MARRIAGE ORDINANCE

MARRIAGE ORDINANCE

LAWS OF HONG KONG

MARRIAGE ORDINANCE

CHAPTER 181





CHAPTER 181

MARRIAGE ORDINANCE

ARRANGEMENT OF SECTIONS

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

1. Short title............................. ... ... ... ... ... ... 3

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... 3

3. Registrar of Marriages and deputy registrars ... ... ... ... ... ... ... ... 3

4. Licensing of places of worship ... ... ... ... ... ... ... ... ... ... ... 4

5. Notification of such licence ... ... ... .. ... ... ... ... ... ... ... ... 4

6. Giving of notice of intended marriaee ... ... ... ... ... ... ... ... ... 4

7. Filing and exhibition of notice and entry in marriage notice book ... ... ... ... 4

8. Supply of forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

9. Issue of certificate ... ... ... ... ... ... ... ... ... ... ... ... ... ... 4

10. Notice void unless marriage within 3 months ... ... ... ... . ... ... ... 5

11. Grant of special licence ... ... ... ... ... ... ... ... ... ... ... ... 5

12. Affidavit before issue of certificate or grant of licence ... ... ... ...

13. No licence or certificate if either party under 16 ... ... ... ... 5

14. Production of written Consent ... ... ... ... ... ... ... ... ... ... ... 5

15. Consent by Registrar for parent or guardian ... ... ... ... ... ... ... ... 6

16. Right to forbid issue of certificate ... ... ... ... ... ... ... ... ... ... 6

17. Registrar may inquire into right to forbid ... ... ... ... ... ... ... ... ... 6

118. Appeal against decision of Registrar ... ... ... ... ... ... ... ... ... ... 6

19. Celebration of marriage in licensed place of worship ... ... ... ... ... ... 6

20. Certificates of marriage ... ... . ... ... ... ... ... ... ... ... ... 7

21. Marriage before Registrar ... ... ... ... ... ... ... ... ... ... ... ... 7

22. Marriage by special licence at other place ... ... ... ... ... ... ... ... ... 8

23. Registration of certificates of marriage ... ... ... ... ... ... ... ... ... 9

24. Effect of certificate of marriage or certified copy thereof ... ... ... ... ... ... 9

25. Correction of error in certificate of marriage ... ... ... ... ... ... ... ... 9

26. Searches may be made, and certified copies granted ... ... ... ... ... ... ... 9

27. Invalid marriages ... ... ... ... ... ... ... ... ... ... ... ... ... ... 9

28. Validity of marriages ... ... ... ... ... ... ... ... ... ... ... ... ... 10

29. Marrying, etc., minor without consent of proper person ... ... ... ... ... ... 10







30. Offences by minister ... ... ... ... ... ... ... ... . ... ... ... ... 10





Section Page

31. Penalty for failing to transmit certificate ... ... ... ... ... ... ... ... ... 10
32. Penalty for removing, etc. records 1 .. ... ... ... ... 1 . ... ... ... . 1 10
33. Penalty on unauthorized person celebrating marriage ... ... ... ... ... ... 10
34. Fines ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
35. Use of forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... 10
36. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11
37. Reduction or remission of fees ... ... ... ... ... ... ... ... ... ... 11
38. Marriage under Ordinance of persons customarily married ... ... ... ... 11
39. Cases in which marriage in articulo mortis may be celebrated, etc . ... ... ...
... 11
40. Marriages under this Ordinance are Christian or equivalent thereto ... ...
... 12
41. Recognition of certificates issued in the United Kingdom: etc. ... ... ... ... 12
42. Regulations and amendment of First Schedule ... ... ... ... ... ... ... ... 13

First Schedule. Forms ... ... ... ... ... ... ... ... ... ... ... ... ... ... 13

Second Schedule. Fees ... ... ... ... ... ... ... ... ... ... ... ... ... ... 18





CHAPTER 181

MARRIAGE

To provide for the celebration qf Christian marriages or the civil
equivalent thereof, and for matters connected therewith.

(Replaced, 1 of 1960, s. 2)

[1 March 1876.]

1. This Ordinance may be cited as the Marriage Ordinance.

(Amended, 5 of 1924, s. 6)

2. In this Ordinance, unless the context otherwise requires

'Registrar' means the Registrar of Marriages appointed under section 3
and any deputy registrar of marriages so appointed.

(Added, 20 of 1948, s. 4)

3. (1) It shall be lawful for the Governor from time to time to appoint
such person as he may please to be Registrar of Marriages, and to
appoint deputy registrars of marriages.

