MARRIAGE ORDINANCE, 1875

MARRIAGE ORDINANCE, 1875

ORMNANCE No. 14 OF 1875.

Marriage.

No. 14 of 1875.

An Ordinance to provide a general Register- of Marriages cele- Title.

grated in Hongkong.

September,
W1875.1

HEREAS it is expedient that marriages celebrated in the Colony rrea-ble=
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 Short
title.
Ordinance, 1875.'

N. Every minister of religion or other person who has in his custody
any register or other official record of marriages heretofore celebrated
in
the Colony may, within three rnontlls after this Ordinance takes effect,
deliver to the Registrar General the said register or official record:,
or a
copy thereof, omitting, if desired, any matters of a private or
confidential
nature.

3. Every person delivering a copy shall append thereto a certificate
Copies to be
certified.
in the following form: -
a
1, A. B., &c., do certify that. the above
written pages are a true copy (excepting only matters of
.
a private or confidential nature) of the register- [or official
record] of marriages heretofore celebrated in St. John's Cathedral
Church [or as the case may be] and that the original is in my',

custody.

Existing
registers or
copies thereof
to be delivered
to the Regis-
trar General.

Dated the

day of

187

( Signed, ) A. B.

4. The Governor may defray, from the public revenue of the Colony,
-all proper expenses connected with the delivery of the said registers or
-official -records' or of making and delivering copies thereof.

5. The Registrar. General. shall be Registrar of Marriages, and, to
Registrar of
marriages and
,,assist him, the Governor may appoint one or more Deputy Registrars,
deputies.
and such deputies may 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
,clone by the Registrar General.

1401

Expenses may
be defrayed
from public
revenue.
They Governor
may- license
places of
worship.

Licences to ho
gazetted.

ORDINANCE No. 14 0F1875.

Marriage.

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

7. Whenever the Governor grants or cancels any such licence, tht
fi,eaistrar General sh 11 give public notice thereof is the Government
Gazette.

Prelimb2aries to marriage.

Yotxoe of S, Whenever, after this Ordinance takes effect, any, persons
desire
iatended
marriage. to marry, one of the parties to the intended marriage shall give
notice
thereof to the'Reni.strar General in the following form:-

NOTICE of lflARRmGr.

'f o 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 or Age. Dwelling Consent, if -any,
Profession. ~' Place. by wham given.
,,Name. Bachelor
of or
Bridegroom, Widower,
NAme of Spinster or
Bride, Widow. ^

Witness my hand this

any of 187
.

(Signature of party giving the notice.).,
Every such notice shall be signed by the party giving notice-.-.,

-Notices Notices to ~e . The Registrar General shall file every such
notice in his office; -be,-, fiand

led aa~ shall; ~.s heretofore, exhibit one copy of such notice -at the'
Supre'nlo Gout°t '
by the. Regi-
trar General. Ho-use,: amd'May, if he thinks fit, exhibit copies m other
conapicuous-.
plaGCS . ;open to the _public, and shall kip every such copy ~:o exhibited
until he issue a certificate as hereinafter mentioned, or until the,
three-','.
months ' expire ; he shall also enter a copy of the said notice vith4he-
date of such entry in a ,book to be called the 'Marriage Notice ; -Book,'
end shall allow any person to inspect such book during office hours.

~~ithout fee.
ORDINANCE .No. x14 of 1875.

Marriage.

10. The Renistrar General shall supply forms of notice gratuitously
to persons applying for the same.

11. At any tune not more than three months nor (except where the
Governor grants a licence) less than fifteen days after the giving of such
notice, the hegistrar General shall, on the request of either of the
parties,
issue a certificate ire the form A~ia the schedule hereto.

12. The Governor may, at any tine after a party has given notice
as aforesaid, grant a licence in the form B in the schedule hereto, autho-
rising the Registrar General to issue his certificate oil or after any day
Darned in such licence.

r
13. If the marriage doi ilot take place within three months after
giving the above notice, the notice given and all proceedings thereupon
shall be utterly void, arid fresh notice will be required before any
marriage

can be lead between the parties.

