fee of $12 shall be paid: (Amended, 1 of 1965, s. 10; 53 of
1974, s. 2; 48 of 1975, s. 4; 67 of 1984, s. 7 and 51 of 1986, s. 4)
Provided that a fee of $25 shall be paid in respect of any such
copy required to be posted by a registrar to an addressee outside
Hong Kong, and, if the copy is required to be sent by airmail, an
additional fee shall be paid of an amount equal to the airmail
postage at the normal rate. (Replaced, 1 of 1965, s. 10. Amended,
53 of 1974, s. 2; 48 of 1975, s. 4; 67 of 1984, s. 7 and 51 of 1986, s. 4)
(2) A search, either in indexes or in district registers or in the
register books of the general register office, for any given entry over
any period not exceeding 5 years shall be deemed a particular search,
and a fee of $12 shall be paid in respect of every such particular
search. (Amended, 1 of 1965, s. 10; 48 of 1975, s. 4; 67 of 1984,
s. 7 and 51 of 1986, s. 4)
(3) A search either in indexes or in district registers or in the
register books of the general register office for information other
than that concerning any given entry shall be deemed a general
search the fee for which shall be 570. (Amended, 1 of 1965, s. 10;
48 of 1975, s. 4; 67 of 1984, s. 7 and 51 of 1986, s. 4)
(4) No person except a registrar and officers specially author-
ized by the Registrar shall search in indexes or in district registers or
in the register books of the general register office.
(Replaced, 10 of 1948, s. 2)
23. Any person shall, on payment of a fee of $5 and on
furnishing the prescribed particulars, be entitled to obtain from a
registrar in the general register office, a shortened form of certificate
in the prescribed form of the birth of any person compiled from the
records and registers in the custody of the Registrar.
(18 of 1948, s. 2 incorporated. Amended, 40 of 1967, s. 3;
53 of 1974, s. 3; 48 of 1975, s. 5 and 67 of 1984, s. 8)
24. (1) The Registrar shall cause to be made a seal of the
general register office and shall cause to be sealed or stamped
therewith all certified copies of entries given in the said office.
(2) Every entry and every certified copy of an entry in a
register book for the registration of births or of deaths shall be
received as evidence of the birth or death to which the same relates
without other or further proof of such entry:
Provided that-
(a)no entry made in a post register book prior to 1 January
1972 shall be deemed proof of the birth or death to which it
relates without other or further evidence thereof., and
(b)no certified copy purporting to be given in the said office
shall be of any force or effect unless it is sealed or stamped
as aforesaid, and unless the entry to which it relates either
purports to have been signed by some person professing to
be the informant and to be such person as required by this
Ordinance to give information to a registrar concerning
such birth or death, or purports to have been made upon
a certificate from a coroner or otherwise in pursuance of
the provisions of this Ordinance, or, where more than 12
months have intervened between the day of a birth or
death and the day of the registration of such birth or death,
unless it purports to have been made with the consent and
authority of the Registrar. (Amended, 57 of 1967, Sched-
ule, and 53 of 1972, s. 2)
25. Any person who-
(a)being charged with the duty of registering births or deaths,
refuses or, without reasonable excuse, omits to register any
birth or death of which he has had due notice as aforesaid;
or
(b)having the custody of any register book or certified copies
thereof, or of any part thereof, carelessly loses or injures
the same, or carelessly allows the same to be injured whilst
in his keeping,
shall be deemed to have committed a breach of the provisions of this
Ordinance.
