BIRTHS AND DEATHS REGISTRATION ORDINANCE, 1896
Title
BIRTHS AND DEATHS REGISTRATION ORDINANCE, 1896
Description
ORDINANCE No. 7 OF 1896.
Births and Deaths Registration
AN ORDINANCE to consolidate and amend the Law relating
to the Registration of Births and Dealths.
[11th August,1896.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Births and Dealths Registration
Ordinance,1896.
2.In this Ordinance,unless the context otherwise requires,-
'House' includes any building,structure,ship,steamer,boat,or
craft:
'Public Institution' includes a prison,lock up,reformatory,work-
house,lunatic asylum,and hospital:
'Occupier' includes the governor,keeper,master,manager,direc-
tor,matron,superintendent,or other chief resident officer in this
Colony of every convent or public or charitable or religious institu-
tion,and,where a house is let or sublet in separate floors or rooms
or compartments,includes any person residing in such house who
either receives or pays rent for such separate floors or rooms or com-
partments.In cases where a whole house is occupied by any person,
without being let or sublet as aforesaid,such person shall,whether
he is the owner or not,be deemed to be the 'occupier' within the
meaning of this Ordinance. 3.-(1.)The office of the Registrar General shall be 'The General
Register Office' for keeping a register of all births and deaths of the
inhabitants of the Colony,and the Registrar General shal be the Chief
Registrar of all such births and deaths.
(2.)Any act which the Registrar General is authoried or required to
do under this Ordinance may be done by the Assistant Registrar General
or by any other officer in the Registrar General's Department specially
appointed in writing for that purpose by the Registrar General.
4.-(1.)District registers of births and deaths for Chinese shall be
kept at such Police Stations in the City of Victoria and at such other
stations in the villages which have been already or may be hereafter
declared by the Governor to the register officers,and the Inspector,
sergeant,or other Police officer for the time being in charge of such
station shall be a registrar of all births and deaths of Chinese occurring
within the district,place,or village where such Police Station is
situate.
(2.)Every Chinese required by this Ordinance to give information
concerning a birth or a death shall give the information to the registrar
of the district in which the brith or death took place,subject ,in the case
of a birth,to the provisions of seciton 10(3.).
5.All registers of the births and deaths of the Chinese population of
the Colony shall be kept in both the English and Chinese languages.
6.-(1.)The Registrar General shall cause to be printed on account of
the said Register Office a sufficient number of register books for making
entries of all births and deaths of the inhabitants of the Colony accord-
ing to the Forms Nos.1 and 2 in the Schedule to this Ordinance.
(2.)The said register books shall be of durable materials,and in them
shall be printed,upon each side of every leaf,the heads of information
herein required to be known and registered of births and deaths
respectively;and every page of each such book shall be numbered pro-
hressively from the behinning to the end,beginning with number one;
and every place of entry shall be also numbered progressively from the
beginning to the end of the book beginning with number one;and
every entry shall be divided from the following entry by a printed
line.
7.The Registrar General shall cause himself to be provided with,and
shall furnish to every registrar,a sufficient number of register books of
births and of register books of deaths;and the Registrar General and
every registrar shall be authorized,and is hereby required ,to inform
himself carefully of every birth and every death which may happens
within his district or districts,or place or village,after this Ordinance
as come into operation,and to learn and register,as soon after the event
conveniently may be done,without fee or reward ,save as hereinafter
mentioned,in one of the said books,the particulars required to be re-
ordered according to the said forms respectively touching every such
or every such death,as the case may be,which has not been
already registered,every such entry being made in order from the be-
ginning to the end of the book.
8.-(1.)In case any living new-born child is found exposed,it shall
be the duty of any person finding such child,and of any person in whose
charge such child may be placed,to report such finding to the Registrar
General or a registrar,and to give,to the best of his knowledge and belief,
the Registrar General or registrar,within seven days after the finding
of such child ,such informaiton of the particulars requried to be regis-
tered concerning the birth of such child as the informant possesses,and,
as the presence of the Registrar General or registrar,to sign the register.
(2.)In case any living new-born child is brought to and admitted
into any convent or public or charitable or religious institution,it shall
be the duty of the person admitting such child,or having charge of the
convent or institution to which such child is admitted,to ascertain,at
the time of admission,from the person bringing such child for admission,
such information of the particulars required to be registered concerning
the birth of such child as can be elicited,and if after admission,to give to the
Registrar General or registrar such information.
9.The father of every child born alive in the Colony after the
commencement of this Ordinance,or,in case of the death,illness,
absence,or inability of the father,the mother of such child,or,in case
of the death,illness,absence,or inability of the father and mother,the
occupier of the house in which child has been born,or any person
present at the birth,shall,within forty-two days after the day of person
birth,give information to the Registrar General or the registrar of
the district or place within which such birth may have occurred,accord-
ing to the best of his or her knowledge and belief,of the several
particulars hereby required to be known or registered,and shall,in the
presence of the Registrar General or registrar,sign the register.
10.-(1.)In every case where the information required by this
Ordinance is given to the Registrar General or any registrar within
forty-two days of the birth of any child,exclusive of the day of birth,
no fee shall be required or paid for registering the said birth;but when
such information is given after the expiration of the said forty-two days
and within twelve months after the said birth,exclusive of the day of birth,a fee of one dollar shall be required of and paid by the person
who,by virtue of this Ordinance,is charged with the duty of giving
information concerning such birth.If no such information as aforesaid
is given within three months after the said birth,the person charged
with the duty of giving such information shall,on summary conviction
before a Police Magistrate,be liable to a penalty not exceeding twenty-
five dollars and,in default of payment thereof,to imprisonment,with or
without hard labour,for any term not exceeding one month.After the
expiration of twelve months next after the birth of any child,that birth
shall not be registered except with the consent of the Registrar General,
and the fact of suchy consent having been given shall be entered in the
register.A fee of five dollars shall be paid to the Registrar General in
the case of the registration of the birth of a child after the expiration of
twelve months next after the birth of such child.