(2) It shall not be necessary in any such appointment to name any
particular individual and the appointment may be of the holder of an
office in the name of the office, in which case the person for the time
being performing the duties of such office shall be deemed to have been
appointed to be Registrar or a deputy registrar, as the case may be, and
all the powers and duties expressed by this or any other Ordinance to
be conferred or imposed on the Registrar or on a deputy registrar, as the
case may be, shall from time to time be





deemed to have been conferred or imposed on the person for the time
being performing the duties of such office.

(Replaced, 14 of 1926 s. 2. Amended, 20 of 1948, s. 4)

4. The Governor may license any place of public worship to be a
place for the celebration of marriages, and may at any time cancel any
such licence.

5. Whenever the Governor grants or cancels any such licence. the
Registrar shall give public notice thereof in the Gazette.

(Amended, 14 of 1926 s. 5, and 20 of 1948 s. 4)

6. (1) Whenever any persons desire to marry, one of the parties to
the intended marriage shall give notice thereof to the Registrar in the
prescribed form. (Amended, 14 of 1926, s. 5; 20 qf 1948, s. 4, and 1 of
1960, s. 3)

(2) Every such notice shall be signed by the party giving the
notice.

7. (1) The Registrar shall file every such notice in his office.

(Amended, 14 of 1926 s. 5, and 20 of 1948. s. 4)

(2) He shall exhibit one copy of such notice at the office of the
Registrar and may, if he thinks fit. exhibit copies in other conspicuous
places open to the public, and shall keep every such copy so exhibited
until he issues a certificate as hereinafter mentioned or until the 3
months referred to in section 10 expire. (A mended 50 qf 1911,. 51 of
1911; 62 of' 1911, Schedule; 63 of' 1911, schedule 14 of] 926, s. 5, and
20 948, s. 4

(3) He shall also enter a copy of the said notice. with the date of
such entry. in a book to be called the marriage notice book.

(4) He shall allow any person to inspect such book during office
hours without fee.

8. The Registrar shall supply forms of notice gratuitously to
persons applying for the same.

(Amended, 14 of 1926 s. 5, and 20 of 1948, s. 4)

9. (1) At any time not more than 3 months or less than 15 days after
the giving of such notice. the Registrar shall. on the request of either of
the parties. issue a certificate in the prescribed form: (Amended 14 of
1926 s. 5; 20 of 1948 s. 4, and 1 of 1960 s.4)

Provided that. where he is satisfied that there are special
circumstances justifying his doing so. the Registrar may issue such
certificate at any time within the period of 15 days after the giving of
such notice. (Added, 1 of 1960, s. 4)

(2) Where the Registrar is satisfied that the parties intend to

c

contract the marriage before him. he may. in lieu of issuing a certificate
under subsection (1). endorse on such notice a statement





to the effect that the issue of the certificate has not been forbidden by
any person authorized by law to do so, and such endorsement shall, in
relation to the celebration of the marriage by the Registrar, take effect as
if a certificate had been issued. (Added, 3 of 1975 s. 2)

10. If the marriage does not take place within 3 months after the
giving of the above-mentioned notice. the notice given and all
proceedings thereupon shall be utterly void, and fresh notice will be
required before any marriage can be had between the parties.

11. (1) The Governor may, when he sees fit, grant a special licence
in the prescribed form dispensing with notice as aforesaid, or with the
certificate of the Registrar or with both, and authorizing the celebration
of a marriage between the parties named at a place and at a time
specified in the licence. (A mended, 14 of 1926, s. 5, and 20 qf 1948.
s. 4)

(2) The Governor may grant such licence without payment of any
fee, or on payment of such reduced fee as, in the special circumstances
of the case, he may think sufficient. (Amended, 50 of 1911, and 62 of
1911, Schedule)

(Amended 1 of 1960 s. 6)

12. Before the Registrar issues any certificate and before the
Governor grants any licence, one of the parties to the intended marriage
shall appear personally before the Registrar and make affidavit (which
the Registrar is hereby authorized to take) that he or she believes that
there is not any impediment of kindred or alliance or any other lawful
hindrance to the marriage, and either that the consent of the parties
required by law to consent to the marriage has been obtained or that no
such consent is required.

(Amended, 14 of 1926, s. 5, and 20 of 1948, s. 4)

13. No licence of the Governor and no certificate of the Registrar
shall be issued under this Ordinance if either party to the intended
marriage is under the age of 16 years.