26. [Repealed, 48 of 1972, s. 41
27. With regard to the correction of errors in registers of births
or deaths, the following provisions shall have effect-
(a)no alteration in any such register shall be made except as
authorized by this Ordinance;
(b)any clerical error which may be discovered in any such
register shall, as soon as possible, be corrected by a
registrar, who shall place his initials in the margin opposite
the entry in which such error has been discovered;
(c)an error of fact or substance in any such register may be
corrected by entry in the margin (without any alteration of
the original entry) by a registrar on payment of the fee of
545 and on production to him by the person requiring such
error to be corrected of a declaration in the prescribed
form setting forth the nature of the error and the true facts
of the case, and made by 2 persons required by this
Ordinance to give information concerning the birth or
death with reference to which the error has been made, or,
in default of such persons, then by 2 credible persons to the
satisfaction of the registrar having knowledge of the truth of
the case, and the registrar shall initial such marginal entry and
shall add thereto the day and month and year when such
correction is made; and (Amended, 1 of 1965, s. 11; 48 of
1975, s. 6; 6 7 of 1984, s. 9 and 51 of 1986, s. 5)
(d)where an error of fact or substance (other than an error
relating to the cause of death) occurs in the information given
to the Registrar by a coroner concerning a dead body upon
which he has held an inquiry, or in respect of which he has
issued a burial order, he may, if satisfied by evidence upon
oath or statutory declaration that such error exists, certify
under his hand to the Registrar the nature of the error and the
true facts of the case as ascertained by him on such evidence,
and the error may thereupon be corrected by that officer in the
register by entering in the margin (without any alteration of
the original entry) the facts as so certified by such coroner,
and he shall initial such marginal entry and shall add thereto
the day and month and year when such correction is made.
(Amended, 57 of 1967, Schedule)
28. Except where otherwise specially provided by this Ordinance,
any person who commits any breach or infringement of any of the
provisions of this Ordinance or fails to perform any duty imposed upon
him by this Ordinance shall be liable on summary conviction to a fine of
$1,000 or to imprisonment for 6 months.
(Amended, 22 of 1950, Schedule)
29. (1) The forms prescribed in the Second Schedule shall be used
in the cases to which they refer. (Amended, 9 of 1957, s. 5)
(2) The Governor may by order published in the Gazette provide
for all or any of the following matters
(a)the form of certificate to be issued under section 23 which shall
contain such particulars as may be prescribed:
Provided that any particulars prescribed in addition to
name, surname, sex and date of birth shall not include any
particulars relating to parentage or adoption contained in the
records and registers in the custody of the Registrar;
(b)the particulars to be furnished by applicants for such
certificates;
(c) the manner in which such certificates are to be compiled;
(d) the amendment of the Schedules; and
(e) the due carrying out of the Ordinance.
(Replaced, 40 of 1967, s. 4)
30. The registers of births and deaths kept under former
Ordinances shall, as hitherto, be preserved by the Registrar, and all the
provisions of this Ordinance relating to entries in registers, alterations
of or additions to registers, searches of registers, copies of entries in
registers, custody of registers, or destruction of or injury to registers,
and the provisions of any Ordinance relating to any offences in respect
of registers of births or deaths authorized or required to be kept under
this Ordinance, shall mutatis mutandis apply to the said registers kept
under former Ordinances:
Provided that it shall be lawful for the Registrar to keep
separate supplementary register books for the purpose of registering
the births of any persons who were born before the commencement of
this Ordinance and whose births were not registered in the registers
formerly kept under former Ordinances.
31. The Legislative Council may by resolution vary the amount
of any fee specified in this Ordinance.
(Added, 51 of 1986, s. 6)
FIRST SCHEDULE [ss. 3, 4 29.1
BIRTH REGISTER OFFICES
District Register Office
1. All districts. The Births and Deaths General Register
Office.
2-3. [Deleted, L.N. 21861
4. Kowloon. Kowloon Births Registry.
5. Tsuen Wan. Tsuen Wan District Births Registry.
6. Yuen Long. Yuen Long District Births Registry.
7. Fanling and Sheung Shui. District Births Registry.
8. Tai Po. Tai Po District Births Registry.
9. Sha Tin. Sha Tin District Births Registry.
10. Tuen Mun. Tuen Mun District Births Registry.
(Added, L.N. 292185)
DEATH REGISTER OFFICES
District Register Office
1. All districts. The Births and Deaths General Register
Office.
