MARRIAGE ORDINANCE, 1875

MARRIAGE ORDINANCE, 1875

ORDINANCE NO. 7 OF 1875.

Marriage Ordinance, 1875.

AN ORDIANCE to provide a general register of marriage celebrated
in the colony. [1st march, 1876]
WHEREAS it is expedient that marriages celebrated in the colony
should be systematiclly recorded in one general register:
BE it therefore enacted by the governor of hongkong, with the advice
of the legislative council thereof, as follows:-
1 this ordinance may cited as the marriage ordinance, 1875.
Registrar of Marriages, etc.
2-(1) the registrar general shall be registrar of marriages, and,
to assist him, the governor may appoint one or more depuy registrars,
and such deputies may celebrate marriages, and may exercise all the
other powers and perform all the dutires conferred upon the registrar
general by this ordinance.
(2) all acts done by a deputy shall be as valid as if done by the
registrar general.
3 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.
4 whenever the governor grants or cancels any such licence, the
registrar general shall give public notice thereof in the gazette.
Preliminaries to Marriage.
5-(1) whenever, after the commencement of this ordinance any
persons desire to marry, one of the parties to the inteded marriage
shall give notice thereof to the registrar general in form no. 1 in the
first schedule to this ordinance.
(2) every such notice shall be signed by the party giving the notice.
6-(1) the registrar general shall file every such notice in his
office.
(2) he shall, as heretofore, exhibit one copy of such notice at the
supreme court house, and may, if he thinks fit, exhibit copies in other
conspicous places open to the public, and shall keep every such copy
so exhibited until he issues a certificate as hereinafter mentioned or until
the three months expire.
(3) he shall also enter a copy of the said notice, with the date of
such entry, in a book to be dalled the marriage notice book.

(4) he shall allow any person to inspect such book during office
hours without fee.
7 the registrar general shall supply forms of notice gratuitously to
persons aplying for the same.
8. at any time not more than three months or (except when the
governor grants a licence) less than fifteen days after the giving of such
notice, the registrar general shall, on the request of either of the parties,
issue a certification in the form no.2 in the first schedule to this ordinance.
9 the governor may, at any time after a party has given notice as
aforesaid, grant a licence, in the form no.3 in the first schedule to
this ordinance, authorizing the registrar general to issue his certificate
on or after any day named in such licence.
10 if the marriage does not take place within threee months after
the giveing 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 form no.4 in the first schedule to this ordinance, dispensing
with notice as aforesaid, or with the certificate of the registrar general,
or with both, and authoriziing the celebration of a marriage between the
parties named at a place and at a time specified in the licence.
(2) the governor may, when he sees fit, grant such licence without
payment of any fee, or on payment of such reduced fee as, under the
special circumstances of the case, he may think sufficient.
12 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 authorized to take) that
he or she believes that there is not any impediement of kindred or alliance
or any other lawful hindrance to the marriage, and either that the
consent of the parties requied by law to consent to the marriage has been
obtained or that no such consent is required.
13 if either party to the intended marriage, not being a widower or
a widow, is under twenty-one 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 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.
14 if there is 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 on inquiry the marriage appears
to him to be proper, and such consent shall be as effectual as if the
father or mother or guardian had consented.
15-(1) any person whose consent is requied 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 forbids the issue.
(2) if the issue of any certificate is so forbidden, the notice and
all proceedings thereupon shall be void.
16-(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 general 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 recokoning the time that has
elapsed since the issue was forbidden.
(2) for the purposes of such inquiry of of any inquiry under section
14, the registrar general may administer an oath to any person.
17-(1) if the registrar general considers that the person frbidding
the issue of the certificate is authorized to do so, either of the parties
to the intendeed marriage may appeal by petition to the supremem court,
and the court, or any judge thereof, may hear and dtermine the matter
of the petition in a summary way.
(2) such determination shall be final; and the registrar general
shall proceed in accordance therewith, without reckoning the timethat
has elapsed since the issue was forbidden.
18 every person who-
(1) wilfully makes any false statement in any affidavit as aforesaid;
or
(2) wilfully makes upon oath any false statement or gives any false
answer in any inquiry by the registrar general,
shall, on conviction before the supreme court, be liable to imprisonment,
with or without hard labour, for any term not exceeding two years.
Celebration of Marriage.
19-(1) Marriages may hereafter 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, deomination, or
body, provided that the marriage is celebrated with open doolrs, and
(except in case of a special licence) between the hours of six o'clock in
the morning and the six o'clock in the afternoon, and in the presence of two