(Added, 13 of 1934, s. 2. Amended, 20 of 1948, s.
4)

14. If either party to the intended marriage, not being a widower or a
widow, is of or over 16 and under 21 years of age, the written consent of
the father, or, if he is dead or non compos mentis, of the mother, or, if
both are dead or non compos mentis, of the lawful guardian of such
party, must be produced to the Registrar before he issues a certificate or
to the Governor before he grants a licence: (Amended, 14 of 1926, s. 5;
13 of 1934, s. 3, and 20 of 1948, s.4)

Provided that, where the Director of Social Welfare is the guardian
or lawful guardian of such party under the provisions of the Protection
of Women and Juveniles Ordinance, and his written consent is
produced to the Registrar, the Registrar may issue a certificate or the
Governor may grant a special licence. as the case





may be, notwithstanding that the written consent of the father or mother
of such party has not been produced to him and notwithstanding that
such father or mother has forbidden the marriage under the provisions
of section 16. (Added, 1 of'] 960, s. 7)

15. If there is no parent or lawful guardian of such party residing in
the Colony and capable of consenting or if such party satisfies the
Registrar that after diligent inquiry such party is unable to trace any
such parent or guardian. the Registrar may give his consent in writing to
the marriage, if on inquiry the marriage appears to him to be proper, and
such consent shall be as effectual as if the parent or guardian had
consented.

(Amended, 14 of 7926, s. 5; 20 of 1948, s. 4, and 1 of 1960,
s.8)

16. (1) Any person whose consent is required as aforesaid may
forbid the issue of the certificate of the Registrar by writing the word
'Forbidden' opposite the entry in the marriage notice book, and by
signing his name and the character in which he forbids the issue.
(Aniended, 14 of 1926 s. 5, and 20 qf 1948, s. 4)

(2) If the issue of any certificate I's so forbidden, the notice and all
proceedings thereupon shall be void.

17. (1 If either of the parties to the intended marriage alleges that
the person forbidding the issue of the certificate is not authorized by
law to do so, the Registrar shall inquire into the matter. and if he is
satisfied that the person is not so authorized, he may proceed to issue
the certificate in due course, without reckoning the time that has
elapsed since the issue was forbidden.

(2) For the purposes of such inquiry or of any inquiry under
section 15 the Registrar may administer an oath to any person.

(A mended, 14 of 1926, s. 5, and 20 of] 948, s. 4)

18. (1) If the Registrar considers that the person forbidding the
issue of the certificate is authorized to do so, either of the parties to the
intended marriage may appeal by petition to the High Court, and the
Court or judge may hear and determine the matter of the petition in a
summary way. (Amended, 50 of* 1911; 62 qf' 1911, Schedule; 14 of 1926, s.
5, 20 of 1948 s. 4, and 92 of 1975 s. 59)

(2) Such determination shall be final: and the Registrar shall
proceed in accordance therewith. without reckoning the time that has
elapsed since the issue was forbidden. (Aniended, 14 of 1926, s. 5, and 20
of' 1948, s. 4)

1 A

19. (1) Marriages may be celebrated in any licensed place of
worship by any competent minister of the church, denomination, or
body to which such place of worship belongs. and according to the rites
or usages of marriage observed in such church. denomination, or body,
provided that the marriage is celebrated with open doors.





and (except in case of a special licence) between 7 a.m. and 7 p.m., and in
the presence of 2 or more witnesses, besides the officiating minister.
(Amended, 50 of 1911.s. 4; 51 of 1911, s. 4, and] of 1960, s. 9)

(2) No minister shall celebrate any marriage until the parties deliver
to him the certificate of the Registrar or the Governor's special licence.
(Amended, 14 of 1926, s. 5, and 20 of 1948, s. 4)

20. (1) The Registrar shall cause to be prepared and delivered to the
several licensed places of worship books of marriage certificates in
duplicate and with butts in the prescribed form. (Aniended, 14 of 1926, s. 5,
and 20 of 1948, s. 4)

(2) The certificate shall be signed in duplicate by the officiating
minister, by the parties, and by 2 or more witnesses to the marriage.

(3) The minister shall deliver one certificate to the parties
immediately after the marriage, and shall within 7 days thereafter transmit
the other to the Registrar who shall file the same in his office. (Aniended,
51 of 1911; 63 of'1971, Schedule: 14 ol' 1926, s. 5; 20 qf 1948, s. 4, and 1 of
1960, s. 10)

(4) The officiating minister shall enter in the butt the names of the
parties and the date of the marriage.

