DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE

DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE

LAWS. OF HONG KONG

DEATHS REGISTRATION (SPECIAL REGISTERS)

ORDINANCE

CHAPTER 176





CHAPTER 176

DEATHS REGISTRATION (SPECIAL REGISTERS)
ORDINANCE

ARRANGEMENT OF SECTIONS

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

PART 1

PRELIMINARY

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

PART H

GENERAL

3. Death registers deemed lost ... ... ... ... ... ... ... ... ... ... ... ... 3

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

5. Requirement of registration in No. 1 registers ... ... ... ... ... ... ... ... 1
6. Requirement of registration in No. 2 registers ... ... ... ... ... ... ... ... 3
7. Indexes and searches ... ... ... ... ... ... ... ... ... ... ... ... ... 4
8. Official seal and evidential value of registers ... ... ... ... ... ... ... ... 4
9. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4
10. Penalty for loss or injury of register ... ... ... ... ... ... ... ... ... ... 4
11. [Repealed] ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 5
12. Correction of errors in register ... ... ... ... ... ... ... ... ... ... ... 5
[3. Forms and regulations ... ... ... ... ... ... ... ... ... ... ... ... ... 5

First Schedule. Lost Registers of Deaths ... ... ... ... ... ... ... ... ... ... S Second Schedule. Forms
of Nos. 1 and 2 Registers (1896) ... ... ... ... ... ... 7 Third Schedule. Forms of Nos. 1 and 2
Registers 1934) ... ... ... ... ... ... ... 8 Fourth Schedule. Fees and Form of Declaration for
Correction of Error ... ... ... ... 9





CHAPTER 176

DEATHS REGISTRATION (SPECIAL REGISTERS)

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

[31 December 1947.1

PART 1

PRELIMINARY

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

2. In this Ordinance

'death certificate (1896)- means a certified and scaled copy of an entry
of a death. given pursuant to section 16 of the Births and Deaths
Registration Ordinance 1896,

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

-general register office- means the general register office appointed
under section 3(1)(c) of the Births and Deaths Registration
Ordinance. (Replaced, 38 of1979, s. 2)

---lostregister (1896)- means any register book of deaths 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 deaths 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 (1896)' means a special register of deaths kept under
the provisions of this Ordinance for the purpose of registering
death certificates (1896),

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





'No. 1 register (1934)- means a special register of deaths kept under the
provisions of this Ordinance for the purpose of registering death
certificates (1934),

---No. 2 register (1934)' means a special register of deaths kept under
the provisions of this Ordinance for the purpose ot registering
evidence other than a death 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 qf
1949, s. 2)

'Special register of deaths' means 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 II

GENERAL

3. All the register books of deaths specified in Part 1 and Part II of
the First Schedule are hereby deemed to have been permanently lost as
from 25 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 deaths as follows

(a) No. 1 register (1896);

(b) No. 2 register (1896);

(c) No. 1 register( 1934);

(d) No. 2 register (1934).

(Amended, 26 of1949, s. 3)

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

(2) Any person in possession of a death certificate (1934) may
require the Registrar to register the death to which such certificate
relates in the No. 1 register (1934) and such death 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 death certificate
(1896) but who by means of other evidence satisfies the Registrar that
the death to which such evidence relates was registered in the lost
register (1896) may require the Registrar to register the death in the No.
2 register (1896) and such death shall be registered accordingly without
payment of any fee.





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

(3) No death shall be registered in 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 deaths
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 (1896) shall be received as evidence of the death 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 death certificate (1934) by section 24 of the principal Ordinance.

(4) Every entry and every certified copy of an entry in 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 death) to
the satisfaction of the Registrar has been produced that the death to
which such entry or certified copy thereof relates was registered in the
appropriate lost register. (Replaced, 18 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 Fourth Schedule.

10. Any person who having custody of the special register of
deaths 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. 41

12. With regard to the correction of errors in the special register of
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 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 of1949, s. 3)

13. (1) The forms prescribed in the Schedules shall he 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, 42 of 1967, s. 2)

FIRST SCHEDULE [s. 3.1

LOST REGISTERS OF DEATHS

PART 1

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

Serial Particulars of lost registers Office where death
No. of deaths registered
1. Register for the period 3 October 1931 to Kowloon Registry Office.
31 December 193 1. both days inclusive.
2. Register for the period 28 September do
1932 to 31 December 1932, both day's
inclusive.
3. Register for the year 1924.Yau Ma Tei Police Station.