(2.)In the case of an illegitimate child,no person shall,as father of
such child,be required to give information under this Ordinance con-
cerning the birth of such child,and the Registrar General or registrar
shall not enter in the register the name of any person as father of such
child,except at the joint request of the mother and of the person acknow-
ledging himself to be the father of such child,and such perosn shall in
such case sign the register together with the mother.For the purposes
of this Ordinance every child,and such Chinese male shall be deemed to
be a legitimate child,and such Chinese male shall be deemed to be the
father of such child.
(3.)Any person required by this Ordinance to give information con-
cerning a birth who removes,before such birth is registered,out of the
district in which such birth has taken place may,within forty-two days
after such birth,give the required information to the Registrar General
or to the registrar of the district in which he resides,and shall,at the
time of giving such information,sign the register in the presence of the
Registrar General.
11.-(1.)When the birth of any child has been registered and the
name,if any,by which it was registered is altered,or,if it was registered
without a name,when a name is given to it,the parent or guardian of
such child,or other oerson procuring such name to be altered or given,
may,within twelve months next after the registration of the birth,make
a declaration to the Forms Nos. 3 and 4 in the Schedule to this Ordinance,
whereupon the Registrar General or registrar shall,without any erasure
of the previous entry,forthwith enter in the register book the name
mentioned in the declaration aforesaid,and shall,on the application of
the said parent or guardian or other person procuring such name to be altered or given,forwith deliver to such parent,guardian,or other
person as aforesaid a certificate according to the Forms Nos.5 and 6
in the Schedule to this Ordinance,for which a fee of one dollar shall be
charged.
(2.)No such alteration or addition as that mentioned in this section
shall be made after the expiration of tweelve months from the date of the
registration of the birth,except on payment to the Registrar General or
registrar of a fee of two dollars:Provided that whenever it is shown,
to the satisfaction of the Registrar General,that,owing to absence from
the Colony or other reasonable cause,the parent,guardian,or other
person procuring such name to be altered or given is unable to attend
personally before the Registrar General to make a declaration in writing
in accordance with this section,the Registrar General may,in his
discretion,accept in lieu thereof a declaration in writing made before
any person competent to take statutiry declarations or may accept such
other evidence as he may in the circumstances deem sufficient,and may
thereupon act in all respects as if a declaration in writing had been made
before him personally.
12.-(1.)When a person dies in a house after the commencement of
this Ordinance,it shall be the duty of the nearest relatives of the
deceased present at the death or in attendance during the last illness of
the deceased,and,in default of such relatives,of each person present at
the death or in attendance during the last illness,and of any occupoer
of the house in which,to his knowledge,the death took place,and,in
default of the persons hereinbefore in this section mentioned,of each
inmate of such house,and of the person causing the body of the deceased
to be buried,to give,to the best of his knowledge and belief,to the
Registrar General or registrar,within the forty-eight hours(in which
Sundays and Government holidays shall not be included) next following
the time of such death,informaiton of the particulars required to be
registered concerning such death,and,in the presence of the Registrar
General or registrar,to sign the register.
(2.)When a person dies in a place which is not a house,or a dead
body is found elsewhere than in a house,it shall be the duty of every
relative of the deceased,having knowledge of any of the particulars
required to be registered concerning the death,and,in default of
such relative,of every person present at the death,and of any person
finding and of any person taking charge of the body,and of the person
causing the body to be buried,to give to the Magistrate discharging the
duties of Coroner,within the forty-eight hours (in which Sundays and
Government holidays shall not be included)next after the death or the
finding,such information of the particulars required to be registered concerning the death as the informant possesses,and such particulars
shall be forthwith forwarded by the said Magistrate to the Registrar
General,who shall duly register the same.
(3.)After the expiration of twelve months next after any death or
after the finding of any dead body elsewhere than in a house,that death
shall not be registered,except with the consent of the Registrar General
and the fact of such consent having been given shall be entered in the
register.A fee of five dollars shall be paid to the Registrar General in
the case of the registration of the death of any person after the expiraiton
of twelve months next after any such death or after the finding of
any dead body elsewhere than in a house.
(4.)Where an inquest is held on any dead body,any Magistrate dis-
charging the duties of Corner shall inquire of the particulars required
to be registered concerning the death,and such Magistrate shall send to
the Registrar General,within seven days next after the termination of
the inquest,a certificate under his hand giving information concerning
the death and specifying the said particulars,the cause of death,and the
time and place at which the inquest was held,and the Registrar General
shall,in the prescribed form and manner,enter the death and particulars
in the register.Where an inquest is held on any dead body,no person
shall,with respect to such dead body or death,be subject to any penalty
for failing to give information in pursuance of any other provision of
this Ordinance.
13.-(1.)No person,unless acting under the written sanction or
direction of the Secretary of the Sanitary Board,shall remove,or assist
or attempt to remove,or procure the removal of,or bury any dead
body until a certificate of death under the next succeeding section has
been issued,or an order to bury has been obtained from any Magistrate
discharging the duties of Corner: Provided always that where inter-
ment is urgent and it is not possible to promtly procure the issue
of such a certificate or order,it shall be the duty of any person who
may desire to remove or bury a dead body to report his desire at the
nearest Police Station,when the Inspector or other officer in charge
shall issue forthwith a removal permit according to the Form No.7 in the
Schedule to this Ordinance.The issue of the aforesaid removal permit
shall be forthwith reported to the Registrar General by the issuing
officer,and shall not exonerate the persons required by this Ordinance
to give information respecting the death of any person from giving the
information required.