21. (1) After the issue of a certificate by the Registrar, or the grant
of a special licence by the Governor, the parties may. if they think fit,
contract a marriage before the Registrar:

Provided that, before they are permitted to do so, each of the
parties shall sign a written declaration in the presence of the Registrar,
which he shall witness, in the prescribed form. (Replaced, 34 of 1932, s. 2.
Amended, 20 of 1948, s. 4)

(2) Such declaration shall, if necessary, be interpreted to both or
either of the parties in their or his or her own language in the presence
of the Registrar, and the person interpreting such declaration shall
subscribe his name to it as interpreter. (Amended, 14 of 1926, s. 5, and 20
of 1948, s. 4)

(3) The marriage shall take place in the office of the Registrar, with
open doors, between 9 a.m. and 7 p.m.:

Provided

(a)in the case of a marriage by special licence, the Registrar may
celebrate the marriage in his office or elsewhere as, and at any
time, specified in the licence; and

(b)the Registrar may, where, having regard to the number of
persons desiring to be married at a particular place on a
particular date, he thinks fit and he has given not less than 7
days' notice of his intention to marry such persons at that
place on that date by exhibiting a notice to that effect in his





office, celebrate the marriages of such persons at that place
on that date between 9 a.m. and 9 p.m. (Added, 1 qf 1960, s.
11)

(4)(a) The marriage shall take place in the presence of 2 or more
witnesses, and in the following manner

(i) the Registrar shall first address the parties to the
following effect

'Before you are joined in matrimony it is my duty
to remind you of the solemn and binding character of a
marriage in this Registry (or place), which is in law the
voluntary union for lift of one man and one woman to the
exclusion of all others. know ye, therefore, A.B., and C.D.,
that, b v the public taking qf each other as man and wife in
m v presence and in the presence of the persons now here,
and
by the subsequent attestation thereof by signing your names
to that effect, you become legally married to each other,
although no other rite of a civil or religious nature shall
take
place.'; and

(ii) each of the parties shall then say to the other

'I call upon all persons here present to witness that L

A.B., do take thee, C.D., to be my v lawful Wedded wife (or
husband (Replaced, 1 of 1960, S. 11)

(b)Where the Registrar is satisfied that he and the parties and
witnesses all understand the Chinese language or the same
dialect thereof, the marriage may be celebrated wholly in that
language or that dialect. (Replaced, 1 of 1960, s. 11)

(5) The Registrar and the parties and witnesses shall thereupon
sign duplicate certificates in the form and manner hereinbefore
prescribed. (Amended, 14 of] 926, s. 5, and 20 qf 1948, s. 4)

(6) The Registrar shall deliver one certificate to the parties and shall
file the other in his office. (Amended, 14 of 1926, s. 5, and 20 of 1948, s.
4)

22. Whenever the Governor's special licence authorizes the
celebration of a marriage at a place other than a licensed place of
worship or the office of the Registrar and such marriage is not to be
celebrated by the Registrar. the Registrar, on taking the affidavit of one
of the parties to the marriage, shall deliver to him or her a blank
certificate of marriage in duplicate, and the minister celebrating the
marriage, the parties, and 2 or more witnesses shall sign the same, in
manner hereinbefore prescribed, and the minister shall deliver one
certificate to the parties, immediately after the marriage, and shall
transmit the other to the Registrar within 7 days thereafter. and the
Registrar shall file the same in his office.

(Amended, 14 qf 1926, s. 5; 27 of 1937, Schedule; 20 of 1948,
s. 4, and 1 of 1960, s. 12)





23. The Registrar shall register all certificates of marriage filed in his
office in such order and manner as he thinks best suited for easy
reference thereto.

(Amended, 14 of 1926 s. 5, an(] 20 of 1948 s. 4)

24. Any certificate of marriage filed in the office of the Registrar, or
a copy thereof, provided it purports to be signed and certified as a true
copy by the Registrar and to be sealed or stamped with his official seal,
shall be admissible as evidence of the marriage to which the same relates
in any court or before any person having by law or by consent of
parties authority to hear, receive. and examine evidence.

(Amended, 50 qf 1911; 62 qf 1911, Schedule: 14 of 1926 s. 5,
and 20 of 1948, s. 4)

25. The Registrar may correct any clerical error in any certificate of
marriage 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.

(Amended, 14 of 1926, s. 5; 20 of 1948, s. 4, and 1 of 1960,
s. 13)

26. The Registrar may allow searches to be made amongst all
certificates, licences. registers, and indexes in his possession and give a
certified copy of any entry therein, and issue a certificate to the effect
that there is no record of a marriage between certain persons named
having taken place.

(15 of 1902, s. 4, incorporated. Amended, 50 of 1911, s. 4:
8 of 1912, s. 22,.14 of 1926, s. 5;20 of 1948, s. 4, and 1 of 1960,
s. 14)

27. (1) No marriage shall be valid which would be null and void on
the ground of kindred or affinity in England or Wales.

(2) A marriage shall be null and void if both parties knowingly and
wilfully acquiesce in its celebration in any place other than the office of
the Registrar or a licensed place of worship (except when authorized by
a special licence, or when celebrated under the provisions of paragraph
(b) of the proviso to section 21(3), or when celebrated under the
provisions of section 39), or under a false name or without a certificate
of notice or licence duly issued, or by a person not being a competent
minister or the Registrar or his deputy, or if either party to the marriage
is at the time of its celebration under the age of 16 years. (Replaced, 13
of 1934, s. 4; 20 of 1948, s. 4, and 1 of 1960, s. 15)

(3) But no marriage shall, after celebration, be deemed invalid by
reason that any provision of this Ordinance, other than the foregoing,
has not been complied with.