14. The Governor may, when he sees fit, grant a special licence in
the form C in the schedule hereto, dispensino, with notice as aforesaid,
or
with the certificate of the lLegistrar General, or with both, and
authorising
the celebration of a marriage between the parties named at a place and at
a time specified in the licence.
'The Governor may, when he saes fit, grant such licence without
payment of any fee, or on payment of such reduced fee as under the
s~ecia.l circumstances of the case he thinks sufficient.

15, Before the registrar General issues any certificate, and before

1 443

Forms of
notice to be
supplied
gratis.

Registrar--
General may
issue certifi-
cate.

After notice
the Governor
may grant .e
licence.

If marriage
(to not take
place in three
months fresh
notice to be
given..

Special
licence in case
of emergency,

Affidavit
before issue
of certificate
or licence.

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 patties required by law to consent to the marriage has been
obtained
or that no such consent is required.

16. If eityer party- to the intended marriage, not being a widower ,
consent of

,
or-a widow, is under twenty-one years of age, the written consent of the
parents or
guardians t(r
.father, or (if he be dead or non combos inentis) of the mother, or ( if
both m uorsyc ~f
be dead or non compotes .mentis) 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.
If no Parent
.or guardian,
registrar

General mad
consent.

Issue of cer-
tificate may

die forbidden.

Appeal to the
~upreire
Court.

ORDINANCE 1~'0. 14 of 1875.

Marriage.

1'I. If there be no parent or guardian of such party residing in the
Colony and capable of consenting, the Registrar General may give his
consent in writing to the marriage, if upon enqairy 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.
y$. Any person chose consent is required as aforesaid may forbid
the issue of the Registrar General's certificate by, writing the word
' Forbidden' opposite the entry in the marriage notice book, and by
signing his name and the character in which he fot and
if
the issue of any certificate be so forbidden, the notice and all
proceedings
thereupon shall be void. .

mlie Registrar 19. If either of the pasties to the intended rnarrriaae
allege that the
0 enexal may
~~,~ire into person forbidding the issue is not authorised by la«r so to
do, the
tie right to .
forbid. Registrar General shall enquire into the matter, and if he be
satisfied that

the arson is not so authorised, he may proceed to issue the certificate in
flue course without reckoning the time that has elapsed since the issue
Was forbidden.
For the purposes of such enquiry, or of any enquiry under section 17,
the;R~ebistrar General may administer an oath to any person.

'~; If the Registrar General considers that the person forbidding the
issue is authorised so to do, either of the parties to the intended
marriage
may appeal by petition to the Supreme Court, and the court, or any judo
thereof, rnay hear and determine the matter of the petition in a summary
way.
Such determination shall be final; and the Registrar General shall
proceed in accordance therewith, without , rechQning~ the time that has
elapsed since the issue was forbidden.

Penalty fox 21. If any person wilfully makes any false statement in any
affidavit
false state-
ment. as aforesaid, or wilfully males on oath any false statement or,
dives any
false answer in any enquiry by the Registrar General, 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.

Celebration of marr~iaga,

Marriage in 222. Marriages may hereafter be celebrated in any licensed
place of
licensed
yaoes of worship by any competent minister off' the church, denomination,
or
worship. body to which such place of worship belongs, and according to the
rite
ORDINANCE- \'o. 14 or 137').

