MARRIAGE REFORM ORDINANCE

MARRIAGE REFORM ORDINANCE

LAWS OF HONG KONG

MARRIAGE REFORM ORDINANCE

CHAPTER 178





CHAPTER 178

MARRIAGE REFORM ORDINANCE

ARRANGEMENT OF SECTIONS

Section Page

PART 1

PRELIMINARY

1. Short title ................................ ... ... ... ... ... ... ... 3
2. Interpretation ............................. ... ... ... ... ... ... ... 3

3. Power to appoint day........................ ... ... ... ... ... ... ... 3

PART 11

MARRIAGES ON AND AFTER APPOINTED DAY

4. Marriages on and after appointed day to be monogamous ... ... ... ... 4

5. Status of concubinage not to be acquired on and after appointed day ... ... 4

6. kim tiu marriages not to be entered into ... ... ... ... ... ... 4

PART 111

CUSTOMARY AND N40DERN MARRIAGES

7. Customary marriage.......................... ... ... ... ... ... 4
8. Validation of modern marriage............... ... ... ... ... ... ... ... 5

PART IV

POST-REGISTRATION OF CUSTOMARY MARRIAGES
AND VALIDATED MARRIAGES

9. Registration of customary marriages and validated marriages ... ... ... ... 5

10. Power of Registrar ........................ ... ... ... ... ... ... ... 6

11. Effect of certificate of marriage registered under this Part ... ... ... ... ... 7
12. Correction of error in certificate of marriage ... ... ... ... ... ... ... ... 7

13. Searches may be made and certified copies granted ... ... ... ... ... 7

PART V

DISSOLUTION OF VALIDATED MARRIAGES AND CUSTOMARY MARRIAGES

14. Dissolution of validated marriages ... ... ... ... ... ... ... ... ... ... 7
15. Dissolution of certain marriages on and after the appointed day ... ... ... 7
16. Notice of intention to dissolve marriage ... ... ... ... ... ... ... ... ... 7
17. Parties may appear before designated public officer ... ... ... ... ... ... 8

18. Functions of designated public officer ..... ... ... ... ... ... ... ... 8
19. Memorandum of dissolution of marriage ...... ... ... ... ... ... ... 8

20. Registration of memorandum for dissolution of marriage ... ... ... ... ... 9

21. Register of dissolutions of marriage ....... ... ... ... ... ... ... ... 9

22.......................Governor may designate public officers ... ... ... ... ... ... ... ... 9











Section Page
PART VA

VALIDATION OF DISSOLUTION IN HONG KONG OF
CERTAIN
MARRIAGES CELEBRATED IN CHINA

22A. Validation of dissolution of certain Chinese marriages ... ... ... ... ... ... 9

PART VI

MISCELLANEOUS

23. Penalty for removing, etc. records ... ... ... ... ... ... ... ... ... ... 10
24. Power to make regulations ... ... ... ... ... ... ... 1 . ... ... ... 10





CHAPTER 178

MARRIAGE REFORM

To make provision withto customary marriages, concubin-
age, modern marriages (111(1 the dissolution of marriages,
for connected purposes.

10 July 1970.1

PART 1

P R F. 1,1 M 1
PERLIMINARY R

1. This Ordinance may he cited as the Marriage Reform Ordinance.

2. In this Ordinance, unless the context otherwise requires

day means the day appointed for the purpose of this
Ordinance by, the Governor under section 3;

Chinese law and custom' means such of the laws and customs of China
as would immediately prior to 5 April 1843 have been applicable to
Chinese inhabitants of the Colony.,

'customary marriage- means a marriage celebrated in Hon. Kong in
accordance with section 7;

designated public officer- means a public officer designated for the
purposes of Part V by the Governor under section 22,

.,modern marriage' means a marriage celebrated in Hong Kong before
the appointed day by open ceremony as a modern marriage and in
the presence of 2 or more witnesses.

-parties to a customary marriage- means the husband and the principal
wife (tsai) whether such wife is a kit fat or a tin fong wife; and, for
the avoidance of doubt, 'party to a customary marriage' does not
include a concubine (tsip);

'Registrar' means the Registrar of Marriages, and any deputy registrar
of marriages, appointed under section 3 of the Marriage Ordinance;

-validated marriage' means a modern marriage made valid by section 8.

3. The Governor may by notice in the Gazette appoint a day to be
the appointed day for the purposes of this Ordinance.

Note:The Governor has appointed 7 October 1971 to be the appointed day
for the purposes of the Ordinance-L.N. 187/70.