2. Tsuen Wan and Kwai Chung.Tsuen Wan District Deaths Registry.
3. New Territories. Police Stations at Sha Tin, Tai Po, Sheung
Shui, Sha Tau Kok, Ta Kwu Ling, Lok
Ma Chau, Pat Heung, Yuen Long,
Lau Fau Shan, Tuen Mun, Sai Kung,
Cheung Chau, Lamma, Mui Wo and
Tai 0. (Amended, L.N. 292185)
(Replaced, L.N. 405183)
SECOND SCHEDULE [s. 29.]
FORM 1 [s. 4(1)(2).]
Register book of births
'19 Births in the district Of Hong Kong
FORM 3 [s. 9(4).]
Certificate of Registration of Birth
Name of child ....................................................................................... Sex
...................................................................................................... Date of birth
........................................................................................... Date registered
....................................................................................... Name of mother
.................................................................................... Address at birth
.................................................................................... Signature of registrar
..............................................................................
This certificate must be produced on demand by a police officer to prove
that the name of the person entered has been registered.
No fee is payable for this certificate.
(Amended, L.N. 51174)
FORM 4 [s.
Declarationfor altering or adding to the name of a
child
I, (Name) .............................................................................................
(Address) .............................................................................................
(Description) ..........................................................................................
Parent (or guardian) of the child of ............................................................
and ............whom birth
was registered on the day of
under the name(s) of Solemnly
and sincerely declare that I desire
(Strike out (a)to add the name(s) of
cither (a) to the above-mentioned name(s).
or (b) as
required.)
(b)to alter the above-
mentioned name(s) to
..............................................................................
And I make this solemn declaration conscientiously believing the same to be
true and by virtue of the Oaths and Declarations Ordinance. (Cap. II.)
(Signed) A.B.
Parent (or
Guardian).
Declared at ....................in Hong Kong
this ....day of ..........19
.........
Before me,
(Signed)
Registrar.
(Replaced, L.N. 214174)
FORM 5 15.13(1).]
Declaration of name of child
I, (Name) .............................................................................................
(Address) .............................................................................................
(Description) ..........................................................................................
Parent (or guardian) of the child of
............................................................
and ............................. whose birth
was registered on the day of
without a name, solemnly and sincerely declare that the said child has received the
name(s) of ............................................................................................
and that I desire that the said name(s) shall be added to the register.
ng
And I make this solemn declaration conscientiously believing the same to be
true and by virtue of the Oaths and Declarations Ordinance.
(Signed) A.B.
Parent (or
Guardian). se R/fin/
F- 15A
Declared at ....................in Hong Kong
this ..day of ...............19
.......VF A iii M 4M M
.........................Before me,
..........................(Signed)
.........................Registrar.
............................a- W
...................(Replaced, L.N. 214174)
FORM 6 [s. 13(2).]
Certificate of registration of alteration of name of child
1, A.B., Registrar [or Deputy or District Registrar] of Births and Deaths, do
hereby certify that the name [or names] of by
which a child of one C.D. and E.F. was registered on the day
of 19 has [or have] been altered
toand that such alteration has been entered in the
register book.
Dated the day of '19
(Signed.) A.B., a Registrar of Births and Deaths.
Fee $12.
(Amended, 9 of 1957, s. 3; 1 of 1965, s. 12; 48 of 1975, s. 7; 67 of 1984,
s. 10 and 51 of 1986, s. 7)
FORM 7 [s. 13(2).]
Certificate of registration of name of child
1, A.B., Registrar [or Deputy or District Registrar] of Births and Deaths, do
hereby certify that the name [or names] of has
[or have] been given to the child of one C.D. and E.F. whose birth was registered
on the day of 19 and that such name or
names has [or have] been entered in the register book.
Dated the day of 19
(Signed.) A.B., a Registrar of Births and Deaths.
Fee $12.
(Amended, 9 of 1957, s. 3: 1 of 1965, s. 12; 48 of 1975, s. 7; 67 of 1984,
s. 10 and 51 of 1986, s. 7)
FORM 8 [s. 16(1).]