28. All marriages celebrated under this Ordinance shall be good
and valid in law to all intents and purposes.

29. Any person who, knowing that the written consent of the
proper person as herein prescribed has not been obtained, marries, or
assists or procures any other person to marry, a person under the age
of 21 years, not being a widow or widower. shall be guilty of a
misdemeanor triable summarily. and shall be liable to imprisonment for 2
years.

(Amended, 30 of 1911, ss. 2 and 5; 50 of 1911; 51 of 1911; 62
of 1911, Schedule; 63 of 1911, Schedule, and 22 of 1950, s. 3)

30. Any minister who-

(a) wilfully celebrates a marriage in the case of a minor,
without such written consent as herein prescribed: or

(b)wilfully celebrates a marriage contrary to any other provision of
this Ordinance. or knowing that any provision of this
Ordinance has not been complied with,

shall be guilty of a misdemeanor triable summarily, and shall be liable to
a fine of $2,000 or to imprisonment for 2 years.

(A mended, 30 of] 911, s. 5; 50 of] 911; 62 ol'] 911, Schedule;
24 of] 936, s. 2, and 22 of] 950, s. 3 and Schedule)

31. Any minister who. after celebrating a marriage. fails to transmit
the certificate thereof to the Registrar within 7 days thereafter shall be
liable to a fine of $250

(A mended 14 of1926, s. 5: 20 of 1948 s. 4, and 22 of* 19-50,
Schedule)

32. Any person who wilfully removes or alters any notice.
certificate, licence or other document kept or filed by the Registrar
pursuant to. or for the purposes of. the provisions of this Ordinance
shall be liable to a fine of $1,000 and to imprisonment for 6 months.
(Replaced, 1 of 1960 s. 16. Amended 48 of 1972, s. 4)

33. Any person who knowingly and wilfully celebrates or pretends
to celebrate a marriage, not being legally competent to do so, shall be
guilty of a misdemeanor triable's summarily and shall be liable to
imprisonment for 2 years.

(Aniended, 30 of' 1911, ss. 2 and 5: 50 of1911; 62 qf 1911,
Schedule, and 22 of 1950, s. 3)

34. All fines for offences against this Ordinance may be recovered
in a summary way before a magistrate.

(Aniended, 30 of 1911 and 50 of 1911

35. The forms in the First Schedule may be used in the cases to
which they are applicable with such alterations as circumstances may
render necessary.

(.4 mended, 50 of' 1911, s. 4)





36. The fees specified in the Second Schedule shall be paid to the
Registrar for the several matters to which they are applicable:

Provided that it shall be lawful for the Governor in Council to make
such alterations therein, including alterations increasing or decreasing
fees, as shall be deemed advisable.

(Amended, 50 of 1911, s. 4; 62 of 1911 Schedule,- 8 of 1912 s.
22; 14 of 1926, s. 5; 15 of 1947. s. 2: 20 of 1948 s. 4, and 1 of
1960, s. 17)

37. The Registrar may, in any case where he is satisfied of the
poverty of the parties, reduce the amount of the said fees or remit them
altogether.

(Amended, 14 ol'] 926, and 20 of] 948, s. 4)

38. The parties to any non-Christian customary marriage duly
celebrated according to the personal law and religion of the parties
before the appointed day under the Marriage Reform Ordinance may,
unless the husband has any other wife, contract with each other a
marriage under this Ordinance; and such a marriage shall not invalidate
the previous customary marriage.

(Replaced, 68 of 1970 s. 26 )

39. (1) Where 2 persons who have lived together in unlawful
concubinage desire to marry and one of them is in \articulo mortis. the
Registrar or any competent minister may celebrate the marriage at any
place and at any time notwithstanding that the Registrar has not issued
a certificate under the provisions of section 9 and that the Governor has
not granted a special licence under the provisions of section 11:

Provided that no such marriage shall be valid unless the following
conditions are observed

(a)no such marriage shall be celebrated unless both the parties
are able to signify their consent thereto and do so in the
presence of 2 witnesses;

(b)no such marriage shall be celebrated where either of the parties
is under 21 years of age, not being a widower or widow, unless
either the written consent of the person whose consent is
required under the provisions of section 14 or 15 is produced
to the Registrar or minister, or such person is present and
gives his or her consent verbally;

(e)no such marriage shall be valid which would be null and void,
on the ground of kindred or affinity, in England or Wales;

(d)a certificate in the prescribed form shall be signed by the
Registrar or minister, and by the witnesses to the marriage,
and, where practicable, by the persons so married. and, if
either of the parties is unable to sign, the Registrar or minister
shall certify accordingly;





(e)where the marriage is celebrated by a minister, the minister
shall, within 7 days from the celebration thereof, forward such
certificate to the Registrar, to be filed in his office.