PART 11

MARRIAGES ON AND AFTER APPOINTED
DAY

4. Marriages entered into in Hong Kong on or after the appointed
day shall imply the voluntary union for life of one man with one woman
to the exclusion of all others and may be contracted only in accordance
with the Marriage Ordinance.

(Amended, 62 Qf 1979, s. 2)

5. (1) On or after the appointed day, no man may take a concubine
and no woman may acquire the status of a concubine.

(2) Subsection (1) shall not affect in any way-

(a)the status or rights of a concubine lawfully taken before the
appointed day; or

(b)the status or rights of a child, whether born before, on or after
the appointed day, of a concubine lawfully taken before the
appointed day.

6. (1) On or after the appointed day no person shall contract a Kim
flu marriage.

(2) Subsection (1) shall not affect in any way---

(a)the status or rights of a party to a Kim flu marriage lawfully
contracted before the appointed day;

(b)the status or rights of a child, whether born before, on or after
the appointed day, of parties to a kin? flu marriage contracted
before the appointed day.

PART 111

CUSTOMARY AND MODERN
MARRIAGES

7. (1) For the purposes of this Ordinance, a marriage shall
constitute a customary marriage if it was or is celebrated in Hong Kong
before the appointed day in accordance with Chinese law and custom.

(2) A marriage shall be deemed to accord with Chinese law and
custom if it was celebrated or is celebrated before the appointed day in
Hong Kong in accordance with the traditional Chinese customs
accepted at the time of the marriage as appropriate for the celebration of
marriage either

(a)in the part of Hong Kong where the marriage took place; or

(b)in the place recognized by the family of either party to the
marriage as their family place of origin.





(3) A customary marriage of persons who are subject to Chinese
law and custom is hereby declared to be a valid marriage.

8. Subject to section 14, every marriage celebrated in Hong Kong
before the appointed day as a modern marriage by a man and a woman
each of whom. at the time of the marriage. was not less than 16 years of
age and was not married to any other person shall be a valid marriage,
and shall be deemed to have been valid since the time of celebration,
notwithstanding

(a)that the proper personal law and religion of the parties, or one
of them, was Chinese law and custom. and the marriage was
prohibited by or failed to comply with the requirements of
Chinese law and custom; or

(b)that the marriage was not under and in accordance with the
Marriage Ordinance.

c

PARTIV

POST-REGISTRATION OF CUSTOMARY
MARRIAGES
AND VALIDATED MARRIAGES

9. 1 The Registrar shall maintain separate registers for the
registration of customary marriages and validated marriages.

(2) The parties to a customary marriage or a validated marriage
celebrated in Hong Kong before the appointed day may apply to the
Registrar in the prescribed manner at any time for the registration of
their marriage.

(3) The District Court shall have jurisdiction to hear and determine
an application by a person claiming to be a party to a customary
marriage or a validated marriage for a declaration that a customary
marriage or validated marriage, as the case may be, subsists between
that person and the other party to such marriage where

(a) the other party disputes the existence of the marriage;

(h)the other party is unwilling to join in the application for the
registration of the marriage under this section; or

(c)the whereabouts of the other party cannot after careful and
reasonable inquiry be ascertained or it is for any other reason
impracticable for such other party to be apprised of the
application for the registration of the marriage under this
section. (Replaced, 62 of 1979, s. 3)

(4) One party to a customary marriage or a validated marriage
celebrated in Hong Kong before the appointed day may

(a)with the consent in writing of the other party to the marriage;
or





(b)where the District Court has under subsection (3) declared the
marriage to subsist,

apply to the Registrar in the prescribed manner at any time for the
registration of the marriage.

(5) Where the Registrar is satisfied that-

(a)the particulars contained in any application under this section
are true; and

(b)a form of marriage did take place between the parties named at
the time and place and before the witnesses specified in the
application; and

(e)the marriage constitutes either a valid customary marriage or a
validated marriage,

he shall prepare a certificate of marriage in the prescribed form and the
Registrar, and the applicants, or applicant as the case may be. and 2
witnesses to the marriage, shall thereupon sign duplicate certificates;
but a certificate shall not be invalidated by the absence of signature by
one or both witnesses if the Registrar is satisfied that one or both is or
are not available, and cannot reasonably be made available, to sign and
he records that he is so satisfied on the certificate.

(6) When a certificate is signed in accordance with subsection (5),
the Registrar shall deliver one certificate to the applicants or applicant
and the other certificate shall form part of the register which the
Registrar is required to maintain under subsection (1).

(7) Where, on an application to the Registrar under this section, the
Registrar is not satisfied with respect to the matters specified in
subsection (5)(a), (b) and (e), a party to the marriage may apply to the
District Court for a declaration that a customary marriage or a validated
marriage, as the case may be, subsists between the parties, and the
District Court shall have Jurisdiction to hear and determine any such
application.