Permit for removal and burial of dead body
Permission is hereby given to of to remove and
bury the dead body of one calledfrom the floor of
No. to
Dated the day of 19
(Signed.) Officer in charge.
No. Police station.
No fee is payable for this permit.
(Amended, L.N. 51174)
FORM 9 [s- 16(2).]
Pernutfor removal of dead bodyfrom Hong Kong
Permission is hereby given to of to remove from
Hong Kong the dead body of one called
Dated the day of '19
(Signed.) A.B., a Registrar of Births and Deaths.
No fee is payable for this permit.
(Amended, L.N. 51174 and 67 of 1984, s.
10)
FORM 10 [s. 17(1).]
Certificate of Registration of Death
I, A.B., a registrar of deaths in the district of do
hereby certify that the death of has been duly registered by
me on the day of '19
Dated the day of 19
(Signed.) A.B., a Registrar of Births and Deaths.
No fee is payable for this certificate.
FORM 11 [s. 17(1).]
Certificate of order authorizing buriallcremation of body
I, A.B., a coroner for Hong Kong, hereby certify that 1 have made an order
authorizing the buriallcremation of the body now shown/reported to me as the body
of
Dated this day of 19
.............
Coroner.
(Replaced, L.N.
2168)
FORM 12 [s. 17(2).]
Certificate of Registration of Death
Name of deceased person ........................................................................
Sex ......................................................................................................
Age ......................................................................................................
Date of death .......................................................................................
Date of registered ....................................................................................
Address at death ....................................................................................
Signature of registrar ..............................................................................
This certificate must be produced on demand by a police officer to prove that
the name of the person entered has been registered.
No fee is payable for this certificate.
(Amended, L.N. 51174)
FORM 13 [s. ]8(a)j
Certificate of still-birth
1, A.B., registered medical practitioner in Hong Kong, hereby certify that 1
was in attendance at the birth of the child of Mrs. C.D. [or have examined the body
of the child of Mrs. C.D.] and that such child was not born alive.
Dated the day of 19
(Signed.) A.B., Registered medical practitioner.
(Amended, 6 7of 1984, s.
10)
FORM 14 [s. 18(b)-
Declaration as to still-birth
I, A.B., of ......................................
solemnly and sincerely declare that no registered medical practitioner was present
at the birth of the child of Mrs. C.D. which occurred on the day
of ..............19 ..(or that E.F., registered medical
practitioner, was present at the birth of the child of Mrs. C.D. which occurred
on the ..day of .......19 ..but that his certificate
according to Form 13 in the Second Schedule to the Births and Deaths Registration
Ordinance, (Chapter 174), cannot be obtained) and that the child of Mrs. C.D.
which was horn on the ........day of 19 was not
born alive.
And I make this solemn declaration conscientiously believing the same to be
true and by virtue of the Oaths and Declarations Ordinance. (cap. II.)
(Signed) A.B.
Legal Informant.
Declared at ....................in Hong Kong
this ..day of ........19
Before me,
(Signed)
Justice of the Peace.
(Replaced, L.N.
214174)
FORM 15 [s. 19.1
Notice where coffin contains more than one body
I, A.B., hereby give you notice that in the coffin in which C.D. is brought for
burial there is the body of E.F., a male [or female] lately residing at No.
Dated the day of '19
(Signed.) A.B., Undertaker [or person incharge of funerall.
FORM 16 Is.
19.]
Notice where coffin contains more than one body
I, A.B., hereby give you notice that in the coffin in which C.D. is brought for
burial there is a body which has been found exposed and that the name and place of
abode of the person whose body has been found are unknown.
Dated the day of 19
(Signed.) A.B., Undertaker [or person in~ of funeraL.
FORM 17 [s. 19.1
Notice where coffin also contains the body of a child
I, A.B., hereby give you notice that in the coffin in which C,D. is brought for
burial there is the body of a deceased child, name unknown [or of a still-born
child] and the name and place of abode of the father [Or mother] of such child
are and No.
Dated the day of 19
(Signed.) A.B., Undertaker [or person in charge of funeral.