(Replaced, 1 of 1960, s. 18)

(2) No marriage in articulo mortis shall revoke any will or codicil
previously made by either of the parties to such marriage., but such will
or codicil shall have the same validity as if such marriage had not taken
place. (3 of 1893. s. 3, incorporated)

(3) Any person who-

(a)knowingly celebrates any marriage in purported pursuance of
this section contrary to or not in accordance with any
provision thereof. or

(b)not being legally competent, celebrates any marriage under
this section,

shall be guilty of a misdemeanor triable summarily. and shall be liable to a
fine of $2,000 or to imprisonment for 2 years. (3 of 1893. s. 4(1) 1),
incorporated. Aniended, 30 of 1911 s. 2: 50 of 1911 51 of 1911: 1 of
1912 Schedule: 2 of 1912 Schedule; 27 of 1937, Schedule,. 2 of 1948,
s. 4; 22 of 1950 s. 3 and Schedule, and 1 of 1960 s. 181

20

(4) Any minister who. after celebrating a marriage under this
section. fails to transmit the certificate thereof in accordance with the
provisions of paragraph (e) of the proviso to subsection (1) shall be
liable to a fine of $250 (3 qf 1893, s. 4(2), incorporated amended 50 of
1911 21 of 1912 s. 2; 5 of 1924 Schedule.. 20 of 1948 4; 22 of] 950,
Schedule anti 1 of* 1960, s. 18)

40. (1) Every marriage under this Ordinance shall be a Christian
marriage or th e civil equivalent of a Christian marriage.



(2) The expression -Christian marriage or the civil equivalent of a
Christian marriage- implies a formal ceremony recognized by the law as
involving the voluntary union for life of one man and one woman to the
exclusion of all others

(Replaced, 34 of 1932, s. 3)

41. (1) Where a marriage is intended to be solemnized or contracted
in the Colony between a Commonwealth Citizen resident in the Colony
and a Commonwealth Citizen resident in the United Kingdom, a
certificate for marriage issued by a superintendent registrar in England
and a certificate for marriage issued by a registrar, and a certificate of
proclamation of banns. in Scotland. and a certificate for marriage issued
by a registrar in Northern Ireland, shall in the Colony have the same
effect as a certificate of receipt of notice of marriage issued by the
Registrar in the Colony. (Aniended, 5 qf 1924, s. 14: 33 qf 1939, Supp.
Schedule, G.N. 8401:40, and 20 of 1948, s. 4)





(2) Where a marriage is intended to be solemnized or contracted in
the United Kingdom between a Commonwealth Citizen resident in the
United Kingdom and a Commonwealth Citizen resident in the Colony, a
certificate of receipt of notice of marriage may be issued in the Colony in
the like manner as if the marriage were to be solemnized or contracted in
circumstances requiring a certificate of receipt of notice of marriage and
as if both such parties to the marriage were resident in the Colony.
(Amended, 5 ol 1924, s. 14)

(5 of 1916 ss. 2 and 3, incorporated. Amended. 80 ol' 1982,
s.2)

42. The Governor may by order published in the Gazette provide for-
-

(a) the amendment of the First Schedule; and

(b) the due carrying out of the Ordinance.

Added, 13 ol 1976. s. 2)

FIRST SCHEDULE 35.]
FORM 1 6.]

Notice of

7 o the Registrar ol Mariages Hong Kong.

1 hereby give you notice that a marriage is intended to he had. within 3
months from the date hereof. between me and the other parts. herein named.


Witness my hand this day, of 19

(Signed) Pary giving the notice.

(Amended 14 of 1926, s. 5, and 1 ol 1960, s.
19)





FORM 2 [s. 9.1

Certificate of Registrar of Marriages

Registrar of Marriages of Hong Kong, do
hereby certify that on the day of 1 19 notice

was duly entered in the Marriage Notice Book of the said Colony of the marriage
intended to be had between the parties herein named and described.


Date of notice entered 9 been forbidden by any person
Date of certificate given 19 authorized to forbid the issue
thereof.
Witness my hand this day of 19

(Signed) Reistrar of Marriages.
This certificate will be void unless the marriage is solemnized on or before

the day of This certificate was issued under the provisions of the proviso to section 9.
Amended 14 of 1926 s. 5. and 1 of 1960, s. 19)

FORM 3

Special Licence

HONG KONG.

