MARRIAGE ORDINANCE,1875
Title
MARRIAGE ORDINANCE,1875
Description
Marriage.
No. 4 of 18715.
An Ordinance to provide a general Register of Marriages celebrated in
Hongkong.
[8th April, 1875.]
WHEREAS it is expedient that marriages celebrated in the Colony of Hongkong
should be systematically recorded in one general register: Be it enacted
by the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows:--
1. This Ordinance may be cited for all purposes as The Marriage
Ordinance, 1875.
2. Every minister of religion or other person who has in his custody any
register
or other official record of marriages heretofore celebrated in this
.Colony shall, within
three-months after this Ordinance takes effect, deliver to the Registrar
General the
said register or official record, or a copy thereof.
~,3. Every person delivering a copy shall append thereto 'a certificate
in the
following form,:-
A
I, A.B., &c.,
do certify that the above written
pages are a true copy of the register ~(or official record) of marriages
hereto-
fore celebrated in St. John's Cathedral Church (or as the case may be) and
that tkle origiual;is in my custody.
Dated the . day^of
187
(Signed,) . A. B. ,
Short title.
Existing regis-
ters or copies
thereof to be
delivered to the-
Registrnr
General.
Copies to be
certified.
4. The Governor may defray, from the public revenue of the Colony, all
proper Expense' maybe
defrayed from
expenses connected with the A~eliveri' ofrthe said registers or official.
records, or of making public. revenue.
and delivering copies thereof.
Notices to be filed
.tend copies made
by the Registrar
General.
Registrar of
marriages and
~deppU..
The Governor
may licence
places of
worship.
LfceneeB to be
gazetted.
ORDINANCE No. 4 0r 1875.
Marriage.
15. The Registrar General shall be registrar of marriages, and to assist
him, the
Governor may appoint one or more deputy registrars, and such deputies map
celebrate
marriages; and may exercise all the other powers, and perform all the
duties conferred
upon the Registrar General by this Ordinance, and all acts done by a
deputy shall be
as valid as if done by the Registrar General.
6. The Governor may license any place of public warship to be a place for
the
celebration of marriages, and may, at any time, cancel any such licence.
7. Whenever the Governor grants or cancels any such licence, the Registrar
General shall give public notice thereof in the Government Gazette.
Preliminaries to marriage..
Nonce of $, Whenever, after this Ordinance takes effect, any ,persons
desire to marry, one
intended r
marriage. of the parties to the intended marriage shall gig notice thereof
to the Registrar
General in the following form:-
NOTICE OP MARRIAGE.
To the Registrar General of Hongkong.
I hereby give you notice that a marriage is intended to be had, within
three
months from the date hereof, between me and the other party herein named.
Name. Condition. Rank Age. Dwelling Consent,
A or place. i f any, b whom
profession. ye .
Name Bachelor
of or
Bridegroom, Widower,
Name Spinster
of or
Bride, 'Widow,
Witness my hand this
day of 187
. (Signature of.party giving the notice.)
Every such notice shall be signed by the party giving notice.
,9.,.The Registrar General shall file every such notice in his office; he
shall expose
one copy of such notice in a conspicuous place open to the public, and
keep it so exposed
until he issue a, certificate as hereinafter mentioned, or until the
three months expire;
he shall also enter, a copy of the said notice with the date of such
entry in a book to be
called the Marriage Notice Book, and shall allow any persornto inspect
such book during
once hours without fee.
Forms of notice 10. The Registrar General shall supply forms^~of notice
gratuitously to persons
to be supplied
:$rsti$. applying for the same.
ORDINANCE No. 4 or 1875.
Marriage'.
11. At any, time not more than three months nor (except when the Governor
Registrar
grants a licence) less than fifteen dais after the giving of such notice,
the Registrar
General shall, on the request of either of the parties, issue a
certificate in the form A
in the schedule hereto.
12. The Governor may, at any time after a party has given notice as
aforesaid,
grant a licence in the form B in the schedule hereto, authorising the
Registrar General
to issue his certificate on or after any day named in- such licence.
13. If the marriage do not tale place within three months after giving
the above
notice, the notice given and all other proceedings thereupon shall be
utterly void, and
fresh notice will be required before any marriage can be had between the
parties.
14. The Governor may, when he sees fit, grant a speciahlicence in the
form C in
the schedule hereto, dispensing with nqtice as aforesaid, or with the
certificate of the
Registrar General, or with both, arid authorizing the celebration of a
marriage between
the parties named, between the hours of six in t'he forenoon and six in
the afternoon,
upon a day and at a place specified in the licence.
15. Before the Registrar General issues any certificate, and before the
Governor
grants any licence,, one of the parties to the intended marriage shall
appear personally
before the Registrar General and make affidavit (which the Registrar
General is hereby
authorised 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.
