MARRIAGE (WAR PERIOD) (VALIDITY) ORDINANCE

MARRIAGE (WAR PERIOD) (VALIDITY) ORDINANCE

LAWS OF HONG KONG

MARRIAGE (WAR PERIOD) (VALIDITY)

ORDINANCE

CHAPTER 258





CHAPTER 258.

MARRIAGE (WAR PERIOD) (VALID' ORDINANCE.

ARRANGEMENT OF SECTIONS.
Section.
Page.
1. Short title ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... 2
3. Application ... ... ... ... ... ... ... ... ... ... ... ... ... ... 2
4. Validation of marriages celebrated during the war period ... ... ... 2
5. Prevailing grounds of invalidity ... ... ... ... ... ... ... ... ... 2
6. Relief against penalties applicable to ministers ... ... ... ... ... ... 2
7. Certificate by officiating minister ... ... ... ... ... ... ... ... ... 3
8. Effect of certificate of marriage issued by the officiating minister ... ... 3
9. Duties of the Registrar ... ... ... ... ... ... ... ... ... ... ... 3
10. Regulations ... ... ... ... ... ... ... ... ... ... ... ... ... ... 3





CHAPTER 258.

MARRIAGE (WAR PERIOD) (VALIDITY).

For the removal of doubts as to the validity of certain marriages
celebrated in Hong Kong after the outbreak of hostilities with
Japan.

[18th June, 1948.]

1. This Ordinance may be cited as the Marriage (War Period)
(Validity) Ordinance, and shall be construed as one with the Marriage
Ordinance, hereinafter referred to as the principal Ordinance.

2. In this Ordinance, unless the context otherwise requires

'war period' means the period from the 8th day of December. 1941. to
the 15th day of October, 1945;

'Registrar' means the Registrar of Marriages under the principal
Ordinance and includes a deputy registrar.

3. Save as hereinafter appears this Ordinance shall apply to all
marriages duly celebrated in the Colony during the war period except
non-Christian customary marriages celebrated according to the personal
law and religion of the parties.

4. A marriage celebrated in the Colony during the war period shall
not be deemed invalid by reason of its having been celebrated in a place
which had not been duly licensed under section 4 of the principal
Ordinance, or without compliance with the requirements of such
Ordinance concerning notice of marriage, certificate of notice, licence or
competency of the officiating minister, and, subject as is herein
provided, all such marriages are hereby declared to be and always to
have been valid.

5. Nothing in this Ordinance shall validate any marriage which was
invalid on the ground of kindred or affinity, or because one of the
parties was under the age of sixteen years, or any marriage which would
have been invalid notwithstanding compliance with all the requirements
of the said Ordinance, or any marriage which before the commencement
of this Ordinance has been declared invalid by a court of competent
jurisdiction:

Provided further that where any marriage to which this Ordinance
applies would, but for this Ordinance, have been invalid and either party
has subsequently during the life of the other party. but before the
commencement of this Ordinance, lawfully married any other person,
this Ordinance shall not render the first marriage valid or affect the
validity of the subsequent marriage.

6. No minister who has complied with section 7 shall be liable to
any penalties under the principal Ordinance in respect of any matter
referred to in section 4 hereof and no proceedings





shall be taken without the consent of the Attorney General against a
minister who has not so complied in respect of a marriage to which this
Ordinance applies.

7. Every minister who has officiated at a marriage to which this
Ordinance applies and who has not already given the parties a
certificate in the prescribed form under the principal Ordinance shall, at
the request of either party. give such a certificate:

Provided that if such minister satisfies the Registrar that he is
unable to give such a certificate because he is unable to secure the
signatures of the two witnesses to the marriage and has no certificate
with their signatures in his possession, or bemuse he is unable to obtain
information necessary to enable him to complete the certificate, it shall
suffice if the officiating minister. with the consent of the Registrar, gives
a certificate which. in lieu of being signed by two witnesses of the
marriage, states the names of two such witnesses and gives such
information as he and the parties or either of them are able to supply.

(Amended, 20 of 1948, s. 4)

8. A certificate in the prescribed form under the principal Ordinance
whether given before or after the commencement of this Ordinance, or a
certificate in the alternative form authorized by section 7 if
countersigned by the Registrar, shall, if given in respect of a marriage to
which this Ordinance applies, 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 receive evidence.

(Amended, 20 of 1948, s. 4)

9. (1) The Registrar shall collect and preserve in a register in a
convenient form such information in relation to marriages to which this
Ordinance applies as has already been, or may subsequently be,
furnished to him, and shall for a fee of five dollars supply any person
requiring it with the information in his possession regarding a particular
marriage.

(2) The Registrar shall enter in a convenient place in such register
the fact of his consent in any particular case to the form of certificate
secondly referred to in section 7, and shall note on such certificate that
his consent was ~ed and sign the same.

10. The Governor in Council may make regulations prescribing

(a)rules, forms and fees for any application by an officiating
minister for the Registrar's consent under section 7 and for
information under section 9;

(b)for further cases in which an officiating minister should be
relieved from penalties notwithstanding that he has been
unable to give any certificate under section 7;

(c) generally for carrying this Ordinance into effect.
Originally 25 of 1948. (Cap. 258, 1950.) 20 of 1948. Short title. (Cap. 181.) Interpretation. Application. Validation of marriages celebrated during the war period. Prevailing grounds of invalidity. Relief against penalties applicable to ministers. Certificate by officiating minister. Effect of certificate of marriage issued by the officiating minister. Duties of the Registrar. Regulations.

Originally 25 of 1948. (Cap. 258, 1950.) 20 of 1948. Short title. (Cap. 181.) Interpretation. Application. Validation of marriages celebrated during the war period. Prevailing grounds of invalidity. Relief against penalties applicable to ministers. Certificate by officiating minister. Effect of certificate of marriage issued by the officiating minister. Duties of the Registrar. Regulations.

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