The Marriage

Whereas A.B. and C.D. desire to marry', and sufficient cause has been shown to
me why such marriage should be allowed without the formalities prescribed by the
Marriage Ordinance, Chapter 18 1: Now. therefore. in pursuance of the said Ordin-
ance 1 do dispense with the giving ing of notice and the issue of the certificate
thereby
prescribed [or as the case may v be] and do hereby authorize any competent person
to celebrate marriage between the said A.B. and C.D. at [place of celebration]

on the day of 19 between the hours
of o'clock in the forenoon and o'clock in the afternoon.

Dated the day of 19

(Signed)

A mended, 13 of 1976. s. 3





FORM 4 [s. 20,1
Certificate ol Marriage

Hong Kong Marriage Ordinance, section 20. Hong Kong Marriage Ordinance. section 20.

19 Marriage solemnized in the at in Hong Kong. 19 Marriage solemnized in the at in Hong Kong.


1Amended. 20 ol 1(48, s. 4. and 1 of 1960. s. 191





FORm 5 [s. 2 L]

Declaration

I. A.B., of do hereby declare that 1 fully understand

that by publicly taking C.D. as my wife [or husband, as the case be] in the
presence of the Registrar of Marriages. 1 shall become legally married and bound to
the said C.D., although no other rite of a civil or religious nature shall take place,
and
1 also understand that the effect of my publicly taking the said C.D., as my wife [or
husband, as the case mai. be] as aforesaid is to create between us a marriage which
cannot be dissolved during our joint lives except by a valid judgment of divorce, and
that if either of us, during the lifetime of the other. shall contract another marriage
while this one remains undissolved, he or she will be guilty of bigamy and will be
liable to the punishment for that offence.

Dated, this day of 19

(Signed) A.B~

Witness. (Signed) W.X., Registrar of
Marriages.

Interpreted to the said A.B. in thelanguage. in the
presence of

W.X.. of

(Signed) Y2- Interpreter.

(Added. 14 of' 1896, Schedule. Amended, 14 of' 1926, s. 5, and 1 qf 1960,
S. 19)





FORM 6 [s. 39.]
FORM OF CERTIFICATE
(Marriage in Articulo Mortis)

Marriage Ordinance, section 39. Marriage Ordinance, section 39.

19 Marriage solemnized at in Hong Kong. 19 Marriage solemnized at in Hong Kong.


Married at ......according to the rites and.......Married at according to the rites and
ceremonies of the by/before me.......ceremonies of the by before me.

.............................. ........................

This marriage was in the presence This marriage was in the presence

solemnized between .......of us. solemnized betm of us.
........ .......us
........ ................... ...................
us ...
[or between me and ....... [or between me and

..............................................................

........................ 1---1
............................

NOTE-If either of the parties married is unable to sign, the Registrar or minister is to to the same tint] to give the reason jor
such omission as jolloll-s-
And 1 the said do hereby certify that the said was unable to sign this certificate owing to

the state of his health [or as the case may be].
(Signed)
Regisirar or Minister celebrating marriage.
(Amended, 20 of 1948, s. 4, and 1 (?1'1960. s. 19)





SECOND SCHEDULE [s. 36.1

Table of Fees

1................................Filing and exhibition of notice of marriage -~20~ Z 20
2................................Certificate of notice when issued under the proviso to
section 9 ......................-W 500
500

3.................................Search under section 26-
(a) made during any number of successive hours not
exceeding 6, without the object of the search being
specified ......................-60 60
(b) for a specified entry whether the search is made by the
applicant or by the Registrar on his behalf
4.................................Certified copy of any entry given under section 26
and in addition where the application is by post from
outside Hong Kong ..............10

together with. where
the applicant
requests the copy to
be sent by airmail. a
sum equivalent to
the airmail postage
at the normal rate.

Note..A search fee is also payable unless the copy is
being given at the same time as the original is
issued or made. Where 2 or more copies of the
same entry are applied for at the same time only
one search fee is payable.

5.Certificate under section 26 of absence of any record
........ and in addition where the application is by post
from

outside Hong Kong .............10

together with. where the applicant requests the copy to be sent by airmail, a
sum equivalent to the airmail postage at the normal rate. Note: A search fee
is also payable.

6...............................Special licence under section 11 1~

Marriage at the office @P the Registrar
.........

7.Marriage at the office of the Registrar...................... 60

8.................................Celebration by the Registrar, elsewhere than in his office,
of marriage by special licence or of person in articulo
mortis
9.................................Celebration by the Registrar of Marriages under para-
graph (b) of the proviso to section 21(3), per marriage 200
and in addition (to be paid proportionately by the parties
being married) .................300

or 40

per marriage,

whichever is the
greater.