16. If either party to the intended marriage, not being a widower o^r a
widow, is
under, twenty-one years of age, the written consent of the father, or (if
he be dead) of
the mother, or (if both be dead) of the lawful guardian of such party,
must be produced
to the Registrar General before he issues -a certificate, or to the
Governor before he
grants a licence. -
I'7. If there be no parent or guardian of such party residing in the
Colony, the
Registrar General may give his consent in writirkg to the marriage, if
upon enquiry
the marriage appear to him to be proper, and such consent shall be as
effectual as if
the father or mother or guardian had consented.
18. Any person whose consent is required as aforesaid may forbid the
issue of the Issue of
certificate may
Registrar General's certificate by writing the word °1 Forbidden '
opposite the entry in 'be forbidden.
the marriage notice book, and by signing his name and the character in
which he
forbids the issue; and if the issue of any certificate be so forbidden,
the notice and all
proceedings thereupon shall be void. ''
19. If either of the p,~roes to the intended marriage allege that the
person
forbidding the issue is not authorised by law so to do, the Registrar
General shall
enquire into the matter, and if he be satisfied that the person is nit so
authorised, he
may proceed to issue~the certificatein due course without reckoning the
time that has
General may
issue certificate..
After notice the-
Gorernor may
grant a licence.
If marriage do
not take place
in three months
fresh notice to be
given.*,
Special licence
in case of
emergency.
Affidavit before
issue of
certificate or
licence.
Consent of
parents or
guardians to
marriage of
minors.
If no parent or
gnardian,Re-
gistrar General-
may consent.
elapsed since the issue was forbidden.
The Registrar
General may
enquire into
the right to
forbid.
ORDINANCE Nio._ 4'6F 187-5.
ITarriage.
For the purposes of such enquiry, or of any enquiry under section 17, the
Registrar
General may administer an oath to any person.
Penalty for fabgo 20. If any person wilfully mali;es.any false statement
in any affidavit as aforesaid,
sta tement.
or wilfully makes on oath any false statement or gives. any false answer
in any such
y enquiry, he shall, on conviction before the Supreme Court, be liable to
be imprisoned
for any term not exceeding two years with or without hard labour.
Celebrajion of marriage.
bTarriaga i~u
1lcensed places of
worship.
Marriage cer-
hTarring© before
the lttegistrar
-0Generni.
21. Marriages may hereafter be celebrated in any licensed placer 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 'Lbe ,marriage be celebrated
with open
doors, between the hours of six o'clock in the morning and six in the
afternoon, and
in the presence of two or morn witnesses besides the officiating minister.
No minister shall celebrate any marriage until the parties deliver to him
the
Registrar General's certificate or the Governor's special licence.
Ministers nay receive the fees ordinarily paid for the celebration of
marriage:
22. The Registrar General 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 form in the schedule hereto. The certificate shall be signed in
duplicate by the
officiating minister, by the parties, and by two or more witnesses to
tha.marriage.
The ininilter shall deliver one certificate to the parties, immediately
after the
marriage, and shall transmit the other to the Registrar General within
seven days
thereafter, and' the Registrar General shall file the same in his office.
The officiating minister shall enter in the butt the names of the parties
and the
date of the marriage. ~'
23. After the issue of a certificate by the Registrar General, the
parties may; if
they think fit, contract a marriage before the Registrar General, in the
presence of two
witnesses, in the Registrar General's office, with open doors, between
the hours of ten
o'clock in the forenoon and four o'clock in the afternoon, and in the
following manner:
The Registrar General, shall first address the parties to the following
effect:--
'Know'ye, A.B. and G.D., that by the public taking of each other as man
and wife in
'my presence end in the presence of the persons now bare, 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
know ye further that this marriage cannot be dissolved during your life
time, except
by a valid judgment of divorce, and that if either of you, before the
death of the other,
shall contract another marriage while this remains undissolved;'-yon will
thereby be
guilty of bigamy, and be liable to the punishment inflicted for
that~grievous offence.''
ORDINANCE No: 4 OF 18.4 5.
.Marriage.
Each of the parties shall then say to the other ' I call upon all,persons
here present
to witness that I, A.33., do take thee C.D. to be my lawful wife (or
husband).'
The Registrar General and the parties and witnesses. shall thereupon sign
duplicate certificates in the form and manner hereinbefore prescribed.
The Registrar General shall deliver one certificate to the parties and
shall file
the other in his office.
24. Whenever the Governor's special licence authorises the celebration of
a
1367
Marriages lry
special licence at
marriage at a place other than a registered place of worship, or ,the
office of the other places.
Registrar General, the Registrar General upon taking the affidavit of one
of the parties
,
to the marriage, shall deliver to him a blank certificate of marriage in
duplicate, and
the minister celebrating the marriage, the parties and two witnesses
shall sign the
n
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 General within seven days thereafter, and the Registrar General
shall file
the same in vis ,office.
