MARRIAGE IN ARTICULO MORTIS ORDINANCE, 1893

MARRIAGE IN ARTICULO MORTIS ORDINANCE, 1893

ORDINANCE No. 3 OF 1893.

Marriage in Articulo Mortis

AN ORDINANCE to amend the Marriage Ordinance,1875.
[17th January,1893.]
WHEREAS it is expedient in certain cases to permit marrage in
ar ticulo mortis without previous compliance with certian pre-
liminary requirements of the Marriage Ordinance,1875.:
BE it therefore enacted by teh Governor of Hongkong,with the advice
and consent of the Legislative Council therreof,as follows:-
1.This Ordinance may be cited as the Marriage in Articulo Mortis
Ordinance,1893.
2.-(1.)It shall be lawful for any competent minister to celebrate a
marriage,without the previous delivery to him of the Registrar General's
certificate or the Governor's special licence,in the following special
case,that is to say,where the marriage is between two persons who have
lived together in unlawful concubinage and one of them is in articulo
mortis:Provided as follows:-
(a.)no such marriage shall be celebrated unless both the parties
are able to signify their consent thereto and do so in the
presence of two witnesses; (b.)no such marriage shall be celebrated where either of the
parties is under twenty-one years of age,not being a widower
or widow,unless the person whose consent is requireed is present
and gives his or her consent verbally;
(c.)no such marriage shall be valid which would be null and void,
on the ground of kindred or affinity,in England;and
(d.)the minister celebrating any such marriage shall,within
seven days from the celebration thereof,forward to the Registrar
General a certificate in the form in the Schedule to this Ordinance.
The certificate shall be signed by the minister ,and,where
practicable,by the persons so married,and by the witnesses to
the marriage,and,if either of the parties is unable to sign,the
minister shall certify accordingly.The Registrar General shall
file the certificate in his Office.
(2.)No marriage celebrated under the provisions of this Ordinance
shall be valid unless the foregoing conditions are observed.
3.No marriage in articulo mortis shall revoke any will or codicil pre-
viously made by either of the parties to such marriage,but such will or
codicil shall have the same validity as if such marriage had not taken
place.
4.-(1.)Every person who-
(1.)knowingly celebrates any marriage in purported pursuance of this
Ordinance contrary to or not in accordance with any provision
thereof;or,
(2.)not being legally competent,celebrates any marriage under this
Ordinance,
shall be guilty of a misdemeanor and,on conviction thereof before the
Supreme Court,shall be liable to imprisonment,with or without hard
labour,for any term not exceeding two years.
(2.)Any minister who,after celebrating any marriage under this
Ordinance,fails to transmit the certificate thereof in accordance with
the provisions of section 2 (1.)(d.)shall,on summary conviction before
a Magistrate,be liable to a penalty not exceeding fifty dollars. ORDINANCES OF HONG KONG
VOL.II
1891-1901
P.99 A.D. 1893. Ordinance No. 3 of 1893. No. 7 of 1875. Short title. Cases in which marriage in articulo mortis may be celebrated and conditions of its celebration. Schedule. Saving as to testamentary disposition made before marriage. Offences.

A.D. 1893. Ordinance No. 3 of 1893. No. 7 of 1875. Short title. Cases in which marriage in articulo mortis may be celebrated and conditions of its celebration. Schedule. Saving as to testamentary disposition made before marriage. Offences.

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