Marriage.

or usaffes of marriage observed in such church, denomination, or body,
provided that the marriace be celebrated with open doors, and; (except in
case of a special licence), between the hours of six o'clock in the
morning
and six in the afternoon, and in the presence of two or more witnesses
besides the ofhciatino, minister.
No minister shall celebrate any marriage, until the parties deliver to
him tie Renistrar General's certificate or the Governor's special licence.
2`3'. The Registrar General shall cause to be prepared and delivered`
to the. several licensed places of worship books of niarriaye
certificates in -
duplicate and with butts in the form in the schedule hereto. The
certificate shall be signed in duplicate by the officiatin1-3 minister,
by the
`parties, and by two or more witnesses to the rriarriage.
The minister shall deliver one certificate to the parties, iin-mediately
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.
24. 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 or more witnesses, in the Registrar
General's office, with open doors, and (except in case of a special
licence),
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 C. D., that by the public taking of each
other as man and wife in my 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 know ye further
that this marriage cannot be dissolved during your life time, except by a
valid jud-&ment of divorce, and that if either of you, before the death
of the
other; shall contract another maicriaae while this remains undissolved,
you
will' thereby be guilty of bigamy, and be liable to the punishment
inflicted

for that`rievous offence:'

Each of the parties shall then say to the other `` .I call upon all
persons
here prosent to witness that 1, S.B., do take thee, C.D., to be my lawful
wife [a%r husband].'.

14u5

Maorit'~
certificat'..

Marriage
before the. RegiArar ,
General.
Marriages by
special licence

at other
places.

how filed.

Certificates
'or', Certifted
`~pies td be

e'd

vi euce..

Correction of

ORDINANCE No~ :14` oF 1875.

Marriage.

The Registrar General and the parties and witnesses shall thereupon
sign duplicate certificates in the form and manner hereinbefore
prescribed.
P
The Registrar General shall deliver one certificate to the parties and
shall file the other in his office.
25. Whenever the Governor's special licence authorises the celebra-
tion of a marriage-at a place other than a registered place of worship, or
the office of the 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 tile same, in manner
hereinbefore prescribed, and the minister shall deliver one certificate to
.
the parties immediately after the marriage 'end chaff transmit the other
to
the Registrar General within seven days thereafter, and the Registrar
General shall file the same in his office.
R6. The Registrar General shall rebister `,ill certificate of marriage
filed in his office in such order and manner as he thinks best suited' for
easy reference thereto.
27. Any certificate of marriage filed in the. office of the ,Registrar
General; or a copy thereof, provided it purport. to be signed and
certified
as a true copy by the Registrar General, 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 of Justice, or before any person now or
hereafter having by law or by consent of parties authority to hear,
receive
and examine evidence.
2. The Registrar General may, when authorised by the Colonial

rrors in
Secretary, correct any clerical error in any certificate of marriage upon
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.
Invalid 29. No marriage shall be valid which would be null and void on
marriages. .
the ground of kindred or affinity inv 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 a licensed place of' worship (except when
authorised by special licence), or under a false name or names, or without
certificate of notice or licence duly issued; or by va person-not: being a
coppetent minister, or the Registrar General or his deputy:
ORDINANCE No. 14 of 1875.

Marriage.

But no marriage shall, after celebration, be deemed invalid by reason

that any provision of this Ordinance other that the foregoing has not
been complied with. _

30. All marriages celebrated under this Ordinance shall be good
:.and valid injaw to all intents and purposes.

31. Whosoever, knowing that the written consent of the proper
personas herein prescribed has not been obtained, shall marry or assist or
procure any other person to marry a minor under the age 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 b'e 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 not 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 clot exceeding twc~years.

32. Any minister who,, after celebrating a marriage, fails to transmit
the certificate thereof to the Registrar General within seven days there-
after, shall be liable to a penalty not exceeding fifty dollars.

33. Whosoever wilfully removes, defaces, alters, or destroys any
copy of a notice of intended marriage, shall be liable to a penalty not
exceeding twenty-five dollars.

34. Whosoever knowingly and wilfully celebrates or pretends to
Personsundu-

ly -celebrating
.:celebrate a rnarriane, not being legally competent so to do,. shall be
guilty marriage. ;

~of a misdemeanor, and being convicted 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.

35. All penalties for offences against this Ordinance ma ~:e ` penalties.
,.-
recovered in a s .. . , .
ummaly Way before any Magistrate.