25. The Registrar General shall register all certificates of marriage
filed in his
office in such order and manner as he thinks best suited for easy
reference thereto.
2g, Any certificate of marriage filed in the office of the Registrar
General, or a
'copy thereof, provided it,purport to be signed and cert'.-Tied as 'a
true copy by the
Registrar General, and to be sealed or stamped with his official seal,
shall be admissi-
ble as evidence of the marriage to which the same relates in any court of
, justice, or
before any person now or hereafter having by law or by consent of parties
authority to
hear, receive and examine evidence.
Certificates how
filed.
Cortiflcates or
certified copieq
to be, evidence.
27, The Registrar General may, wlhen authorised by the
Colonial°Secretary, correct Correction of
errors in
army clerical error in any certificate of marriage upon production to him
of the certifi- wrtia°ate.
cafe delivered to the parties, and shall authenticato,every such
correction by his signa-
ture or by marking the same with his initials, and the date of making the
correction.
28. .-No marriage .shall be valid which would be null and void on the
ground of Invalid naar-
. ria.ges.
kindred or affinity in England or Wales.
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
General or,$ li-
censed place of worship,(except when authorised by special licence), or
under a false
name or names, or witliut ceitificate of notice or licence duly issued,
or by a person
of being a competent minister or the )registrar General or his depyty.
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.
Marriages under
this Ordinance
ORDINANCE MD.. 4 of 1875.
Marriage.
29. All marriages celebrated under this Ordinance shall be good and valid
in law
to all intents and purposes.
arurrying minors 30. Whosoever, knowing that the written consent of the
proper person as herein
without consent
of proper person, prescribed has not been obtained, shad marry or assist
or procure any other person to
marry a minor under the sae of twenty-one years, not being a widow or
widower, shall be
guilty of a misdemeanor, and upon conviction thereof, before the Supreme
Court, shall
be liable, at the discretion of the. Court, 'to be imprisoned for any
term not exceeding
two years with or without hard labour.
Any minister shall be guilty of a misdemeanor who wilfully celebrates a
marriage,
in the case of a minor, without such written consent as herein
prescribed, or who
wilfully celebrates a marriage, contrary to any other provision of this
Ordinance, or
knowing that any provision of this Ordinance has Riot been complied with,
and upon
conviction thereof, before the Supreme Court, shall be liable, at the
discretion of the
court, to be imprisoned for any term not exceeding two years.
Penalty for 3.1, Any minister who, after celebrating a marriage, fails to
transmit the certifi-
fniiing to tr«ns-
~i~r certificate of tote thereof to the Registrar General within seven
days thereafter, shall be liable to a
penalty not exceeding fifty dollars.
Penalty for 32, Whosoever wilfully removes, defaces, alters, or destroys
any copy ,of a notice
deftciug notices.
of intended marriage, shall he liable to a penalty not exceeding
twenty-five dollars.
Persons ,lnaulr = 33. Whosoever knowingly and wilfully celebrates or
pretends to celebrate a
teleLrating .. ,
~na'zage, marriage, not being legally competent so to do, shall be guilty
of a misdemeanor, and
being convicted thereof before the Supreme Court, shall be liable, at the
discretion of
the Court, to be imprisoned for guy term not exceeding two years with or
without hart'.
labour. _
34. All penalties for offences against this Ordinance may be recovered in
a sum-
mary way before any Magistrate.
35, The fees specified in the schedule hereto shall be paid to the
Registrar
General for the several matters to which they are applfbable, and shall
be by him paid
into the Colonial Treasury.
fig. The forms contained in, the schedule hereto may be used in the cases
to,
which they are applicable with such alterations as circumstances map
render necessary.
Application of 3'7. This Ordinance shall apply to all marriages were one
or both the parties
Ordinance, and
when to come in professes the Christian religion, and shall take effect on
a day to be hereafter proclaim-
foree.
ed by the Governor, and from and after such daf Ordinance No. 1 of 1852
shall be
and the same is hereby repealed.
ORDINANCE No. 4 or 1875.
.Marriage.
SCHEDULE.
Form A.
Registrar General's Certificate.
1, , Registrar General for the Colony of 13ongkong, do hereby certify that
on
the day of notice was duly entered in the marriage notice book of the
-said Colony of the marriage intended to be had between the partids
herein named and described.
Names.
Condition I Rarik or Profession. I Age.
Date of notice entered
Date of certificate given
Dwelling Place.
187 . The issue of this certificate his not been forbidden
by any person authorised to forbid the issue
18?''° .thereof.
Witness my hand this day of
187
(Signed),
Registrar General.
This certificate wlll be void unless the ma.rziage is solemnised on or
before the day Df
187
This certificate is issued by virtue of the Govei nox's licence dated
the day of
Form. B.
Marriage licence.