10. (1) Upon receipt of an application under section 9 for the
registration of a customary marriage or a validated marriage, the
Registrar may

(a)summon before him any applicant, any alleged party to the
marriage and any person alleged to have been present at the
marriage, and may require any person so summoned to answer
such questions as the Registrar may ask for the purpose of
determining the application before him;

(b)require any applicant to furnish such further information either
by statutory declaration or otherwise as he may reasonably
require.

(2) Any person who, without lawful excuse, fails to comply with a
summons or requirement issued or made under subsection (1) shall be
guilty of an offence and shall be liable to a fine of 1,000 and to
imprisonment for 6 months.





11. A certificate of marriage registered under this Part. or a copy, of
such a certificate. shall if it purports to be signed and certified as a true
copy by the Registrar and to be sealed or stamped with his official seal
be admissible as evidence of the marriage to which it relates in any court
and before any person having by law or by consent of parties authority
to hear, receive, and examine evidence.

12. The Registrar may correct any clerical error in any certificate of
marriage registered under this Part on production to him of the certificate
delivered to the parties, and shall authenticate every such correction by
his signature, or by marking the same with his initials, and the date of
making the correction.

13. The Registrar may allow searches to be made amongst all
certificates. registers and indices in his possession for the purposes of
this Part and may give a certified copy of any entry therein. and s

1,, tie a certificate that there is no record of a marriage between certain
named persons having been registered under this Part.

PART V

DISSOLUTION Ol. VALIDATED MARRIAGES
AND
CUSTIMARY MARRIAGES

14. The dissolution. at any time before the appointed day, of a
validated marriage by the mutual consent of the parties to the

c

marriage signified by the signature of each of the parties in the presence
of 2 other persons who have also signed as attesting witnesses, to an
agreement or memorandum in writing which sets forth unequivocally the
final and complete dissolution of the marriage shall be valid for all
purposes and shall be deemed to have been so valid since the execution
of the agreement or memorandum.

15. A customary marriage or a validated marriage subsisting on the
appointed day and registered in accordance with Part IV may where at
least one party to the marriage has a substantial connexion with Hong
Kong be dissolved on or after the day upon which such marriage has
been so registered

(a) in accordance with the Matrimonial Causes Ordinance; or

(b) in accordance with this Part.

(Replaced, 62 of 1979, s. 4)

16. (1) The parties to a marriage, of a kind which may be dissolved
under this Part, may give notice of their intention to dissolve the
marriage in the prescribed form to a designated public officer, signed by
both parties to the marriage and published or otherwise given in such
manner as may be prescribed.





(2) A person who has given notice in accordance with subsection
(1) may, by publication or otherwise as may be prescribed. cancel such
notice.

17. (1) Not less than one month after the giving of notice under
section 16(1), the parties to the marriage may, if neither of them has
cancelled the notice under section 16(2), appear personally before the
designated public officer to whom notice was given for the purpose of
satisfying him that each of them wishes voluntarily and freely to
dissolve his or her marriage to the other.

(2) If a designated public officer is satisfied that the parties
appearing before him

(a)have given notice of intention to dissolve their marriage under
subsection (1) of section 16 and notice of changed intention
under subsection (2) of that section has not been given; and

(b)understand that the effect of dissolution is to put an end to
the marriage so as to permit the parties to marry again should
either of them so wish; and

(c) freely and voluntarily desire to dissolve the marriage.

lie shall sign the prescribed form in duplicate and deliver er one copy to
each of the parties.

18. For the purposes of section 17. a designated public officer-

(a)shall interview each of the parties to a marriage appearing
before him in the presence of each other and also in the
absence of each other, and no other person. except an
interpreter (should one be necessary), shall be present at any
such interview.,

(b)may require the parties or either of them to appear before him
again on some specified occasion or occasions,

(c)may require the parties or either of them to furnish such
further information as he may reasonably require.

19. (1) The parties to a marriage may. within one month of the
delivery to them under section 17 of the prescribed forms by, a
designated public officer, sign, in Hong Kong in the presence of each
other and in the presence of 2 other adult persons who shall also sign as
attesting witnesses, an agreement or memorandum in writing for the
dissolution of the marriage unequivocally with effect from registration
under section 20.

(2) An agreement or memorandum for the dissolution of a marriage,
signed and witnessed in the manner required by subsection (1), shall
have the effect, as from registration under section 20 of dissolving the
marriage.