(2.)No person,unless acting the written sanction or direction
of the Secretary of the Sanitary Board,shall remove,or assist or
attempt to remove,or procure the removal of a dead body from the Colony until he has obtained from the Registrar General or a
register a certificate according to the Form No.8 in the Schedule to
this Ordinance.
14.-(1.)The Registrar General or a registrar,immediately on
registering any death or as soon theeafter as he may be requireed to
do so,shall ,without fee or reward,deliver,either to the person giving
information concerning the death or to the undertaker or other person
having charge of the funeral,a certificate under his hand,according to
the Form No.9 in the Schedule to this Ordinance,that such death has
been duly registered,and such certificate shall be delivered by such
undertaker or other person to the minister or officiating person,if any,
who may be required to perform any religious service for the burial of
the dead body:Provided always that any Magistrate discharging the
duties of Corner may order any body to be buried,if he thinks fit,
before registration of the death,and shall in such case give a certificate of
his order in writing under his hand,according to the Form No.10 in
the Schedule to this Ordinance,to the relative of the deceased or other
person who causes the body to be buried or to such undertaker or other
person having charge of the funeral,and such certificate shall be
delivered by the recipient to such minister or officiating person as
aforesaid.
(2.)Any person who performs any funeral or religious service for
the burial of any dead body without receiving either a certificate duly
made and delivered as aforesaid by the Registrar General,registrar,or
Magistrate,or a paper containing the written sanction or direction to
bury of the Secretary of the Sanitary Board,or a permit to bury by an
Inspector or other officer in charge of a Police Station,shall,on
summary conviction before a Police Magistrate,be liable to a penalty
not exceeding fifty dollars and,in default of payment thereof,to
imprisonment ,with or without hard labour,for any term not exceeding
two months.
15.A person shall not wilfully bury or procure to be buried the body
of any deceased child as if it were still-born.No person shall bury or
procure to be buried any still-born child,unless there is delivered to him
either-
(1.)a written certificate,according to the Form No.11 in the
Schedule to this Ordinance,that such child was not born alive,
signed by a registered medical practitioner who was in attendance
at the birth or has examined the body of such child;or
(2.)a declaration,according to the Form No.12 in the Schedule to this
Ordinance,signed by some person who would,if the child had been
born alive,have been required by this Ordinance to give information
concerning the birth,to the effect that no registered medical
practitioner was present at the birth,or that his certificate cannot
be obtained,or that the child was not born alive;or
(3.)an order of any Magistrate discharging the duties of Corner.
16.Where there is in the coffin in which any deceased person is
brought for burial the body of any other deceased person or the body
of any still-born child,the undertaker or other person who has charge
of the funeral shall deliver to the person who buries or performs any
funeral or religious service for the burial of such body or bodies notice
in writing,signed by such undertaker or other person,and stating ,to
the best of his knowledge and belief,with respect to each such body the
following praticulars,according to the Forms Nos. 13,14,and 15 in the
Schedule to this Ordinance:-
(1.)if the body is the body of a deceased person,the name,sex ,and
place of abode of the said deceased person;
(2.)if the body has been found exposed,and the name and place of
abode are unknown,the fact of the body having been so found and
of the said praticulars being unknown;and,
(3.)if the body is that of a deceased child without a name or a
still-born child,the name and place of abode of the father,or,if it
is illegitimate,of the mother,of such child.
17.With respect to certificates of the cause of death,the following
provisions shall have effect:-
(1.)the Registrar General shall,on the application in writing of a
registered medical practitioner,furnish such practitioner with a
book of printed forms of certificates of death,according to the
Form No.16 in the Schedule to this Ordinance;
(2.)in case of the death of any person who has been attended during
his last illness by a registered medical practitioner,that practitioner
shall forthwith sign and give to some person required by this
Ordinance to give information concerning the death a certificate,
in the form prescribed by this section,stating,to the best of his
knowledge and belief,the cause of death,and such person shall,on
giving information concerning the death,deliver that certificate to
the Registrar General or a registrar;and the cause of death as
stated in that certificate shall be entered in the register;
(3.)where an inquest is held on the body of any deceased person,a
medical certificate of the cause of death need not be given to the
Registrar General or registrar,but the certificate of the finding
furnished by any Magistrate discharging the duties of Corner shall
be sufficient;
(4.)for the purpose of securing uniformity in the death returns,the cause of death certified to by any registered medical practitioner,or
by any medical officer in any branch of Her Majesty's Service,or
by any Magistrate discharging the duties of Corner shall,so far
as possible,be described in strict accordance with the nomenclature
of diseases of the Royal College of Physicians of London.If in
any certificate the cause of death is not described in the terms of
the said nomenclature,it shall be lawful for the Registrar General or
a registrar,in his discretion,to refuse to register the cause of death
as thus certified,and to proceed in the manner provided by the
next succeeding sub-section in any case in which the Registrar
General or a registrar is not satisfied that the reported cause of
death is the true cause;and
(5.)in case of the death of any person who has not been attended
during his last illness by any registered medical practitioner,it
shall be the duty of the Registrar General or registrar,to whom
information concerning the death is given,to satisfy himself that the
cause of death stated by the person giving the information is the
true cause,and,in every case in which he is not satisfied in this
regard,it shall be his duty to communicate the particulars of the
information received to the Colonial Surgeon or to some other
medical officer appointed by the Governor for that purpose,who
shall institure or cause to be instituted immediate inquiries with a
view to ascertaining the true cause of death,and shall as soon
as possible report the result to the Registrar General or a re-
gistrar.