or mre witness, besides the officiating minister.
(2) no minister shall celebrate any marriage until the parties deliver
to him the registrar general's certificate or the governor's specila
licence.
20-(1) 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 nor.5 in the first
schedule to this ordinance.
(2) the certificate shall be signed in duplicate by the officiating
minister, by the parties, any by two or more witnesses to the marriage.
(3) the minister shall deliver one certificate to the aprties, immediately
after the marriage, and shall transmit the other to hte registrar
general within seven days thereafter, and the registrar general shall
file the same in his office.
(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 general,
the parties may, if they think fit, contract a marriage before the registrar
general: Provided that, before they are permitted to do so, each of
the parties shall sign a written declaration in the presence of the
registrar general, which he shall witness, in the form no.6 in the
first schedule to this ordinance.
(2) such declaration shall, if necessary, be interpreted to both or
either of the parties in their or his own language in the presence
of the registrar general, and the person interpreting such declaration
shall subscribe his name to it as interpreter.
(3) the marriage shall take place 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'clok in the
forenoon and four o'clock in the afternoon, and in the follwing manner:-
(a) the registrar general shall first address the parties to the following
effect:-
'know ye, A.B. and C.D., that, by the publice 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 teeof by signing your
names to that effect, you become legally married to each other
although no other rite of a civil or religius nature shall take place;
and know ye further that this marriage cannot be dissolved during
your lifetime, 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, you will thereby be guilty
of bigamy, and be liable to the punishment inflicted for that grievous
offence;' and
(b) each of the parties shall then say to the other:-
'I call upon all persons here present to witness that I, A.B., do take
thee, C.D., to be my lawful wife[or husband].'
(4) the registrar general and the parties and witnesses shall thereupon
sign duplicate certificates in the form and manner hereinbefore
prescribed.
(5) the registrar general shall deliver one certificate to the parties
and shall file the other in his office.
22 whenever the governor's special licence authorizes the celebration
of a marriage at a place other than a registered place of worship or
the office of the registrar general, the registrar general, 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 two 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 general within severn days thereafter, and
the registrar general shall file the same in his office.
Registration of Marriages.
23 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 therto.
24 any certificate of marriage filed in the office of the registrar
general, or a copy thereof, provided it purports to be signed and certified
as a true copy by the registrar general and to be sealed or stamped
with his offical seal, shall be admissible as evidence of the marriage to
which the same relates i nany 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.
25 the registrar general may, when authorized by the colonial
secretary to do so, 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 signautre, or by making the
same with his initials, and the date of making the correction.
Marriage Law.
26-(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 acquiesee in its celebration in any place other than the office of
the registrar general or a licensed place of worship(except when authorized
by special licence), or under a false name or names, or without
a certificate of notice or licence duly issued, or by a person not being a
competent minister or the registrar general or his deputy.
(3) but no marriage shall, after celebration, be deemed invalid by
reason that any privison of this ordinance, other than the foregoing,
has not been complied with.
27 all marriages celebrated under this ordinance shall be good and
valid in law to all intents and purposes.
Offences.
28 every person who, knowing that the written consent of the
proper person as herein prescibed has not been obtained, marries, or
assists or procures 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, being convicted thereof before the supreme court,
shall be liable, at the discretion of the court, to imprisonment, with or
without hard labour, for any term not exceeding two years.
29 any minister who-
(1) wilfully celebrates a marriage in the case of a minor, without
such written consent as herein prescribed; or
(2) wilfully celebrates a marriage contrary to any other provision of
this ordiance, or knowing that any provision of this ordinance
shall be guilty of a misdemeanor, and, being convicted thereof before
the supreme court, shall be liable, at the discretion of the court, to
imprisonment for any term not exceeding two years.
30 any minister who, after celebrating a marriage, fails to transmit
the certificate thereof to the registar general within seven days thereafter
shall be liable to a penalty not exceeding fifty dollars.
31 every person who 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.
32 every 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, and, being convicted thereof before the supreme
court, shall be liable, at the discretion of the court, to imprisonment,
with or without hard labour, for any term not exceeding two years.
33 all penalties for offences against this ordinance may be recovered
in a summary way before any magistrae.
Miscellaneous Provisions.
34 the forms in the first schedule to this ordinance may be used
in the cases to which they are applicable, with such alternations as circumstances
may render necessary.
35 the fees specified in the second schedule to this ordinance shall
be paid to the registrar general for the several matters to which they
are applicable, and shall be paid by him into the colonial treasury.
36 the registrar general may, in any case where he is satisfied of
of poverty of the parties, reduce the amount of the said fees or even
remit them altogether.
37 this ordinance shall apply to all marriages where neither of the
parties has an undivorced husband or wife living, except marriages
between persons neither of whom professes the christian religion duly
celebrated according to the personal law and religion of the parties; and
the words 'husband' and 'wife', as used in this section, shall include
persons married according to their personal law and religion.

SCHEDULES.
THE FIRST SCHEDULE.
FORMS.
FORM NO.1
Notice of 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. witness my hand this day of , I .
(signed.)
party giving the notice

FORM NO.2
Registrar General's Certificate.
I, , registrar general of hongkong, do hereby certify
that on the day of , I , 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 , I .
date of certificate given , I .
witness my hand this day of , I .
(signed)
registrar general.

this certificate will be void unless the marriage is solemnized on or before
the day of , I .
this certificate is issued by virtue of the governor's licence date the
day of , I . FORM NO.3
Marriage Licence.
HONGKONG.
The Marriage Ordinance, 1875, section 9.
whereas on the day of , I , 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 marriage ordinance, 1873,
section 12: now, therefore, in pursuance of the said ordinance, i do hereby
authorize the said registrar general to issue the said certificate, at any time
on or after the day of , I , and within three calendar
months of the said day of , I .*
given under my hand this day of , I .
(signed)
governor.
*the date of the notice.