36. The fees specified in the schedule hereto shall be paid to tile Fees.
._ .
Registrar General. for the several matters to which they, are applicable,

:and shall be by.him paid into the Colonial Treasury.
i

Marriages
under this
Ordinance
valid.

Marrying
minom with-
out consent. of
proper person.

Penalty for
failing to.
transmit
certificate of
marriage.

Penalty for
defacing
notices.
Application,
~f. orainazaue.

ORDINANCE No. 14 of 1875.

37.. The Registrar General may, in cases when he is satisfied of the

poverty of the parties, reduce the arllounts of the said fees, or even
hewit~
them altogether. `

38. The forms contained in the schedule hereto may he used in tlnc-
cases to which they are applicable with such alterations as circumstances
render necessary. .

39. This Ordinance shall apply to X11 marriages where one or both
the parties profess the Christian religion.

40. This Ordinance shall not come into operation until Her Majesty's
confirmation thereof shall have been proclaimed in the Colony by the
Governor, and thereupon Ordinance Ncb, 1 of 1.82, and Ordinance No. 4
of 1875 shall be and the same are hereby `repealed; but such repeal shall.
not affect anything theretofore lawfully done under either of the said
Ordinances.

SCHEDULE,

Form A.

x,

Registrar General's C'artificate.

:T, , Registrar General for the Colony of Hongkong, do hereby
rertifYahat on the day of notice was duly entered in the

marriage notice hook of~ the said. Colony of the marriage intended to be
had between
the parties herein named acid described.

Names. ~ Condition. ~ t?fLnk or Profession. ~ Aae. ~ Dwelling Place.

`D~e of notice entered 187 . The issue of this cer tificate , has not
been::
T~=of certificate given 1$7 . forbidden by any person authorised to
forbid the issue thereof.

'Vitoess my hand this

day of

'`; ' Registrar General:

Thigcertificate will be void unless the marriage is solemnised on or
before tl
day of ` 187

J
This certificate is issued by virtue of the Governor's licence dated the

do,v of 187
ORDINANCE No. 14 of 1875.

Marriage.

Form B.

Marriage .Licence.

Ordinance No. of 1875, section lv.

Whereas on the day of 18-7 , notice was given to the Registrar
General of a marriage intended to be had between A. B. and C. D. therein
mentioned,
and the said A. B. desires to obtain a licence for the immediate issue of
a certificate of
such notice, and has made before the said Registrar General the affidavit
required by
' The Mar riage -Ordinance, 1875,', section 15.

Now, therefore, in pursuance of the said Ordinance, I do hereby authorise
the said
Registrar General to issue the said certificate, at any time on or after
the
-clay of , and within three ealen1tr months of the said day of '~°

Given under my hand this day of 18'7

Form C.

>pecial Licence.

Governor. 41

Ordinance No. of 1875, section 14.

Whereas A. B. and C. D. desire to marry, and sufficient cause has been
shown to

4

me why such marriage should be allowed without the formalities prescribed
by 'The

Marriage ,Ordinance, 1875.' .

Now; therefore, in pursuance of the said Ordinance, - do dispense with
the giving
-:of notice and ;the issue of ,tle certificate thereby.preseriaed for as
the case may

bed and
do hereby authorise any C'om etent erson to csIebrat6 marriage between
the said A. ,B:
p p. _

_ aa~d C. ~.D. at [.place of celebration] upon the, day of
`.between he hours of , ,, in tkl~ fcfrenoon and

Given under my hand his

187 ,
in the afternoon=;

Governor.---
U1-II)INANCC \To. -14~ oF 187.

.11Tarriage.

FORM OF CERTIFICATE.

Hongkong Ordinance No. of r875, sec. 23. Honykong Ordinance No. of 1875,
gee. 23.-

18---1larri<tge soletnaised in the at in Hongkong. 18-3J'arrIaoc
solemnised in the at in Ilongl:ong. .