Ordinance No. 4 of 1875, section 12.
Whereas on the day of
187 ,notice was given to the Registrar General
of a marriage intended to be had bstween A. B. and C. D. therein
mentioned, and the said A. B.
desires to obtain a licence for the immediate i.Nue of a certificate of
such notice, and has made before
the said Registrar General the affidavit required by the llTarriage
Ordinance of 1875, section 1 5.
Now, therefore, in pursuance of the said Ordinance, I do hereby authorise
the said Registrar General
to issue the said certificate, at any t' me on or after the day of , and
within
three calendar months of the said ' day of*
Given under my hand this day of 187 .
A The date of the notice.
Form C.
Special licence.
*
Governor.
R'hereas A. B, and 0. 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 of 1875.
ORDINANCE :Nb. 4 :oF 1875.
Marriage:
Name of wife
Now, therefore, in pursuance of the said Ordinance, I do dispense with
the giving of notice and the
issue of the certificate thereby prescribed (or as the case may be) and
do hereby authorise any competent
person to celebrate marriage between the said A. B. and C. D. at place of
celebration] upon the
day of 187 , between the hours of six in the forenoon and six in the
afternoon.
Given under my hand this day of ~ 187
FORM OF CERTIFICATE.
Governor.
Irongkon9 Ordinance ll'o. 4 of Ifi75, sec. 22.Hongkong Ordinance No. 4 of
1875, see. 22
Certificate of marriage.
Thin marriage was ~ ~ in the pre-
solemnised be eenceofus,
tween us,
TABLE OF FEES.
Married at by (or before) me,
Thia'mRrriai;e was ~ ~ in the pre-
,solemnised be- sence of us,
'tweon us,
Notice of marriage, section 8, ; Nil. -
Certificate of notice, section 11, ; : ::: One dollar.'
Marriage licence, , :' : ,. - Five dollars.
Special lieence, . : - :Twenty-five dollars:
Marriage at the office of the Registrar General,...-,,....Two. dollars.
[Repealed by Ordinance z1To; 14,af 181~.]
1363
Title.
Preamble.
Short title.
Existing registers or copies thereof to be delivered to the Registrar General.
Copies to be certified.
Expenses may be defrayed from public revenue.
1364
Registrar of marriage and deputies.
The Governor may licence places of worship.
Notice of intended marriage.
Notices to be filed and copies made by the Registrar General.
Forms of notice to be supplied gratis.
1365
Registrar General may issue certificate.
After notice the Governor may grant a licence.
If marriage do not take place in three months fresh notice to be given.
Special licence in case of emergency.
Affidavit before issue of certificate or licence.
Consent of parents or guardians to marriage of minors.
If no parent or guardian, Registrar General may consent.
Issue of certificate may be forbidden.
The Registrar General may enquire into the right to forbid.
1366
Penalty for false statement.
Marriage in license places of worship.
Marriage certificates.
Marriage before the Registrar General.
1367
Marriages by special licence at other places.
Certificates how filled.
Certificates or certified copies to be evidence.
Correction of errors in certificate.
Invalid marriages.
1368
Marriages under this Ordinance valid.
Marrying minors without consent of proper person.
Penalty for failing to transmit certificate of marriage.
Penalty for defacing notices.
Persons unduly celebrating marriage.
Penalties.
Fees.
Forms.
Application of Ordinance, and when to come in force.
Repeal.
No. 4 of 18715.
An Ordinance to provide a general Register of Marriages celebrated in
Hongkong.
[8th April, 1875.]
WHEREAS it is expedient that marriages celebrated in the Colony of Hongkong
should be systematically recorded in one general register: Be it enacted
by the
Governor of Hongkong, with the advice of the Legislative Council thereof,
as follows:--
1. This Ordinance may be cited for all purposes as The Marriage
Ordinance, 1875.
2. Every minister of religion or other person who has in his custody any
register
or other official record of marriages heretofore celebrated in this
.Colony shall, within
three-months after this Ordinance takes effect, deliver to the Registrar
General the
said register or official record, or a copy thereof.
~,3. Every person delivering a copy shall append thereto 'a certificate
in the
following form,:-
A
I, A.B., &c.,
do certify that the above written
pages are a true copy of the register ~(or official record) of marriages
hereto-
fore celebrated in St. John's Cathedral Church (or as the case may be) and
that tkle origiual;is in my custody.
Dated the . day^of
187
(Signed,) . A. B. ,
Short title.
Existing regis-
ters or copies
thereof to be
delivered to the-
Registrnr
General.
Copies to be
certified.
4. The Governor may defray, from the public revenue of the Colony, all
proper Expense' maybe
defrayed from
expenses connected with the A~eliveri' ofrthe said registers or official.
records, or of making public. revenue.
and delivering copies thereof.
Notices to be filed
.tend copies made
by the Registrar
General.
