BIRTHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE

BIRTHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE

LAWS OF HONG KONG

BIRTHS REGISTRATION (SPECIAL REGISTERS)

ORDINANCE

CHAPTER 175





CHAPTER 175

BIRTHS REGISTRATION (SPECIAL REGISTERS)
ORDINANCE

ARRANGEMENT OF SECTIONS

Section ..................................Page

PART I
PRELIMINARY

1. Short title......................... ... ... ... ... ... ... ... ... ... 2

2...........Interpretation ............. ... ... ... ... ... ... ... ... ... ... 2

PARTII
GENERAL

3..................Birth registers deemed lost ... ... ... ... ... ... ... ... ... ... 3

4.............Register books ................. ... ... ... ... ... ... ... ... 3

5...........................Requirement of registration in No. 1 registers ... ... ... ... ... ... 3
6...........................Requirement of registration in No. 2 registers ... ... ... ... ... ... 4

7................Indexes and searches ......... ... ... ... ... ... ... ... ... ... 4

8...........................Official seal and evidential value of registers ... ... ... ... ... ... 4

9.......Fees .................................. ... ... ... ... ... ... ... ... 5

10.....................Penalty for loss or injury of register ... ... ... ... ... ... ... ... 5

11..........[Repealed] ........................ ... ... ... ... ... ... ... ... 5

12...................Correcting of errors in register ... ... ... ... ... ... ... ... ... 5

13...............Forms and regulations ........ ... ... ... ... ... ... ... ... ... 6

First Schedule..........Lost Registers of Births ... ... ... ... ... ... ... ... 6

Second Schedule................Forms of Nos. 1 and 2 Registers (1872) ... ... ... ... ... 9
Third Schedule.................Forms of Nos. 1 and 2 Registers (1996) ... ... ... ... ... 10
Fourth Schedule................Forms of Nos. 1 and 2 Registers (1934) ... ... ... ... ... 11

Fifth Schedule.........................Fees and Form of Declaration for Correction of Error ... ... 12





CHAPTER 175

BIRTHS REGISTRATION (SPECIAL REGISTERS)

Toauthorize the Registrar of Births and Deaths to keep special
registers of births for the purpose of registering births previously
registered in specified lost registers.

\[ 1 8th December, 1947.]

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Births Registration (Special
Registers) Ordinance.

2. In this Ordinance, unless the context otherwise requires

'birth certificate (1872)' means a certified and sealed copy of an entry of
a birth, given pursuant to section 16 of the Births and Deaths
Registration Ordinance 1872,

'birth certificate (1896)' means a certified and sealed copy of an entry of
a birth, given pursuant to section 16 of the Births and Deaths
Registration Ordinance 1896;

'birth certificate (1934)' means a certified and sealed copy of an entry of
a birth, given pursuant to section 24 of the principal Ordinance;

9 general register :

office means the office of the Registrar;

'lost register (1872)' means any register book of births formerly kept in
accordance with the provisions of the Births and Deaths
Registration Ordinance 1872 and which, under section 3 of this
Ordinance, is deemed to have been lost;

'lost register (1896)' means any register book of births formerly kept in
accordance with the provisions of the Births and Deaths
Registration Ordinance 1896 and which, under section 3 of this
Ordinance, is deemed to have been lost;

'lost register (1934)' means any register book of births formerly kept in
accordance with the provisions of the principal Ordinance and
which, under section 3 of this Ordinance, is deemed to have been
lost;

'No. 1 register (1872)' means a special register of births kept under the
provisions of this Ordinance for the purpose of registering birth
certificates (1872);

'No. 2 register (1872)' means a special register of births kept under the
provisions of this Ordinance for the purpose of registering
evidence other than a birth certificate (1872) of previous registration
in the lost register (1,872);





'No. 1 register (1896)' means a special register of births kept under the
provisions of this Ordinance for the purpose of registering birth
certificates (1896);

'No. 2 register (1896)' means a special register of births kept under the
provisions of this Ordinance for the purpose of registering evidence
other than a birth certificate (1896) of previous registration in the
lost register (1896);

'No. 1 register (1934)' means a special register of births kept under the
provisions of this Ordinance for the purpose of registering birth
certificates (1934);

'No. 2 register (1934)- means a special register of births kept under the
provisions of this Ordinance for the purpose of registering evidence
other than a birth certificate (1934) of previous registration in the
lost register (1934);

'principal Ordinance' means the Births and Deaths Registration
Ordinance;

'Registrar' means the Registrar of Births and Deaths; (Amended, 26 of
1949, s. 2)

'special register of births' means the No. 1 register (1872), or the No. 2
register (1872), or the No. 1 register (1896), or the No. 2 register
(1896), or the No. 1 register (1934), or the No. 2 register (1934), as
the context requires.