18.-(1.)In the months of January,April,July,and October,on such
days as may from time to time be appointed by the Registrar General,
every registrar shall make and send to the Registrar General,on durable
materials,a true copy,certified by him under his hand,of all the entries
of births and deaths in the register books kept by him since the last
certificate,and the Registrar General shall verify the same,and,if found
to be correct,shall certify the same under his hand to be a true copy,
and if there has been no birth or death registered since the delivery of
the last certificate,the registrar shall certify the fact,and such certificate
shall be delivered to the Registrar General as aforesaid,and counter-
signed by him.
(2.)Each registrar shall keep safely such register books as may be
placed under his control,until each of the said register books is filled,
and shall then deliver it to the Registrar General,to be kept by him with
the records of his office.
19.The Registrar General and every registrar who has the keeping
for the time being of any register book of births or deaths shall,during
recognized office hours,allow searches to be made of any register book
in his keeping;and the Registrar General shall give a copy,certified
under his hand,of any entry or entries in the same on payment of the
fees hereinafter mentioned,that is to say,for every search extending
over a period not less than one year additional year,and the sum of one dollar
for every single certificate.
20.-(1.)The Registrar General shall cause indexes of the register
books in his office to be made and kept with the order records of his
office;and every person shall be entitled ,during recognized office hours,
to search the said indexes and to have a certified copy of any entry or
entries in the said register books under the hand of the Registrar
General on payment of the fees hereinafter mentioned,that is to say,
for every general search the sum of two dollars,and for every particular
search the sum of fifty cents,and for every such certified copy the sum
of one dollar.
(2.)In this section the term 'general search' means a search during
any number of successive hours not exceeding six,without stating the
object of the search;and the term 'particular search' means a search
over any period not exceeding five years for any given entry.
21.The Registrar General shall cause to be made a seal of the
General Register Office,and shall cause to be sealed or stamped there-
with all certified copies of entries given in the said office;and every
certified copy of an entry purporting to be sealed or stamped with the
seal of the said office shall be received as evidence of the birth or death
to which the same relates,without any further or other proof of such
entry;and no certified copy purporting to be given in the said office
shall be of any force or effect which is not seales or stamped as
aforesaid.
22.Every sum received under the provisions of this Ordinance by
or on account of the Registrar General shall be accounted for by or
to him and paid by him into the Colonial Treasury.
23.Every person who wilfully makes or causes to be made,for the
purpose of being inserted in any register of births or deaths ,any false
statement touching any of the particulars herein required to be known
and registered shall be subject to the same pains and penalties as if
he had been guilty of perjury.
24.Every person who,-
(1.)being charged with the duty of registering births or deaths,
refuses or,without reasonable cause,omits to register any birth or
death of which he has had due notice as aforesaid;or, (2.)having the custody of any register book or certified copies
thereof,or of any part thereof,carelessly loses or injures the same,
or carelessly allows the same to be injured whilst in his keeping,
shall,on summary conviction before a Police Magistrate,be liable to
a penalty not exceeding two hundred dollars and,in default of payment
thereof,to imprisonment,with or without hard labour,for any term not
exceeding six months.
25.Every person who-
(1.)wilfully destroys or injures,or causes to be destroyed or injured,
any such register book or any part or certified copy of any part
thereof;or
(2.)falsely makes or counterfeits,or causes to be falsely made or
counterfeited,any part of any such register book or certified copy
thereof;or
(3.)wilfully inserts or causes to be inserted in any register book,or
certified copy thereof,any false entry of any birth or death;or
(4.)wilfully gives any false certificate;or
(5.)certifies any writing to be a copy or extract of any register book,
knowing the same register to be false in any part thereof;or
(6.)forges or counterfeits the seal of the General Register Office,
shall be guilty of felony,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment,with or without hard labour,
for any term not exceeding two years.
26.The Registrar General,when and as required by the Sanitary
Board,shall transmit a return ,certified under his hand to be a true
return ,of such of the particulars registered by him or by any registrar
concerning any death or deaths as may from time to time be specified
in writing by the said Board;and the said Board may supply a form of
the presrcibed character for the purpose of the return,and in that case
the return shall be made in the form so supplied.
27.With regard to the correction of errors in registers of births or
deaths,the following provisions shall have effect:-
(1.)no alteration in any such register shall be made except as
authorized by this Ordinance;
(2.)any clerical error which may from time to time be discovered in
any such register shall,as soon as possibole after being discovered,
be corrected by the Registrar General or registrar,who shall place
his initials in the margin opposite the entry in which such error has
been discovered;
(3.)an error of fact or substance in any such register may be cor-
rected by entry in the margin (without any alteration of the original entry)by the Registrar General ,on payment of the fee of one dollar
and on production to him by the person requiring such error to be
corrected of a declaration,according to the Form No.17 in the
Schedule to this Ordinance,setting forth the nature of the error
and the true facts of the case,and made by two persons required
by this Ordinance to give information concerning the birth or death
with reference to which the error has been made,or,in default of
such persons,then by two credible persons having knoeledge of the
truth of the case,and the Registrar General shall initial such
marginal entry and shall add thereto the day and month and year
when such correction is made;and
(4.)where an error of fact or substance (other than an error relating
to the cause of death) occurs in the information given by the certi-
ficate of a Magistrate discharging the duties of Corner concerning
a dead body upon which he has held an inquest,such Magistrate,
if satisfied by evidence upon oath or statutory declaration that such
error exists,may certify under his hand to the Registrar General
the nature of the error and the true facts of the case as ascertained
by him on such evidence,and the error may thereupon be corrected
by the Registrar General in the register by entering in the margin
(without any alteration of the original entry) the facts as so certified
by such Magistrate,and the Registrar General shall initial such
marginal entry and shall add thereto the day and month and year
when such correction is made.