Registrar of
marriages and
~deppU..
The Governor
may licence
places of
worship.
LfceneeB to be
gazetted.
ORDINANCE No. 4 0r 1875.
Marriage.
15. The Registrar General shall be registrar of marriages, and to assist
him, the
Governor may appoint one or more deputy registrars, and such deputies map
celebrate
marriages; and may exercise all the other powers, and perform all the
duties conferred
upon the Registrar General by this Ordinance, and all acts done by a
deputy shall be
as valid as if done by the Registrar General.
6. The Governor may license any place of public warship to be a place for
the
celebration of marriages, and may, at any time, cancel any such licence.
7. Whenever the Governor grants or cancels any such licence, the Registrar
General shall give public notice thereof in the Government Gazette.
Preliminaries to marriage..
Nonce of $, Whenever, after this Ordinance takes effect, any ,persons
desire to marry, one
intended r
marriage. of the parties to the intended marriage shall gig notice thereof
to the Registrar
General in the following form:-
NOTICE OP MARRIAGE.
To the Registrar General of Hongkong.
I hereby give you notice that a marriage is intended to be had, within
three
months from the date hereof, between me and the other party herein named.
Name. Condition. Rank Age. Dwelling Consent,
A or place. i f any, b whom
profession. ye .
Name Bachelor
of or
Bridegroom, Widower,
Name Spinster
of or
Bride, 'Widow,
Witness my hand this
day of 187
. (Signature of.party giving the notice.)
Every such notice shall be signed by the party giving notice.
,9.,.The Registrar General shall file every such notice in his office; he
shall expose
one copy of such notice in a conspicuous place open to the public, and
keep it so exposed
until he issue a, certificate as hereinafter mentioned, or until the
three months expire;
he shall also enter, a copy of the said notice with the date of such
entry in a book to be
called the Marriage Notice Book, and shall allow any persornto inspect
such book during
once hours without fee.
Forms of notice 10. The Registrar General shall supply forms^~of notice
gratuitously to persons
to be supplied
:$rsti$. applying for the same.
ORDINANCE No. 4 or 1875.
Marriage'.
11. At any, time not more than three months nor (except when the Governor
Registrar
grants a licence) less than fifteen dais after the giving of such notice,
the Registrar
General shall, on the request of either of the parties, issue a
certificate in the form A
in the schedule hereto.
12. The Governor may, at any time after a party has given notice as
aforesaid,
grant a licence in the form B in the schedule hereto, authorising the
Registrar General
to issue his certificate on or after any day named in- such licence.
13. If the marriage do not tale place within three months after giving
the above
notice, the notice given and all other proceedings thereupon shall be
utterly void, and
fresh notice will be required before any marriage can be had between the
parties.
14. The Governor may, when he sees fit, grant a speciahlicence in the
form C in
the schedule hereto, dispensing with nqtice as aforesaid, or with the
certificate of the
Registrar General, or with both, arid authorizing the celebration of a
marriage between
the parties named, between the hours of six in t'he forenoon and six in
the afternoon,
upon a day and at a place specified in the licence.
15. Before the Registrar General issues any certificate, and before the
Governor
grants any licence,, one of the parties to the intended marriage shall
appear personally
before the Registrar General and make affidavit (which the Registrar
General is hereby
authorised 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.
16. If either party to the intended marriage, not being a widower o^r a
widow, is
under, twenty-one years of age, the written consent of the father, or (if
he be dead) of
the mother, or (if both be dead) of the lawful guardian of such party,
must be produced
to the Registrar General before he issues -a certificate, or to the
Governor before he
grants a licence. -
I'7. If there be no parent or guardian of such party residing in the
Colony, the
Registrar General may give his consent in writirkg to the marriage, if
upon enquiry
the marriage appear to him to be proper, and such consent shall be as
effectual as if
the father or mother or guardian had consented.
18. Any person whose consent is required as aforesaid may forbid the
issue of the Issue of
certificate may
Registrar General's certificate by writing the word °1 Forbidden '
opposite the entry in 'be forbidden.
the marriage notice book, and by signing his name and the character in
which he
forbids the issue; and if the issue of any certificate be so forbidden,
the notice and all
proceedings thereupon shall be void. ''
19. If either of the p,~roes to the intended marriage allege that the
person
forbidding the issue is not authorised by law so to do, the Registrar
General shall
enquire into the matter, and if he be satisfied that the person is nit so
authorised, he
may proceed to issue~the certificatein due course without reckoning the
time that has
General may
issue certificate..
After notice the-
Gorernor may
grant a licence.
If marriage do
not take place
in three months
fresh notice to be
given.*,
Special licence
in case of
emergency.
Affidavit before
issue of
certificate or
licence.
Consent of
parents or
guardians to
marriage of
minors.
If no parent or
gnardian,Re-
gistrar General-
may consent.
elapsed since the issue was forbidden.