FORM NO.4
Special Licence.
HONGKONG
The Marriage Ordiance, 1875, section 11.
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
prescibed by the marriage ordinance, 1875: now, therfor, 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
authorize any competent person to celebrate marriage between the said A.B.
and C.D. at[place of celebration] on the day of ,
I , between the hours of o'clock in the forenoon and o'clock
in the afternoon.
given under my hand this day , I .
(signed)
governor

FORM NO.5.
Certificate of Marriage.
Hongkong Ordinance No.7 of 1875, sec.20.
Marriage solemnized in the at in hongkon. FORM NO.6.
Declaration.
I, A.B., of do hereby declare that i fully understand that
by publicly taking C.D. as my wife[or husband, as the case may be] in the
presecuce of the registrar general, I shall become legally married and bound
to the said C.D. although no other rite of acivil or religious nature shall take
place, and i also understand that the effect of my publicly taking the said
C.D. as my wife[or husband, as the case may be] as aforesaid is to create
between us a marriage which cannot be dissolved during our joint lives except
by a valid jedgment of divorce, and that if either of us, before the death 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.
date the day of , I .
(signed) A.B.
witness, (Signed) W.X.
registrar general
interpreted to the said A.B. in the language, in the presence
of W.X., registrar general
(signed) Y.Z.,
interpreter.


THE SECOND SCHEDULE.
TABLE OF FEES.
1 notice of marriage................................nil
2 certificate of notice.............................one dollar
3 marriage licence..................................five dollars
4 special licence...................................twenty-five dollars
5 marriage at the office of the Registrar General...two dollars
A.D. 1875. Ordinance NO. 14 of 1875, with Ordinance No. 14 of 1896 incorporated. See also Ordinance No. 13 of 1893. Short title. Registrar of Marriages and Duputy Registrars. Licensing of place of worship. Notification of licence. Giving of notice of intended marriage. First Schedule: Form No.1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms of notice. Issue of certificate. First Schedule: Form No. 2. Grant of licence. First Schedule: Form No. 3. Avoidance of notice if marriage not celebrated within three months. Grant of special licence in case of emergency. First Schedule: Form No. 4. Making of affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Registrar General for parent or guardian. Right to forbid issue of certificate. Power to Registrar General to inquire into right to forbid. Right of appeal against decision of Registrar General. Punishment for false statement upon oath. Celebration of marriage in licensed place of worship. Certificates of marriage. First Schedule: Form No. 5. Marriage before Registrar General. First Schedule: Form No. 6. Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certificated copy thereof. Correction of error in certificate of marriage. Invalid marriages. Validity of marriages under the Ordinance. Marrying, etc., minor without consent of proper person. Offences by minister. Penalty on minister for failing to transmit certificate of marriage. Penalty for removing, etc., notice. Punishment of unauthorized person celebrating marriage. Recovery of penalties. Use of forms. First Schedule. Fees. Second Schedule. Reduction or remission of fees. Application of the Ordinance. Section 31. Section 5. Section 8. Section 9. Section 11. Section 21.

A.D. 1875. Ordinance NO. 14 of 1875, with Ordinance No. 14 of 1896 incorporated. See also Ordinance No. 13 of 1893. Short title. Registrar of Marriages and Duputy Registrars. Licensing of place of worship. Notification of licence. Giving of notice of intended marriage. First Schedule: Form No.1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms of notice. Issue of certificate. First Schedule: Form No. 2. Grant of licence. First Schedule: Form No. 3. Avoidance of notice if marriage not celebrated within three months. Grant of special licence in case of emergency. First Schedule: Form No. 4. Making of affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Registrar General for parent or guardian. Right to forbid issue of certificate. Power to Registrar General to inquire into right to forbid. Right of appeal against decision of Registrar General. Punishment for false statement upon oath. Celebration of marriage in licensed place of worship. Certificates of marriage. First Schedule: Form No. 5. Marriage before Registrar General. First Schedule: Form No. 6. Marriage by special licence at other place. Registration of certificates of marriage. Effect of certificate of marriage or certificated copy thereof. Correction of error in certificate of marriage. Invalid marriages. Validity of marriages under the Ordinance. Marrying, etc., minor without consent of proper person. Offences by minister. Penalty on minister for failing to transmit certificate of marriage. Penalty for removing, etc., notice. Punishment of unauthorized person celebrating marriage. Recovery of penalties. Use of forms. First Schedule. Fees. Second Schedule. Reduction or remission of fees. Application of the Ordinance. Section 31. Section 5. Section 8. Section 9. Section 11. Section 21.

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