PART 11

GENERAL

3. All the register books of births specified in Part 1, Part II and Part
111 of the First Schedule are hereby deemed to have been permanently
lost as from the 25th December 1941.

4. For the purposes of this Ordinance, the Registrar shall cause to
be printed in the prescribed form, and kept in the general register office,
special register books of births as follows

(a) No. 1 register (1872);

(b) No.- 2 register (1872);

(e) No. 1 register (1896);

(d) No. 2 register (1896);

(e) No. 1 register (1934);

No. 2 register (1934).,

(Amended, 26 of 1949, s. 3)

5. (1) Any person in possession of a birth certificate (1872) may
require the Registrar to register the birth to which such certificate relates
in the No. 1 register (1872) and such birth shall be registered accordingly
without payment of any fee.





(2) Any person in possession of a birth certificate (1896) may
require the Registrar to register the birth to which such certificate relates
in the No. 1 register (1896) and such birth shall be registered accordingly
without payment of any fee.

(3) Any person in possession of a birth certificate (1934) may
require the Registrar to register the birth to which such certificate relates
in the No. 1 register (1934) and such birth shall be registered accordingly
without payment of any fee.

(Amended, 26 of 1949, s. 3)

6. (1) Any person who is unable to produce a birth certificate (1872)
but who by means of other evidence satisfies the Registrar that his birth
was registered in the lost register (1872) may require the Registrar to
register his birth in the No. 2 register (1872) and such birth shall be
registered accordingly without payment of any fee.

(2) Any person who is unable to produce a birth certificate (1896)
but who by means of other evidence satisfies the Registrar that his birth
was registered in the lost register (1896) may require the Registrar to
register his birth in the No. 2 register (1896) and such birth shall be
registered accordingly without payment of any fee.

(3) Any person who is unable to produce a birth certificate (1934)
but who by means of other evidence satisfies the Registrar that his birth
was registered in the lost register (1934) may require the Registrar to
register his birth in the No. 2 register (1934) and such birth shall be
registered accordingly without payment of any fee.

(4) No birth shall be registered in the No. 2 register (1872), the No. 2
register (1896) or the No. 2 register (1934) except with the consent of the
Registrar and the fact of such consent having been given shall be
entered in any such register.

(Amended, 26 of 1949, s. 3)

7. The Registrar shall cause indexes of the special register of births
to be made, and any person shall be entitled on payment of the
prescribed fee to require the Registrar to cause a search to be made of
such indexes and register and to receive a copy of any entry in the said
register certified under the hand of the Registrar and sealed or stamped
with the seal or stamp of the general register office.

(Amended, 26 of 1949, s. 3)

8. (1) The Registrar shall cause to be sealed or stamped with the
seal or stamp of the general register office all certified copies of entries
given in the said office.

(2) Every entry and every certified copy of an entry in the No. 1
register (1872) and in the No. 1 register (1896) shall be received as





evidence of the birth to which the same relates without other or further
proof of such entry.

(3) Every entry and every certified copy of an entry in the No. 1
register (1934) shall be of equivalent evidential value to that accorded to
a birth certificate (1934) by section 24 of the principal Ordinance.

(4) Every entry and every certified copy of an entry in the No. 2
register (1872), the No. 2 register (1896) or the No. 2 register (1934) shall
be received as proof that evidence (other than a certified and sealed
copy of an entry of birth) to the satisfaction of the Registrar has been
produced that the birth to which such entry or certified copy thereof
relates was registered in the appropriate lost register. (Replaced, 17 of
1953, s. 2)

(Amended, 26 of 1949, s. 3)

9. There shall be paid in respect of any matter for which a fee is
prescribed under this Ordinance, the fees specified respectively in Part 1
of the Fifth Schedule.

10. Any person who having custody of the special register of births
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 and shall be liable on summary conviction to a fine of
$1,000.