The Registrar
General may
enquire into
the right to
forbid.
ORDINANCE Nio._ 4'6F 187-5.
ITarriage.
For the purposes of such enquiry, or of any enquiry under section 17, the
Registrar
General may administer an oath to any person.
Penalty for fabgo 20. If any person wilfully mali;es.any false statement
in any affidavit as aforesaid,
sta tement.
or wilfully makes on oath any false statement or gives. any false answer
in any such
y enquiry, he shall, on conviction before the Supreme Court, be liable to
be imprisoned
for any term not exceeding two years with or without hard labour.
Celebrajion of marriage.
bTarriaga i~u
1lcensed places of
worship.
Marriage cer-
hTarring© before
the lttegistrar
-0Generni.
21. Marriages may hereafter be celebrated in any licensed placer 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 'Lbe ,marriage be celebrated
with open
doors, between the hours of six o'clock in the morning and six in the
afternoon, and
in the presence of two or morn witnesses besides the officiating minister.
No minister shall celebrate any marriage until the parties deliver to him
the
Registrar General's certificate or the Governor's special licence.
Ministers nay receive the fees ordinarily paid for the celebration of
marriage:
22. The Registrar General 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 form in the schedule hereto. The certificate shall be signed in
duplicate by the
officiating minister, by the parties, and by two or more witnesses to
tha.marriage.
The ininilter shall deliver one certificate to the parties, immediately
after the
marriage, and shall transmit the other to the Registrar General within
seven days
thereafter, and' the Registrar General shall file the same in his office.
The officiating minister shall enter in the butt the names of the parties
and the
date of the marriage. ~'
23. After the issue of a certificate by the Registrar General, the
parties may; if
they think fit, contract a marriage before the Registrar General, in the
presence of two
witnesses, in the Registrar General's office, with open doors, between
the hours of ten
o'clock in the forenoon and four o'clock in the afternoon, and in the
following manner:
The Registrar General, shall first address the parties to the following
effect:--
'Know'ye, A.B. and G.D., that by the public taking of each other as man
and wife in
'my presence end in the presence of the persons now bare, 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
know ye further that this marriage cannot be dissolved during your life
time, except
by a valid judgment of divorce, and that if either of you, before the
death of the other,
shall contract another marriage while this remains undissolved;'-yon will
thereby be
guilty of bigamy, and be liable to the punishment inflicted for
that~grievous offence.''
ORDINANCE No: 4 OF 18.4 5.
.Marriage.
Each of the parties shall then say to the other ' I call upon all,persons
here present
to witness that I, A.33., do take thee C.D. to be my lawful wife (or
husband).'
The Registrar General and the parties and witnesses. shall thereupon sign
duplicate certificates in the form and manner hereinbefore prescribed.
The Registrar General shall deliver one certificate to the parties and
shall file
the other in his office.
24. Whenever the Governor's special licence authorises the celebration of
a
1367
Marriages lry
special licence at
marriage at a place other than a registered place of worship, or ,the
office of the other places.
Registrar General, the Registrar General upon taking the affidavit of one
of the parties
,
to the marriage, shall deliver to him a blank certificate of marriage in
duplicate, and
the minister celebrating the marriage, the parties and two witnesses
shall sign the
n
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 General within seven days thereafter, and the Registrar General
shall file
the same in vis ,office.
25. The Registrar General shall register all certificates of marriage
filed in his
office in such order and manner as he thinks best suited for easy
reference thereto.
2g, Any certificate of marriage filed in the office of the Registrar
General, or a
'copy thereof, provided it,purport to be signed and cert'.-Tied as 'a
true copy by the
Registrar General, and to be sealed or stamped with his official seal,
shall be admissi-
ble as evidence of the marriage to which the same relates in any court of
, justice, or
before any person now or hereafter having by law or by consent of parties
authority to
hear, receive and examine evidence.
Certificates how
filed.
Cortiflcates or
certified copieq
to be, evidence.
27, The Registrar General may, wlhen authorised by the
Colonial°Secretary, correct Correction of
errors in
army clerical error in any certificate of marriage upon production to him
of the certifi- wrtia°ate.
cafe delivered to the parties, and shall authenticato,every such
correction by his signa-
ture or by marking the same with his initials, and the date of making the
correction.
28. .-No marriage .shall be valid which would be null and void on the
ground of Invalid naar-
. ria.ges.
kindred or affinity in England or Wales.
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
General or,$ li-
censed place of worship,(except when authorised by special licence), or
under a false
name or names, or witliut ceitificate of notice or licence duly issued,
or by a person
of being a competent minister or the )registrar General or his depyty.
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.
Marriages under
this Ordinance
ORDINANCE MD.. 4 of 1875.
Marriage.