(M.D. 854) FORM 18 [s. 20(a)-1
Counterfoil for the use of theBIRTHS AND DEATHS REGISTRATION ORDINANCE N ofcorrespond-
Medical Attendant, who should ingentry, gister
in all cases fill it up.(Chapter 174) book of Idnerelis to
be inserted here by
MEDICAL CERTIFICATE OF the registrar.
THE CAUSE OF DEATH
Name of To be given by the medical attendant to the person whose duty
Deceased .....it is to give it, with information of the death,
..............to a registrar and to no other person
Age
..............I HEREBY CERTIFY that I attended
........... during the last illness; that such person's age was stated to be
....................................................
that I last saw h ........on the.......day of ................19
that.........died*.......... on the ......... day of
............Of ................................................... 19 at
and that, to the best of
At .........my knowledge and beliefthe cause ofh death was as hereunder written.
An anaesthetic, namely wasadministeredt
before the death of (or, ifsuch was the case: No anaesthetic was
administered before the death of
..........................................................................................
Deceased's
nationality ..Should the medical attendant not feel justified in taking upon himself the responsibility of
certifying the fact of death, he may here insert the words 'as 1 am informed.'
Deceased's death the anaesthetic was administered.
profession ... Insert here how before death the anaesthetic was administered.
Approximate
interval
Deceased's CAUSE OF DEATH between onset
address ...........and death
CAUSE OF DEATH.....................I. Disease or condition direct- (a)
............................
.............ly leading to death. due to (or as a
............. consequence of)
(a) ......... (The Informant
due to (or as a Antecedent causes........
should
Morbid conditions, if an........(b) o read the
consequence of) ......................... notice it the back
giving rise to the aboU due to (or as a of this form.)
cause, stating the underly- consequence of)
ing condition last.
(b) ....................(C) .1 ..........
......................
due to (or as a II. Other significant conditions
consequence oj) contributing to the deaths . ................................... .........
............................
but not related to the
disease or condition caus-
(C) .........ing it.
............................................. ............
Other significant
conditions This does not mean the mode of dying e.g., heart failure, asthenia, etc.
It means the disease, injury, or complication which caused death.
.......................1 Deceased's nationality ...................... Dated, the day of
.......................19
profession .Signature .---1
......... address ......Registered qualification
place ofdeath .... Residence
Signed .....N.B.-THIS CERTIFICATE IS INTENDED SOLELY FOR THE USE OF THE REGISTRAR
............to whom it should be delivered by the person giving information to him of the particulars required
............by law to be registered concerning the death. Fine of $1,000 or 6 months' imprisonment for neglect
Date .......ofinformant to deliver this certificate to the registrar or a district registrar.
The Registrar of Births and Deaths cautions all persons against accepting or using this wrtiflwtc
for any purpose whatever except that of ring it to himself or a district registrar.
[OVER]
(BACK OF FORM 18)
NOTICE
By section 20 of the Births and Deaths Registration Ordinance, Chapter 174, it is enacted that
whenever a registered medical practitioner has been in attendance duiring the last illness of a deceased
person such practitioner shall sign and give to a qualified informant ofthe death a certificate ofthe cause of
death, and including a statement as to whether any, and if so what, anaesthetic was administered during the
said illness. The informant is bound to deliver the certificate to a regi strar.
Persons qualified to he idormants for the registration of the death, and
to whom only this certificate should he given
1 A RELATIVE of the deceased present at the death.
2 A RELATIVE of the deceased in attendance during the fast illness-
3 A person present at the death.
4 A person in attendance during the last illness.
5 The occupier of the house in which the death occurred.
6 An inmate of the house in which the death occurred.
7 The person causing the body of the deceased to be buried.
Penalty for failing to give information within the 24 hem (in which travelling time and general holidays
as de~ by the Holidays Ordinance (Chapter 149) shall not be included) next following death is 51,000
fine or 6 mouths' imprisonment.