28.Except where otherwise specially provided for by this Ordinance,
every person who commits any breach or infringement of any of the
provisions contained in this Ordinance or in any regulation made there-
under,or fails to perform any duty imposed upon him by this Ordinance
or by any such regulation,shall,on summary conviction before a Police
Magistrate,be liable to a penalty not exceeding two hundred dollars
and,in default of payment thereof,to imprisonment,with or without
hard labour,for any term not exceeding six months.
29.It shall be lawful for the Governor-in-Council to make,and,when
made,to revoke,alter,or add to,such regulations as may be found
necessary or desirable for the due carrying into effect of the provisions
of this Ordinance,and from time to time to revoke,alter,or add to the
forms in the Schedule to this Ordinance. ORDINANCES OF HONGKONG
VOL .II
1891-1901
P.265 FORM No.3.
Declaration of True Name of Child.
I,A.B.,parent [or guardian]of the child of one C.D., whose birth was
registered on the day of ,1, do solemnly and sincerely
declare that the name by which such child was registered was wrong,and
that the right name is to which I desire to alter the name by
which the said child was originally registered.
Dated the day of 1,.
(Signed.)
A.B.,
Parent [or Guardian]
Before me,
(Signed.)
Registrat.
Fee $2,if alteration made after 12 months after date of registration;otherwise fee $1
FORM No.4.
Declaration of Name of Child.
I,A.B., parent[or guardian] of the child of one C.D., whose birth was
registered on the day of ,1, do solemnly and sincerely
declare that the said child has received the names of and
desire that these names shall be added to the register.
Dated the day of ,1.
(Signed.)
A.B.,
Parent [or Guardian].
Before me,
(Signed.)
Registrar.
Fee $2,if addition made after 12 months after date of registration;otherwise fee $1
FORM No.5.
Certificate of Registration of Alteration of Name of Child.
I,A.B., Registrar of Births and Deaths in the District of,
do hereby certify that the name [or names] of by which
a child of one C.D. was registered on the day of ,1,
has [or have] been altered to,and that such alteration
has been entered in the register book.
Dated the day of ,1.
(Signed.)
A.B.,
Registrar.
Fee $1 or $2.
FORM No.6.
Certificate of Registration of Name of Child.
I,A.B., Registrar of Births and Deaths in the District of,
do hereby certify that the name[or names] of has [or have]
been given to the child of one C.D. whose birth was registered on the
day of ,1, and that such name or names has [or have]
been entered in the register book.
Dated the day of ,1.
(Signed.)
A.B.,
Registrar.
Fee $1 or $2.
FORM No.7.
Permit for Removal of Dead Body.
Permission is hereby given to of to remove and
bury the dead body of one called from the floor of
No. to
Dated the day of ,1.
(Signed.)
Officer in Charge,
No. Police Station.
FORM No.8.
Permit for Removal of Dead Body from the Colony.
Permission is hereby given to of to remove
from the Colony the dead body of one called
Dated the day of ,1.
(Signed.)
A.B.,
Registrar.
FORM No.9.
Certificate of Registration of Death.
I,A.B., Registrar of Births and Deaths in the District of,
do hereby certify that the death of has been duly registered
by me on the day of ,1.
Dated the day of ,1.
(Signed.)
A.B.,
Registrar. FORM No.10.
Order for Burial of Body.
I,A.B., Magistrate appointed to dischange the duties of Coroner for the
Colony of Hongkong,do hereby order the burial of the body now shown or
reported to me as the body of
Dated the day of ,1.
(Signed.)
A.B.,
Magisterial Coroner.
FORM No.11.
Certificate of Still Birth.
I,A.B., registered medical practitioner in the Colony of Hongkong,hereby
certify that I was attendance at the birth of the child of Mrs.C.D. [or
have examined the body of the child of Mrs.C.D.] and that such child was
not born alive.
Dated the day of ,1.
(Signed.)
A.B.,
Registered Medical Practitioner.
FORM No.12.
Declaration as to Still Birth.
I,A.B., do solemnly and sincerely declare that no registered medical
practitioner was present at the birth of the child of Mrs.C.D. which occurred
on the day of 1, [or that Mr. E.F.,registered
medical practitioner,was present at the birth of the child of Mrs.C.D. which
occurred on the day of 1, but that his certificate
according to the Form No.11 in the Schedule to the Births and Deaths
Registration Ordinance,1896,cannot be obtained,or that the child of Mrs.
C.D. which was born on the day of 1, was not
born alive].
Dated the day of ,1.
(Signed.)
A.B.,
Legal Informant.
Before me,
(Signed.)
Justice of the Peace. FORM No. 13.
Notice where Coffin contains more than one Body.
I,A.B., hereby give you notice that in the coffin in which C.D. is brought
for burial there is the body of E.F., a male [or female] lately residing at
No.
Dated the day of ,1.
(Signed.)
A.B.,
Undertaker [or Person in Charge
of Funeral.]
Before me,
(Signed.)
Justice of the Peace.