29. All marriages celebrated under this Ordinance shall be good and valid
in law
to all intents and purposes.
arurrying minors 30. Whosoever, knowing that the written consent of the
proper person as herein
without consent
of proper person, prescribed has not been obtained, shad marry or assist
or procure any other person to
marry a minor under the sae of twenty-one years, not being a widow or
widower, shall be
guilty of a misdemeanor, and upon conviction thereof, before the Supreme
Court, shall
be liable, at the discretion of the. Court, 'to be imprisoned for any
term not exceeding
two years with or without hard labour.
Any minister shall be guilty of a misdemeanor who wilfully celebrates a
marriage,
in the case of a minor, without such written consent as herein
prescribed, or who
wilfully celebrates a marriage, contrary to any other provision of this
Ordinance, or
knowing that any provision of this Ordinance has Riot been complied with,
and upon
conviction thereof, before the Supreme Court, shall be liable, at the
discretion of the
court, to be imprisoned for any term not exceeding two years.
Penalty for 3.1, Any minister who, after celebrating a marriage, fails to
transmit the certifi-
fniiing to tr«ns-
~i~r certificate of tote thereof to the Registrar General within seven
days thereafter, shall be liable to a
penalty not exceeding fifty dollars.
Penalty for 32, Whosoever wilfully removes, defaces, alters, or destroys
any copy ,of a notice
deftciug notices.
of intended marriage, shall he liable to a penalty not exceeding
twenty-five dollars.
Persons ,lnaulr = 33. Whosoever knowingly and wilfully celebrates or
pretends to celebrate a
teleLrating .. ,
~na'zage, marriage, not being legally competent so to do, shall be guilty
of a misdemeanor, and
being convicted thereof before the Supreme Court, shall be liable, at the
discretion of
the Court, to be imprisoned for guy term not exceeding two years with or
without hart'.
labour. _
34. All penalties for offences against this Ordinance may be recovered in
a sum-
mary way before any Magistrate.
35, The fees specified in the schedule hereto shall be paid to the
Registrar
General for the several matters to which they are applfbable, and shall
be by him paid
into the Colonial Treasury.
fig. The forms contained in, the schedule hereto may be used in the cases
to,
which they are applicable with such alterations as circumstances map
render necessary.
Application of 3'7. This Ordinance shall apply to all marriages were one
or both the parties
Ordinance, and
when to come in professes the Christian religion, and shall take effect on
a day to be hereafter proclaim-
foree.
ed by the Governor, and from and after such daf Ordinance No. 1 of 1852
shall be
and the same is hereby repealed.
ORDINANCE No. 4 or 1875.
.Marriage.
SCHEDULE.
Form A.
Registrar General's Certificate.
1, , Registrar General for the Colony of 13ongkong, do hereby certify that
on
the day of notice was duly entered in the marriage notice book of the
-said Colony of the marriage intended to be had between the partids
herein named and described.
Names.
Condition I Rarik or Profession. I Age.
Date of notice entered
Date of certificate given
Dwelling Place.
187 . The issue of this certificate his not been forbidden
by any person authorised to forbid the issue
18?''° .thereof.
Witness my hand this day of
187
(Signed),
Registrar General.
This certificate wlll be void unless the ma.rziage is solemnised on or
before the day Df
187
This certificate is issued by virtue of the Govei nox's licence dated
the day of
Form. B.
Marriage licence.
Ordinance No. 4 of 1875, section 12.
Whereas on the day of
187 ,notice was given to the Registrar General
of a marriage intended to be had bstween A. B. and C. D. therein
mentioned, and the said A. B.
desires to obtain a licence for the immediate i.Nue of a certificate of
such notice, and has made before
the said Registrar General the affidavit required by the llTarriage
Ordinance of 1875, section 1 5.
Now, therefore, in pursuance of the said Ordinance, I do hereby authorise
the said Registrar General
to issue the said certificate, at any t' me on or after the day of , and
within
three calendar months of the said ' day of*
Given under my hand this day of 187 .
A The date of the notice.
Form C.
Special licence.
*
Governor.
R'hereas A. B, and 0. 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 of 1875.
ORDINANCE :Nb. 4 :oF 1875.
Marriage:
Name of wife
Now, therefore, in pursuance of the said Ordinance, I do dispense with
the giving of notice and the
issue of the certificate thereby prescribed (or as the case may be) and
do hereby authorise any competent
person to celebrate marriage between the said A. B. and C. D. at place of
celebration] upon the
day of 187 , between the hours of six in the forenoon and six in the
afternoon.
Given under my hand this day of ~ 187
FORM OF CERTIFICATE.
Governor.
Irongkon9 Ordinance ll'o. 4 of Ifi75, sec. 22.Hongkong Ordinance No. 4 of
1875, see. 22
Certificate of marriage.
Thin marriage was ~ ~ in the pre-
solemnised be eenceofus,
tween us,
TABLE OF FEES.