20. The parties to an agreement or memorandum for the dissolution
of a marriage signed under and in accordance with section 19 shall,
within 14 days from the date of signature or such longer period as the
designated public officer before whom the parties appeared under
section 17 may for special reasons in any particular case permit, register.
either personally or through their duly authorized agent, particulars of
the agreement or memorandum for dissolution of marriage with the
designated public officer before whom the parties appeared under
section 17; and that officer shall endorse on the agreement or
memorandum a record of registration
under this section.

21. (1) The Secretary for Home Affairs shall maintain a

register for the registration of dissolutions of marriage effected
under section 19.

(2) A designated public officer with whom a dissolution of
marriage is registered under section 20 shall send to the Secretary for
Home Affairs once in each month, or more often if so directed by
the Secretary for Home Affairs, particulars of all such dissolutions
registered by him and the Secretary for Home Affairs shall cause
such particulars to be entered in the register and preserved for record
at his office.

22. The Governor by notice in the Gazette may designate public
officers for the purposes of this Part.

PART VA

VALIDATION OF DISSOLUTION IN HONG KONG
OF
CERTAIN MARRIAGES CELEBRATED IN CHINA

22A. (1) This section applies to a marriage celebrated in China after
4 May 1931 but before 1 May 1950 under and in accordance with the law
of China in force when the marriage was celebrated.

(2) The purported dissolution in Hong Kong, at any time before 7
October 197 1, of a marriage to which this section applies by the mutual
consent of the parties to the marriage signified by the signature of each
of the parties, in the presence of 2 other persons who have also signed
as attesting witnesses, to an agreement or memorandum in writing which
sets forth unequivocally the final and complete dissolution of the
marriage shall be valid for all purposes and shall be deemed to have
been so valid since the execution of the agreement or memorandum, if at
the date of the agreement or memorandum

(a) both parties were domiciled in Hong Kong; or

(b)either of the parties had a substantial connexion with Hong
Kong.





(3) A child of both parties to a marriage to which this section
applies shall. whether born before or after the date of the agreement or
memorandum referred to in subsection (2), be deemed to have been born
legitimate for all purposes.

(Added, 70 of 1971, s. 2)

PART VI

MISCELLANEOUS

23. Any person who wilfully removes, defaces, alters or destroys
any notice, certificate, index, or other document kept or filed by the
Secretary for Home Affairs or the Registrar pursuant to or for the
purposes of this Ordinance shall be guilty of an offence and shall be
liable to a fine of $1,000 and to imprisonment for 6 months.

24. The Governor may make regulations for the better carrying out
of the purposes and provisions of this Ordinance and in particular may
make regulations

(a) as to all matters of procedure under this Ordinance. and

(b) prescribing the forms to be used under this Ordinance.
Originally 68 of 1970. L.N. 187/70. 70 of 1971. 62 of 1979. Short title. Interpretation. (Cap. 181.) Power to appoint day. Marriages on and after appointed day to be monogamous. (Cap. 181.) Status of concubinage not to be acquired on and after appointed day. Kim tiu ( ) marriages not to be entered into. Customary marriage. Validation of modern marriage. (Cap. 181.) Registration of customary marriages and validated marriages. Power of Registrar. Effect of certificate of marriage registered under this Part. Correction of error in certificate or marriage. Searches may be made and certified copies granted. Dissolution of validated marriages. Dissolution of certain marriages on and after the appointed day. (Cap. 179.) Notice of intention to dissolve marriage. Parties may appear before designated public officers. Functions of designated public officer. Memorandum of dissolution of marriage. Registration of memorandum for dissolution of marriage. Register of dissolutions of marriage. Governor may designate public officers. Validation of dissolution of certain Chinese marriages. Penalty for removing, etc. records. Power to make regulations.

Originally 68 of 1970. L.N. 187/70. 70 of 1971. 62 of 1979. Short title. Interpretation. (Cap. 181.) Power to appoint day. Marriages on and after appointed day to be monogamous. (Cap. 181.) Status of concubinage not to be acquired on and after appointed day. Kim tiu ( ) marriages not to be entered into. Customary marriage. Validation of modern marriage. (Cap. 181.) Registration of customary marriages and validated marriages. Power of Registrar. Effect of certificate of marriage registered under this Part. Correction of error in certificate or marriage. Searches may be made and certified copies granted. Dissolution of validated marriages. Dissolution of certain marriages on and after the appointed day. (Cap. 179.) Notice of intention to dissolve marriage. Parties may appear before designated public officers. Functions of designated public officer. Memorandum of dissolution of marriage. Registration of memorandum for dissolution of marriage. Register of dissolutions of marriage. Governor may designate public officers. Validation of dissolution of certain Chinese marriages. Penalty for removing, etc. records. Power to make regulations.

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