FORM No. 14.
Notice where Coffin contains more than one Body.
I,A.B., hereby give you notice that in the coffin in which C.D. is brought
for burial there is a body which has been found exposed,and that the name
and place of abode of the person whose body has been found are unknown.
Dated the day of ,1.
(Signed.)
A.B.,
Undertaker [or Person in Charge
of Funeral.]
Before me ,
(Signed.)
Justice of Peace.
FORM No. 15.
Notice where Coffin contains more than one Body.
I,A.B., hereby give you notice that in the coffin in which C.D. is brought
for burial there is the body of a deceased child,name unknown [or of a still-
born child] and the name and place of abode of the father [or mother] of such
child are and No.
Dated the day of ,1.
(Signed.)
A.B.,
Undertaker [or Person in Charge
of Funeral.]
Before me,
(Signed.)
Justice of the Peace. ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.270 NOTICE
(to be indorsed on the back of the Certificate).
By Section 17 of the Births and Deaths Registration Ordinance,1896, it
is enacted that whenever a Registered Medical Practitioner has been in
attendance during the last illness of a deceased person,such Practitioner shall
sign and give to a qualified Informant of the Death a Certificate of the
Cause of Death.The Informant is bound to deliver the Certificate to the
Registrar General or a Registrar of Deaths.
Persons qualified to be Informants for the Registration of the Death and to
whom only this Certificate should be given.
1.A RELATIVE of the Deceased,present at the death.
2.A RELATIVE of the Deceased,in attendance during the last illness.
3.A person 'present at the death.'
4.A person in attendance during the last illness.
5.The 'Occupier' of the House in which the death occurred.
6.An 'Inmate' of the House in which the Death occurred.
7.The person 'who caused the body to be buried.'
Penalty for failing to give information within the 48 hours (in which Sundays and
Government Holidays shall not be included)next following death is $200.
Informants must be prepared to state accurately ot the Registrar General or a Registrar the
following particulars:-
(1.)The date and place of Death;
(2.)The full names and surname of Deceased;
(3.)The correct age of Deceased;and
(4.)The rank,profession,or occupation of Deceased.[If Deceased is a child or an
unmarried person without occupation or property,the full names and rank or progession
of the father will be required(except in the case of illegitimate children);if a wife or
widow,those of the husband or deceased husband.]
FORM No.17.
Declaration for Correction of Error in Register.
We,A.B. and C.D., hereby solemnly and sincerely declare that when the
birth [or death] of E.F. was registered on the day of
I,the following errors of fact or substance occurred in the register,
viz.[here set forth the error or errors].
And we further solemnly and sincerely declare that the true facts of the
case are as follows:-[here set forth the true facts].
Dated the day of ,1.
(Signed.)
A.B.
C.D.
Before me,
(Signed.)
Justice of Peace. A.D. 1896. Ordinance No. 16 of 1896, with Ordinance No. 20 of 1898 incorporated. Short title. Interpretation of terms. 37 & 38 Vict.c. 88 s. 48. Ib. Registrar General to be Chief Registrar of births and deaths. Establishment of district registers at certain places. Language of certain registers. Keeping and form of register book. Schedule: Form Nos. 1 and 2. Duty of Registrar General and registrar to register births and deaths. Information respecting living new-born child to be given to registrar. 37 & 38 Vict.c. 88 s. 3. Duty of parent or occupier to register birth within 42 days. Ib.s.1. Registration of birth after expiration of 42 days. 37 & 38 Vict.c. 88 s. 7. Ib.s.6. Registration of name of child or of alteration of name. Ib.s.8. Schedule Forms Nos. 3 and 4. Forms Nos. 5 and 6. Information of death to be given in various cases to Registrar General or registrar, etc. 37 & 38 Vict.c. 88 s. 10. Ib.s.11. 37 & 38 Vict.c. 88 s. 15. Ib.s.16. Restrictions on removal of dead body. Schedule: Form No. 7 ; Forms No. 8. Issue of certificate of registration of death or of certificate of order for burial. Schedule: Form No. 9; Form No. 10. Burial of deceased child as still-born. 37 & 38 Vict.c. 88 s. 18. Schedule: Form No. 11; Form No. 12. Notice where coffin contains more than one body. 37 & 38 Vict.c. 88 s. 19. Schedule: Form Nos. 13-15. Provisions as to certificates of cause of death. Ib.s.20 Schedule: Form No. 16. Sending to Registrar General of certified copies of district registers of births and deaths and of register books, when filled. Allowing of searches and giving of certificates, and fees therefor. Making of indexes and search thereof. 37 & 38 Vict.c. 88 s. 42. Sealing of certified copies given at General Register Office. Accounting for fees. Punishment for giving false information. Penalty for not duly registering births and deaths. Punishment for destroying or falsifying register book. Return by Registrar General to Sanitary Board. 37 & 38 Vict.c. 88 s. 28. Correction of error in register. Ib.s.36. Schedule: Form No. 17. Punishment for infringement of the Ordinance or of regulations. Making of regulations, etc. Section 6. Section 6. Section 11. Section 11. Section 11. Section 11. Section 13. Section 13. Section 14. Section 14. Section 15. Section 15. Section 16. Section 16. Section 16. Section 27.
Births and Deaths Registration
AN ORDINANCE to consolidate and amend the Law relating
to the Registration of Births and Dealths.
[11th August,1896.]
BE it enacted by the Governor of Hongkong,with the advice and
consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Births and Dealths Registration
Ordinance,1896.