Informants must be prepared to state accurately to the registraror a district registrar the following
particulars
(1) the date and place of death;
(2) thefull names names and surname of deceased;
(3) the correct age of deceased; and
(4)the rank, profession, or occupation of deceased and nationality so far as is known. [If deceased is a
child or an unmarried person without occupation or property the full names and rank or profession
of the father will be required (except in the case of illegitimate children); if a wife or wido. those of
the husband or deceased husband.]
(Replaced, G.N.A. 318148. Amended, 9 of 1957, s. 3, and L.N. 214174)
FORM 19 [s. 27(c).]
Declaration for correction of error in register
We, A.B., of
.................................................................................... and C.D.,
of ..........................................................................................
solemnly and sincerely declare that when the birth (or death) of E.F. was
registered on the ................day of 19
the following errors of fact or substance occurred in the register, viz.,
(here set forth the error or errors).
And we further solemnly and sincerely declare that the true facts of the
case are as follows:~-
(here setforth the tritefacts).
And we make this solemn declaration conscientiously believing the same
to be true land by virtue of the Oaths and Declarations Ordinance. (Cap. 11.)
(Signed) A.B.
C.D.
Declared at ......................................... in Hong Kong
this .............day of 19
Before me,
(Signed)
Registrar.
(Replaced, L.N. 214174)
Originally 21 of 1934. 18 of 1948. (Cap. 174, 1950.) 34 of 1939. G.N.A. 65/48. 10 of 1948. G.N.A. 143/48. G.N.A. 318/48. 26 of 1949. G.N.A. 186/49. 22 of 1950. 12 of 1951. G.N.A. 105/51. 12 of 1953. G.N.A.85/86. G.N.A. 18/57. 9 of 1957. G.N.A. 85/57. G.N.A. 55/58. G.N.A. 76/58. G.N.A. 27/59. G.N.A. 16/60. G.N.A. 57/60. G.N.A. 136/61. G.N.A. 41/62. L.N. 9/63. L.N. 133/63. L.N. 10/64. 1 of 1965. 40 of 1967. 57 of 1967. L.N.2/68. L.N. 194/70. 29 of 1971. L.N. 97/72. L.N. 130/72. 48 of 1972. 53 of 1972. L.N. 51/74. 53 of 1974. L.N. 214/74. 48 of 1975. L.N. 70/76. L.N. 319/76. L.N. 213/77. 38 of 1979. 52 of 1979. L.N. 195/82. 80 of 1982. L.N. 405/83. 67 of 1984. L.N. 292/85. L.N. 2/86. 51 of 1986. Short title. Interpretation. [cf. 1874c. 88, s. 48.] Form 3. Duty of registrar to procure registration of births. Saving for father of illegitimate child. [cf. 1874 c.88, s. 7.] Registration of name of child or of alternation of name. [cf. 1874 c. 88, s. 8.] Forms 4 and 5. Forms 6 and 7. Information of death to be given in various cases to registrar, etc. [cf. 1874 c. 88, s 10.] (Cap. 149.) [cf. 1874 c. 88,s. 11.] [cf. 1874 c. 88, s. 16.] Registrar, staff and general register office. First Schedule. Register books. First Schedule. Forms 1 and 2. Certified copies of entries in district registers to be sent to general register office for record. Inspection. Duty of parent or occupier to register birth. [cf. 1874 c, 88, s. 1.] Information respecting living new-born child to be given to a registrar. [cf. 1874 c, 88, s. 3.] Registration of births, certificates of birth. (Cap. 149.) Duty of registrars to procure registration of deaths. (Cap. 267.) Restriction on removal of dead body. Form 8. Form 9. Issue of certificate of registration of death or of certificate of order for burial. Form 10. Form 11, Form 12. Burial of deceased child as still-born, etc. [cf. 1874 c. 88, s. 18.] Form 13. Form 14. Notice where coffin contains more than one body. [cf. 1874 c. 88, s. 19.] Forms 15, 16 and 17. Provisions as to certificates of cause of death. [cf. 1874 c. 88, s. 20.] Form 18. Investigation of cause of death and of correctness of death certificate. Searches of books and indexes in general register office, certificates, fees, etc.; particular search; general search; who may search. Shortened form of birth certificate. [cf. 1947 c. 12.] Official seal; evidential value of entry or certificate. Penalty for not duly registering births and deaths. Correction of errors in register. [cf. 1874 c. 88, s. 36.] Form 19. Penalty. Forms and power to make orders and amend the Schedules. Registers formerly kept under former Ordinances. Power to alter fees.