11. [Repealed, 48 of 1972, s. 4]

12. With regard to the correction of errors in the special register of
births, 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 the 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 the Registrar on payment of the prescribed
fee 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 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.

(Amended, 26 of 1949, s. 3)

13. (1) The forms prescribed in the Schedules shall be used in the
cases to which they refer.

(2) The Governor may by order published in the Gazette provide for

(a) the amendment of the Schedules; and

(b) the due carrying out of the Ordinance.

(Replaced, 41 of 1967, s. 2)

FIRST SCHEDULE [s. 3.1

LOST REGISTERS OF BIRTHS

PART 1

Registers of births formerly kept pursuant to the Births and Deaths
Registration Ordinance 1872.

Serial Particulars of lost registers Office where birth

No. of births registered

1. Register for the period 19th August General Register Office.
1874 to 31st December 1874, both
days inclusive.
2. Register for the period 1st January - do -
1875 to 13th September 1896, both
days inclusive.
3. Register for the period 1st January Aberdeen District Office.
1873 to 13th September 1896, both
days inclusive.
4. Register for the period 1st January Yau Ma Tei District Office.
1888 to 13th September 1896, both
days inclusive.

PART 11

Registers of births formerly kept pursuant to the Births and Deaths
Registration Ordinance 1896.

Serial Particulars of lost registers Office where birth

No. of births registered

1. Register for the period 14th September General Register Office.

1896 to 31st December 1900, both
days inclusive.

2. Register for the years 1903 to 1911. -do-
3. Register for the period 1st January do

1912 to 27th October 1912, both

days inclusive.





Serial Particulars of lost registers Office where birth

No. of births registered

4. Register for the period 14th September Aberdeen District Office.
1896 to 31st December 1912, both
days inclusive.
5. Register for the period 14th September Yau Ma Tei District Office.
1896 to 31st December 1912, both
days inclusive.
6. Register for the years 1908 to 1912. Kowloon City District
Office.

PART III

Registers of births formerly kept pursuant to the Births and Deaths
Registration Ordinance.

Serial Particulars of lost registers Office where birth

No. of births registered

1. Register for the years 1936 and 1937. General Register Office.
2. Register for the period 5th November do
1941 to 24th December 1941, both
days inclusive.
3. Register for the period 18th April 1936 Eastern District Office.
to 31st December 1936, both days
inclusive.
4. Register for the year 1937. do
5. Register for the period 11th MarchWestern District Office.
1937 to 31st December 1937, both
days inclusive.
6. Register for the period 1st January do
194,0 to 24th December 1941, both
days inclusive.
7. Register for the years 1936 and 1937. Central District Office.
8. Register for the period 1st January do
1940 to 24th December 1941, both
days inclusive.
9. Register for the period 8th June 1937 Shau Kei Wan District
to 31st December 1937, both days Office.
inclusive.
10. Register for the period 1st January Stanley District Office.
1940 to 24th December 1941, both
days inclusive.
11. Register for the period 1st January Aberdeen District Office.
1940 to 24th December 1941, both
days inclusive.
12. Register for the years 1936 and 1937. Yau Ma Tei District Office.
13. Register for the period 11 th December do
1940 to 24th December 1941, both
days inclusive.





Serial Particulars of lost registers Office where birth

No. of births registered

14. Register for the period 3rd December Sham Shui Po District
1940 to 24th December 1941, both Office.
days inclusive.
15. Register for the period 1st January Hung Hom District Office.
1940 to 24th December 1941, both
days inclusive.
16. Register for the period 1st January Kowloon City District Office.
1940 to 24th December 1941, both
days inclusive.
17. Register for the years 1936 and 1937. Au Tau District Office.
18. Register for the period 8th April 1941 do
to 24th December 1941, both days
inclusive.
19. Register for the period 1st January Cheung Chau District
1940 to 24th December 1941, both Office.
days inclusive.
20. Register for the period 1st January Lok Ma Chau District Office.
1940 to 24th December 1941, both
days inclusive.
21. Register for the period 1st January Ping Shan District Office.
1940 to 24th December 1941, both
days inclusive.
22. Register for the period 1st January Sai Kung District Office.
1940 to 24th December 1941, both
days inclusive.
23. Register for the period 1st January Sha Tau Kok District Office.
1940 to 24th December 1941, both
days inclusive.
24. Register for the period 1st January Sha Tin District Office.
1940 to 24th December 1941, both
days inclusive.
25. Register for the period 1st January Sheung Shui District Office.
1940 to 24th December 1941, both
days inclusive.
26. Register for the year 1937. Tai Po District Office.
27. Register for the period 1st January do
1940 to 24th December 1941, both
days inclusive.
28. Register for the period 1st January Tsuen Wan District Office.
194.0 to 24th December 1941, both
days inclusive.
29. Register for the year 1937. Tai 0 District Office.
30. Register for the period 1st January do
1940 to 24th December 1941, both
days inclusive.