2.In this Ordinance,unless the context otherwise requires,-
'House' includes any building,structure,ship,steamer,boat,or
craft:
'Public Institution' includes a prison,lock up,reformatory,work-
house,lunatic asylum,and hospital:
'Occupier' includes the governor,keeper,master,manager,direc-
tor,matron,superintendent,or other chief resident officer in this
Colony of every convent or public or charitable or religious institu-
tion,and,where a house is let or sublet in separate floors or rooms
or compartments,includes any person residing in such house who
either receives or pays rent for such separate floors or rooms or com-
partments.In cases where a whole house is occupied by any person,
without being let or sublet as aforesaid,such person shall,whether
he is the owner or not,be deemed to be the 'occupier' within the
meaning of this Ordinance. 3.-(1.)The office of the Registrar General shall be 'The General
Register Office' for keeping a register of all births and deaths of the
inhabitants of the Colony,and the Registrar General shal be the Chief
Registrar of all such births and deaths.
(2.)Any act which the Registrar General is authoried or required to
do under this Ordinance may be done by the Assistant Registrar General
or by any other officer in the Registrar General's Department specially
appointed in writing for that purpose by the Registrar General.
4.-(1.)District registers of births and deaths for Chinese shall be
kept at such Police Stations in the City of Victoria and at such other
stations in the villages which have been already or may be hereafter
declared by the Governor to the register officers,and the Inspector,
sergeant,or other Police officer for the time being in charge of such
station shall be a registrar of all births and deaths of Chinese occurring
within the district,place,or village where such Police Station is
situate.
(2.)Every Chinese required by this Ordinance to give information
concerning a birth or a death shall give the information to the registrar
of the district in which the brith or death took place,subject ,in the case
of a birth,to the provisions of seciton 10(3.).
5.All registers of the births and deaths of the Chinese population of
the Colony shall be kept in both the English and Chinese languages.
6.-(1.)The Registrar General shall cause to be printed on account of
the said Register Office a sufficient number of register books for making
entries of all births and deaths of the inhabitants of the Colony accord-
ing to the Forms Nos.1 and 2 in the Schedule to this Ordinance.
(2.)The said register books shall be of durable materials,and in them
shall be printed,upon each side of every leaf,the heads of information
herein required to be known and registered of births and deaths
respectively;and every page of each such book shall be numbered pro-
hressively from the behinning to the end,beginning with number one;
and every place of entry shall be also numbered progressively from the
beginning to the end of the book beginning with number one;and
every entry shall be divided from the following entry by a printed
line.
7.The Registrar General shall cause himself to be provided with,and
shall furnish to every registrar,a sufficient number of register books of
births and of register books of deaths;and the Registrar General and
every registrar shall be authorized,and is hereby required ,to inform
himself carefully of every birth and every death which may happens
within his district or districts,or place or village,after this Ordinance
as come into operation,and to learn and register,as soon after the event
conveniently may be done,without fee or reward ,save as hereinafter
mentioned,in one of the said books,the particulars required to be re-
ordered according to the said forms respectively touching every such
or every such death,as the case may be,which has not been
already registered,every such entry being made in order from the be-
ginning to the end of the book.
8.-(1.)In case any living new-born child is found exposed,it shall
be the duty of any person finding such child,and of any person in whose
charge such child may be placed,to report such finding to the Registrar
General or a registrar,and to give,to the best of his knowledge and belief,
the Registrar General or registrar,within seven days after the finding
of such child ,such informaiton of the particulars requried to be regis-
tered concerning the birth of such child as the informant possesses,and,
as the presence of the Registrar General or registrar,to sign the register.
(2.)In case any living new-born child is brought to and admitted
into any convent or public or charitable or religious institution,it shall
be the duty of the person admitting such child,or having charge of the
convent or institution to which such child is admitted,to ascertain,at
the time of admission,from the person bringing such child for admission,
such information of the particulars required to be registered concerning
the birth of such child as can be elicited,and if after admission,to give to the
Registrar General or registrar such information.
9.The father of every child born alive in the Colony after the
commencement of this Ordinance,or,in case of the death,illness,
absence,or inability of the father,the mother of such child,or,in case
of the death,illness,absence,or inability of the father and mother,the
occupier of the house in which child has been born,or any person
present at the birth,shall,within forty-two days after the day of person
birth,give information to the Registrar General or the registrar of
the district or place within which such birth may have occurred,accord-
ing to the best of his or her knowledge and belief,of the several
particulars hereby required to be known or registered,and shall,in the
presence of the Registrar General or registrar,sign the register.
10.-(1.)In every case where the information required by this
Ordinance is given to the Registrar General or any registrar within
forty-two days of the birth of any child,exclusive of the day of birth,
no fee shall be required or paid for registering the said birth;but when
such information is given after the expiration of the said forty-two days
and within twelve months after the said birth,exclusive of the day of birth,a fee of one dollar shall be required of and paid by the person
who,by virtue of this Ordinance,is charged with the duty of giving
information concerning such birth.If no such information as aforesaid
is given within three months after the said birth,the person charged
with the duty of giving such information shall,on summary conviction
before a Police Magistrate,be liable to a penalty not exceeding twenty-
five dollars and,in default of payment thereof,to imprisonment,with or
without hard labour,for any term not exceeding one month.After the
expiration of twelve months next after the birth of any child,that birth
shall not be registered except with the consent of the Registrar General,
and the fact of suchy consent having been given shall be entered in the
register.A fee of five dollars shall be paid to the Registrar General in
the case of the registration of the birth of a child after the expiration of
twelve months next after the birth of such child.