PART II

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

Serial Particulars of lost registers Office where death
No. of deaths registered
1. Register for the period 1 September General Register Office.
1937 to 29 November 1937, both days
inclusive.
2. Register for the period 10 April 1938 to do
15 August 1938. both days inclusive.
3. Register for the period 29 March 1939 to -do-
3 May 1939, both day's inclusive.
4. Register for the period 13 November do
1941 to 24 December 1941, both days
inclusive.
5. Register for the period 1 January 1940 Aberdeen Police Station.
to 24 December 1941. both days
inclusive.
6. Register for the period 1 January 1939 Stanley, Police Station.
to 24 December 1941. both days
inclusive.
7. Register for the period 1 January 1940 Kowloon Registry Office-
to 24 December 1941. both days
inclusive.
8. Register for the period 1 January 1940 Au Tau Police Station.
to 24 December 1941. both days
inclusive
9. Register for the period 1 January 1939 Cheung Chau Police Station.
to 24 December 1941. both day days
inclusive.
10. Register for the period 1 January 1939 Lok Ma Chau Police Station.
to 24 December 1941. both days
inclusive.
11. Register for the period 1 January 1939 Pine Shan Police Station.
to 24 December 1941, both days
inclusive.
12. Register for the period 1 January 1939 Sai Kung Police Station.
to 24 December 1941. both days
inclusive.
13. Register for the period 1 January 1939 Sha Tau Kok Police Station.
to 24 December 1941. both days
inclusive.

14. Register for the period 1 January 1940 Sha Tin Police Station.
to 24 December 1941. both days
inclusive.

15.Register for the period 1 January 1939 Sheung Shui Police Station.

to 24 December 1941, both days
inclusive.

16. Register for the period 1 January 1939 Tai 0 Police Station.
to 24 December 1941, both days
inclusive.
17. Register for the period 1 January 1939 Tai Po Police Station.
to 24 December 1941. both days
inclusive.
18. Register for the period 1 January 1939 Tsuen Wan Police Station.
to 24 December 1941. both days
inclusivr





SECOND SCHEDULE [s. 4.1
FORM 1 [No. 1 Register 1896).]

REGISTER BOOK OF DEATHS

19 Deaths in the district of Hong Kong.



FORM 2 [No. 2 Register (1896).]
REGISTER BOOK OF DEATHS

19 Deaths in the district ofHong Kong.





THIRD SCHEDULE [s. 4.1

FORM 1 [No. 1 Register (1934).]

REGISTER BOOK OF DEATHS

'19 Deaths in the district of Hong Kong.



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

REGISTER BOOK OF DEATHS

19 Deaths in the district ofHong Kong.





FOURTH SCHEDULE
PART I
FEES



The following fees shall he paid in connexion with searches corrections of
errors and certified copies ofentries in the register books-

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 ............. S10.00
1 A search either in indexes or in the books
for information other than that concerning any given
entry i.e. a general search

3. A correction of an error in an error in any register book... 40.00

4. A certified copy ofan entry in am of the register

books.......................... ........................................................................... 10.00

But if posted to an addressee outside Hong
Kong .................. 20.00
and if required to be sent by airmail....... an additional aillount
.......................equal to the airnlail
.......................postage at the normal
.......................rate.

Amended. L.N. 43 6i. LA, ISO1-6 -5


PART 11

FORM 1


DECLARATION FOR CORRECTION OF
ERROR IN
SPECIAL REGISTER OF DEATHS



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


of .................................... solemnly and


sincerely declare that when the 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 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.

(Signed) A.B.


C.D.


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



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



Before me,

(Signed)


Registrar


(Replaced, L.N. 216174)
Originally 51 of 1947. (Cap. 176. 1950.) 26 of 1949. G.N.A. 215/49. 22 of 1950. 18 of 1953. L.N. 43/65. 42 of 1967. 48 of 1972. L.N. 180/74. L.N. 216/74. L.N. 176/75. 38 of 1979. L.N. 192/84. Short title. Interpretation. (16 of 1896.) (Cap. 174.) Death registers deemed lost. First Schedule. Register books. Second Schedule. Forms 1 and 2. Third 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. Fourth Schedule. Part I. Penalty for loss or injury of register. Correction of errors in register. Fourth Schedule. Part II. Form 1. Forms and regulations.

Originally 51 of 1947. (Cap. 176. 1950.) 26 of 1949. G.N.A. 215/49. 22 of 1950. 18 of 1953. L.N. 43/65. 42 of 1967. 48 of 1972. L.N. 180/74. L.N. 216/74. L.N. 176/75. 38 of 1979. L.N. 192/84. Short title. Interpretation. (16 of 1896.) (Cap. 174.) Death registers deemed lost. First Schedule. Register books. Second Schedule. Forms 1 and 2. Third 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. Fourth Schedule. Part I. Penalty for loss or injury of register. Correction of errors in register. Fourth Schedule. Part II. Form 1. Forms and regulations.

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