Abstract
Originally 21 of 1934. 18 of 1948. (Cap. 174, 1950.) 34 of 1939. G.N.A. 65/48. 10 of 1948. G.N.A. 143/48. G.N.A. 318/48. 26 of 1949. G.N.A. 186/49. 22 of 1950. 12 of 1951. G.N.A. 105/51. 12 of 1953. G.N.A.85/86. G.N.A. 18/57. 9 of 1957. G.N.A. 85/57. G.N.A. 55/58. G.N.A. 76/58. G.N.A. 27/59. G.N.A. 16/60. G.N.A. 57/60. G.N.A. 136/61. G.N.A. 41/62. L.N. 9/63. L.N. 133/63. L.N. 10/64. 1 of 1965. 40 of 1967. 57 of 1967. L.N.2/68. L.N. 194/70. 29 of 1971. L.N. 97/72. L.N. 130/72. 48 of 1972. 53 of 1972. L.N. 51/74. 53 of 1974. L.N. 214/74. 48 of 1975. L.N. 70/76. L.N. 319/76. L.N. 213/77. 38 of 1979. 52 of 1979. L.N. 195/82. 80 of 1982. L.N. 405/83. 67 of 1984. L.N. 292/85. L.N. 2/86. 51 of 1986. Short title. Interpretation. [cf. 1874c. 88, s. 48.] Form 3. Duty of registrar to procure registration of births. Saving for father of illegitimate child. [cf. 1874 c.88, s. 7.] Registration of name of child or of alternation of name. [cf. 1874 c. 88, s. 8.] Forms 4 and 5. Forms 6 and 7. Information of death to be given in various cases to registrar, etc. [cf. 1874 c. 88, s 10.] (Cap. 149.) [cf. 1874 c. 88,s. 11.] [cf. 1874 c. 88, s. 16.] Registrar, staff and general register office. First Schedule. Register books. First Schedule. Forms 1 and 2. Certified copies of entries in district registers to be sent to general register office for record. Inspection. Duty of parent or occupier to register birth. [cf. 1874 c, 88, s. 1.] Information respecting living new-born child to be given to a registrar. [cf. 1874 c, 88, s. 3.] Registration of births, certificates of birth. (Cap. 149.) Duty of registrars to procure registration of deaths. (Cap. 267.) Restriction on removal of dead body. Form 8. Form 9. Issue of certificate of registration of death or of certificate of order for burial. Form 10. Form 11, Form 12. Burial of deceased child as still-born, etc. [cf. 1874 c. 88, s. 18.] Form 13. Form 14. Notice where coffin contains more than one body. [cf. 1874 c. 88, s. 19.] Forms 15, 16 and 17. Provisions as to certificates of cause of death. [cf. 1874 c. 88, s. 20.] Form 18. Investigation of cause of death and of correctness of death certificate. Searches of books and indexes in general register office, certificates, fees, etc.; particular search; general search; who may search. Shortened form of birth certificate. [cf. 1947 c. 12.] Official seal; evidential value of entry or certificate. Penalty for not duly registering births and deaths. Correction of errors in register. [cf. 1874 c. 88, s. 36.] Form 19. Penalty. Forms and power to make orders and amend the Schedules. Registers formerly kept under former Ordinances. Power to alter fees.
Identifier
https://oelawhk.lib.hku.hk/items/show/2767
Edition
1964
Volume
v13
Subsequent Cap No.
174
Number of Pages
24
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BIRTHS AND DEATHS REGISTRATION ORDINANCE,” Historical Laws of Hong Kong Online, accessed April 30, 2025, https://oelawhk.lib.hku.hk/items/show/2767.