(Replaced, L.N. 20; 63. Amended, L.N. 34 74. L.N.
174,75 and L.N. 187,184)
Originally 14 of 1875. 3 of 1893. 5 of 1916. (Cap. 181, 1950.) 14 of 1896. 15 of 1902. 20 of 1910. 13 of 1911. 30 of 1911. 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 1 of 1912. 2 of 1912. 8 of 1912. 21 of 1912. 22 of 1912. 21 of 1913. 21 of 1922. 5 of 1924. 14 of 1926. 34 of 1932. 13 of 1934. 24 of 1936. 27 of 1937. 33 of 1939. 15 of 1947. 20 of 1948. 22 of 1950. G.N.A. 80/55. 1 of 1960. L.N. 20/63. 68 of 1970. 48 of 1972. L.N. 34/74. 3 of 1975. L.N. 174/75. 92 of 1975. 13 of 1976. 80 of 1982. L.N. 187/74. Proc. No. 3/1876. Short title. Interpretation. Registrar of marriages and Deputy registrars. Licensing of places of workshop. Notification of such licence. Giving of notice of intended marriage. First schedule. Form 1. Filing and exhibition of notice and entry in marriage notice book. Supply of forms. Issue of certificate. First schedule. Form 2. Notice void unless marriage within 3 months. Grant of special licence. First schedule. Form 3. Affidavit before issue of certificate or grant of licence. No. licence or certificate if either party under 16. Production of written consent. (Cap. 213.) Consent by Registrar for parent or guardian. Right to forbid issue of certificate. Registrar may inquire into right to forbid. Appeal against decision of Registrar. Celebration of marriage in licensed place of worship. Certificates of marriage. First Schedule. Form 4. Marriage before Registrar. First schedule. Form 5. Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made. And certified copies granted. Invalid marriages. Validity of marriages, Marrying, etc., minor without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removing, etc. records. Penalty on unauthorized person celebrating marriage. Fines. Use of forms. First Schedule. Fees. Second Schedule. Reduction or remission of fees. Marriage under Ordinance of persons customarily married. (Cap. 178.) Cases in which marriage in articulo mortis may be celebrated. And conditions of its celebration: first Schedule. Form 6. Marriages under this Ordinance are Christian or equivalent thereto. Recognition of certificate issued in the United Kingdom; giving of notice in the Colony in respect of marriage to be solemnized in the United Kingdom. Regulations and amendment of First Schedule.

Originally 14 of 1875. 3 of 1893. 5 of 1916. (Cap. 181, 1950.) 14 of 1896. 15 of 1902. 20 of 1910. 13 of 1911. 30 of 1911. 50 of 1911. 51 of 1911. 62 of 1911. 63 of 1911. 1 of 1912. 2 of 1912. 8 of 1912. 21 of 1912. 22 of 1912. 21 of 1913. 21 of 1922. 5 of 1924. 14 of 1926. 34 of 1932. 13 of 1934. 24 of 1936. 27 of 1937. 33 of 1939. 15 of 1947. 20 of 1948. 22 of 1950. G.N.A. 80/55. 1 of 1960. L.N. 20/63. 68 of 1970. 48 of 1972. L.N. 34/74. 3 of 1975. L.N. 174/75. 92 of 1975. 13 of 1976. 80 of 1982. L.N. 187/74. Proc. No. 3/1876. Short title. Interpretation. Registrar of marriages and Deputy registrars. Licensing of places of workshop. Notification of such licence. Giving of notice of intended marriage. First schedule. Form 1. Filing and exhibition of notice and entry in marriage notice book. Supply of forms. Issue of certificate. First schedule. Form 2. Notice void unless marriage within 3 months. Grant of special licence. First schedule. Form 3. Affidavit before issue of certificate or grant of licence. No. licence or certificate if either party under 16. Production of written consent. (Cap. 213.) Consent by Registrar for parent or guardian. Right to forbid issue of certificate. Registrar may inquire into right to forbid. Appeal against decision of Registrar. Celebration of marriage in licensed place of worship. Certificates of marriage. First Schedule. Form 4. Marriage before Registrar. First schedule. Form 5. Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made. And certified copies granted. Invalid marriages. Validity of marriages, Marrying, etc., minor without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removing, etc. records. Penalty on unauthorized person celebrating marriage. Fines. Use of forms. First Schedule. Fees. Second Schedule. Reduction or remission of fees. Marriage under Ordinance of persons customarily married. (Cap. 178.) Cases in which marriage in articulo mortis may be celebrated. And conditions of its celebration: first Schedule. Form 6. Marriages under this Ordinance are Christian or equivalent thereto. Recognition of certificate issued in the United Kingdom; giving of notice in the Colony in respect of marriage to be solemnized in the United Kingdom. Regulations and amendment of First Schedule.

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