SECOND SCHEDULE [s. 4.1

FORM 1 [No. 1 Register (1872).]
1872. Births in the district of Hong Kong.



FORM 2 [No. 2 Register (1872).]
1872. Births in the district of Hong Kong.






THIRD SCHEDULE [s. 4.1

FORM 1 [No. 1 Register (1896).]

REGISTER BOOK OF BIRTHS
19 Births in the district of Hong Kong.


FORm 2 [No. 2 Register (1896).]

REGISTER BOOK OF BIRTHS
19 Births in the district of Hong Kong.






FOURTH SCHEDULE [s. 4.1
FoRm 1 [No. 1 Register (1934).]

REGISTER BOOK OF BIRTHS

19 Births in the district ofHong Kong.


FORm 2 [No. 2 Register (1934).]

REGISTER BOOK oF BIRTHS

19 Births in the district ofHong Kong.





FIFTH SCHEDULE

PART 1 [s. 9.1

FEES

The following fees shall be paid in connexion with searches, corrections of
errors and certified copies of entries in the register book

1. A search either in indexes or in the register
books for any given entry over a period not exceeding

5 years, i.e. a particular search
2. A search either in indexes or in the register
books for information other than that concerning any
given entry i.e. a general search Q~

3. A correction of an error in any register book 5~

4. A certified copy of an entry in any of the

register books ............3-00 0

But if posted to an addressee outside the

Colony
............ ...............
and if required to be sent by airmail an additional
amount
............ .......equal to the airmail
............ .......postage at the normal
............ .......rate.

(Amended, L.N. 42165 and L.N. 179174)

PART 11 [s. 12.1

FORM 1



DECLARATION FOR CORRECTION OF ERROR IN
SPECIAL REGISTER OF BIRTHS


We,.....................A.B. of .................... and C.D.

Of .............................solemnly and


sincerely declare that when the birth 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 11t 9 -
case are as follows-(here set forth
the true facts).





And we 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.


Declared at ...................in Hong Kong



this ...day of ...........19



Before me,

(Signed)

Registrar.
JM-1f

(Replaced, L.N. 215174)
Originally 50 of 1947. (Cap. 175, 1950.) 26 of 1949. G.N.A. 214/49. 22 of 1950. 17 of 1953. L.N. 42/65. 41 of 1967. 48 of 1972. L.N. 179/74. L.N. 215/74. Short title. Interpretation. (7 of 1872.) (16 of 1896.) (Cap. 174.) Birth registers deemed lost. First Schedule. Register books. Second Schedule. Forms 1 and 2. Third Schedules Forms 1 and 2. Fourth Schedule. Forms 1 and 2. Requirement of registration in No. 1 registers. Requirement of registration in No. 2 registers. Indexes and searches. Official seal and evidential value of registers. Fees. Fifth Schedule. Part I. Penalty for loss or injury of register. Correcting of errors in register. Fifth Schedule. Part II. Form 1. Forms and regulations.

Originally 50 of 1947. (Cap. 175, 1950.) 26 of 1949. G.N.A. 214/49. 22 of 1950. 17 of 1953. L.N. 42/65. 41 of 1967. 48 of 1972. L.N. 179/74. L.N. 215/74. Short title. Interpretation. (7 of 1872.) (16 of 1896.) (Cap. 174.) Birth registers deemed lost. First Schedule. Register books. Second Schedule. Forms 1 and 2. Third Schedules Forms 1 and 2. Fourth Schedule. Forms 1 and 2. Requirement of registration in No. 1 registers. Requirement of registration in No. 2 registers. Indexes and searches. Official seal and evidential value of registers. Fees. Fifth Schedule. Part I. Penalty for loss or injury of register. Correcting of errors in register. Fifth Schedule. Part II. Form 1. Forms and regulations.

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