Married in the----according to the rites any
ceremonies of the-by-by for before) in

This marriage urns ~ in the pre-
solemniseU be- ~ ~ senco of us,
tween us,

TABLE OF FEES. 2

Married in the--according to the rites arid
ceremonies of the-by-by [or before] me,

'this marriage was
solemnised be-
tween us,

Notice of marriage, section 8, ' Nil.
Certificate of notice, sectioli lI, One dollar.
Marriage licence, section 12, Five dollars.
Special licence, section 14 . ,., Twenty-five dollars.

Marriage at the office of the Reaistrar General,...'I'wd dollars.

in the pre-
serve of us,

[Confirmation proclai»zed .Tst 11Tarcla, 1876, and in,forcc from that
date.]

TQr Registrar General's .11 otice of the 2nd N arch, 1870, of 'the grant
by the-

Goeerxtor° of licences for the ceie.bration of'inderzes purszr,q,,?zt to
section 6 of the said:
Ordinance, see Gazzette Ph Harch;,18 76.

,.F'or Registrar General's l1'otice of the 15th July, 7889, as to
licensing the LVeSleyanw
Chapel in No. 127, Wellin3ton Street, as a place for the celebration of
marriages'-,
see, G'azettc 20th July.
ORDINANCE No. 14 of 1875.

Marriage

For Registrar General's Notice of the 25th January, 1890, as to licensing
the premises
known as St. Stephen's Church, situate in the upper_floor of the. Church
Mission School
in N'ew Street, as a place for the celebration of marriages, see Gazette
25th January, .T 89 0

Registrar General's -Yotice. (Gazette 11th October, 1890. )
The Marriage Ordinance, 1875.

Notice is hereby given that the following places of public worship have,
in accordance
with section 6 of the said Ordinance, been -licensed by the Governor for
the celebration
of marriages.

1. St. John's Cathedral, Victoria.
2. St. Peter's Church, Victoria.
3. Berlin Foundling House Chapel, 11 Betbesda,' Victoria.
4. Basel Mission Chapel, Victoria.
5. The Church of the Immaculate Conception, Victoria.
6. The Church of St. Francis Xavier, Victoria.
7. St. Paul's College Chapel, Victoria.
8. The To-tsar Chapel, Victoria. .
9. The Wesleyan Chapel in No. 12'l, Wellington Street, Victoria. ,
10. The premises known as St. Stephen's Church, situate in the upper floor of
the ChurehiMission School in New Street, Victoria.
1401
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.
Registrar of marriages and deputies.
1402
The Governor may license places of worship.
Licences to be gazetted.
Notice of intended marriage.
Notices to be filed and copies made by the Registrar General.
1403
Forms of notice to be supplied gratis.
Registrar General may issue certificate.
After notice the Governor may grant a licence.
If marriage of 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.
1404
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.
Appeal to the Supreme Court.
Penalty for false statement.
Marriage in licensed places of worship.
1405
Marriage certificates.
Marriage before the Register General.
1406
Marriages by special licence at other places.
Certificates how filed.
Certificates or certified copies to be evidence.
Correction of errors in certificate.
Invalid marriages.
1407
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.
1408
Remission.
Forms.
Application of Ordinance.
Suspending clause.
Repeal.
1411

1401
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.
Registrar of marriages and deputies.
1402
The Governor may license places of worship.
Licences to be gazetted.
Notice of intended marriage.
Notices to be filed and copies made by the Registrar General.
1403
Forms of notice to be supplied gratis.
Registrar General may issue certificate.
After notice the Governor may grant a licence.
If marriage of 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.
1404
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.
Appeal to the Supreme Court.
Penalty for false statement.
Marriage in licensed places of worship.
1405
Marriage certificates.
Marriage before the Register General.
1406
Marriages by special licence at other places.
Certificates how filed.
Certificates or certified copies to be evidence.
Correction of errors in certificate.
Invalid marriages.
1407
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.
1408
Remission.
Forms.
Application of Ordinance.
Suspending clause.
Repeal.
1411

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No. 14 of 1875

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