Married at by (or before) me,
Thia'mRrriai;e was ~ ~ in the pre-
,solemnised be- sence of us,
'tweon us,
Notice of marriage, section 8, ; Nil. -
Certificate of notice, section 11, ; : ::: One dollar.'
Marriage licence, , :' : ,. - Five dollars.
Special lieence, . : - :Twenty-five dollars:
Marriage at the office of the Registrar General,...-,,....Two. dollars.
[Repealed by Ordinance z1To; 14,af 181~.]
1363
Title.
Preamble.
Short title.
Existing registers or copies thereof to be delivered to the Registrar General.
Copies to be certified.
Expenses may be defrayed from public revenue.
1364
Registrar of marriage and deputies.
The Governor may licence places of worship.
Notice of intended marriage.
Notices to be filed and copies made by the Registrar General.
Forms of notice to be supplied gratis.
1365
Registrar General may issue certificate.
After notice the Governor may grant a licence.
If marriage do not take place in three months fresh notice to be given.
Special licence in case of emergency.
Affidavit before issue of certificate or licence.
Consent of parents or guardians to marriage of minors.
If no parent or guardian, Registrar General may consent.
Issue of certificate may be forbidden.
The Registrar General may enquire into the right to forbid.
1366
Penalty for false statement.
Marriage in license places of worship.
Marriage certificates.
Marriage before the Registrar General.
1367
Marriages by special licence at other places.
Certificates how filled.
Certificates or certified copies to be evidence.
Correction of errors in certificate.
Invalid marriages.
1368
Marriages under this Ordinance valid.
Marrying minors without consent of proper person.
Penalty for failing to transmit certificate of marriage.
Penalty for defacing notices.
Persons unduly celebrating marriage.
Penalties.
Fees.
Forms.
Application of Ordinance, and when to come in force.
Repeal.
Abstract
1363
Title.
Preamble.
Short title.
Existing registers or copies thereof to be delivered to the Registrar General.
Copies to be certified.
Expenses may be defrayed from public revenue.
1364
Registrar of marriage and deputies.
The Governor may licence places of worship.
Notice of intended marriage.
Notices to be filed and copies made by the Registrar General.
Forms of notice to be supplied gratis.
1365
Registrar General may issue certificate.
After notice the Governor may grant a licence.
If marriage do not take place in three months fresh notice to be given.
Special licence in case of emergency.
Affidavit before issue of certificate or licence.
Consent of parents or guardians to marriage of minors.
If no parent or guardian, Registrar General may consent.
Issue of certificate may be forbidden.
The Registrar General may enquire into the right to forbid.
1366
Penalty for false statement.
Marriage in license places of worship.
Marriage certificates.
Marriage before the Registrar General.
1367
Marriages by special licence at other places.
Certificates how filled.
Certificates or certified copies to be evidence.
Correction of errors in certificate.
Invalid marriages.
1368
Marriages under this Ordinance valid.
Marrying minors without consent of proper person.
Penalty for failing to transmit certificate of marriage.
Penalty for defacing notices.
Persons unduly celebrating marriage.
Penalties.
Fees.
Forms.
Application of Ordinance, and when to come in force.
Repeal.
Title.
Preamble.
Short title.
Existing registers or copies thereof to be delivered to the Registrar General.
Copies to be certified.
Expenses may be defrayed from public revenue.
1364
Registrar of marriage and deputies.
The Governor may licence places of worship.
Notice of intended marriage.
Notices to be filed and copies made by the Registrar General.
Forms of notice to be supplied gratis.
1365
Registrar General may issue certificate.
After notice the Governor may grant a licence.
If marriage do not take place in three months fresh notice to be given.
Special licence in case of emergency.
Affidavit before issue of certificate or licence.
Consent of parents or guardians to marriage of minors.
If no parent or guardian, Registrar General may consent.
Issue of certificate may be forbidden.
The Registrar General may enquire into the right to forbid.
1366
Penalty for false statement.
Marriage in license places of worship.
Marriage certificates.
Marriage before the Registrar General.
1367
Marriages by special licence at other places.
Certificates how filled.
Certificates or certified copies to be evidence.
Correction of errors in certificate.
Invalid marriages.
1368
Marriages under this Ordinance valid.
Marrying minors without consent of proper person.
Penalty for failing to transmit certificate of marriage.
Penalty for defacing notices.
Persons unduly celebrating marriage.
Penalties.
Fees.
Forms.
Application of Ordinance, and when to come in force.
Repeal.
Identifier
https://oelawhk.lib.hku.hk/items/show/340
Edition
1890
Volume
v3
Cap / Ordinance No.
No. 4 of 1875
Number of Pages
8
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MARRIAGE ORDINANCE,1875,” Historical Laws of Hong Kong Online, accessed February 23, 2025, https://oelawhk.lib.hku.hk/items/show/340.