(2.)In the case of an illegitimate child,no person shall,as father of
such child,be required to give information under this Ordinance con-
cerning the birth of such child,and the Registrar General or registrar
shall not enter in the register the name of any person as father of such
child,except at the joint request of the mother and of the person acknow-
ledging himself to be the father of such child,and such perosn shall in
such case sign the register together with the mother.For the purposes
of this Ordinance every child,and such Chinese male shall be deemed to
be a legitimate child,and such Chinese male shall be deemed to be the
father of such child.
(3.)Any person required by this Ordinance to give information con-
cerning a birth who removes,before such birth is registered,out of the
district in which such birth has taken place may,within forty-two days
after such birth,give the required information to the Registrar General
or to the registrar of the district in which he resides,and shall,at the
time of giving such information,sign the register in the presence of the
Registrar General.
11.-(1.)When the birth of any child has been registered and the
name,if any,by which it was registered is altered,or,if it was registered
without a name,when a name is given to it,the parent or guardian of
such child,or other oerson procuring such name to be altered or given,
may,within twelve months next after the registration of the birth,make
a declaration to the Forms Nos. 3 and 4 in the Schedule to this Ordinance,
whereupon the Registrar General or registrar shall,without any erasure
of the previous entry,forthwith enter in the register book the name
mentioned in the declaration aforesaid,and shall,on the application of
the said parent or guardian or other person procuring such name to be altered or given,forwith deliver to such parent,guardian,or other
person as aforesaid a certificate according to the Forms Nos.5 and 6
in the Schedule to this Ordinance,for which a fee of one dollar shall be
charged.
(2.)No such alteration or addition as that mentioned in this section
shall be made after the expiration of tweelve months from the date of the
registration of the birth,except on payment to the Registrar General or
registrar of a fee of two dollars:Provided that whenever it is shown,
to the satisfaction of the Registrar General,that,owing to absence from
the Colony or other reasonable cause,the parent,guardian,or other
person procuring such name to be altered or given is unable to attend
personally before the Registrar General to make a declaration in writing
in accordance with this section,the Registrar General may,in his
discretion,accept in lieu thereof a declaration in writing made before
any person competent to take statutiry declarations or may accept such
other evidence as he may in the circumstances deem sufficient,and may
thereupon act in all respects as if a declaration in writing had been made
before him personally.
12.-(1.)When a person dies in a house after the commencement of
this Ordinance,it shall be the duty of the nearest relatives of the
deceased present at the death or in attendance during the last illness of
the deceased,and,in default of such relatives,of each person present at
the death or in attendance during the last illness,and of any occupoer
of the house in which,to his knowledge,the death took place,and,in
default of the persons hereinbefore in this section mentioned,of each
inmate of such house,and of the person causing the body of the deceased
to be buried,to give,to the best of his knowledge and belief,to the
Registrar General or registrar,within the forty-eight hours(in which
Sundays and Government holidays shall not be included) next following
the time of such death,informaiton of the particulars required to be
registered concerning such death,and,in the presence of the Registrar
General or registrar,to sign the register.
(2.)When a person dies in a place which is not a house,or a dead
body is found elsewhere than in a house,it shall be the duty of every
relative of the deceased,having knowledge of any of the particulars
required to be registered concerning the death,and,in default of
such relative,of every person present at the death,and of any person
finding and of any person taking charge of the body,and of the person
causing the body to be buried,to give to the Magistrate discharging the
duties of Coroner,within the forty-eight hours (in which Sundays and
Government holidays shall not be included)next after the death or the
finding,such information of the particulars required to be registered concerning the death as the informant possesses,and such particulars
shall be forthwith forwarded by the said Magistrate to the Registrar
General,who shall duly register the same.
(3.)After the expiration of twelve months next after any death or
after the finding of any dead body elsewhere than in a house,that death
shall not be registered,except with the consent of the Registrar General
and the fact of such consent having been given shall be entered in the
register.A fee of five dollars shall be paid to the Registrar General in
the case of the registration of the death of any person after the expiraiton
of twelve months next after any such death or after the finding of
any dead body elsewhere than in a house.
(4.)Where an inquest is held on any dead body,any Magistrate dis-
charging the duties of Corner shall inquire of the particulars required
to be registered concerning the death,and such Magistrate shall send to
the Registrar General,within seven days next after the termination of
the inquest,a certificate under his hand giving information concerning
the death and specifying the said particulars,the cause of death,and the
time and place at which the inquest was held,and the Registrar General
shall,in the prescribed form and manner,enter the death and particulars
in the register.Where an inquest is held on any dead body,no person
shall,with respect to such dead body or death,be subject to any penalty
for failing to give information in pursuance of any other provision of
this Ordinance.
13.-(1.)No person,unless acting under the written sanction or
direction of the Secretary of the Sanitary Board,shall remove,or assist
or attempt to remove,or procure the removal of,or bury any dead
body until a certificate of death under the next succeeding section has
been issued,or an order to bury has been obtained from any Magistrate
discharging the duties of Corner: Provided always that where inter-
ment is urgent and it is not possible to promtly procure the issue
of such a certificate or order,it shall be the duty of any person who
may desire to remove or bury a dead body to report his desire at the
nearest Police Station,when the Inspector or other officer in charge
shall issue forthwith a removal permit according to the Form No.7 in the
Schedule to this Ordinance.The issue of the aforesaid removal permit
shall be forthwith reported to the Registrar General by the issuing
officer,and shall not exonerate the persons required by this Ordinance
to give information respecting the death of any person from giving the
information required.
(2.)No person,unless acting the written sanction or direction
of the Secretary of the Sanitary Board,shall remove,or assist or
attempt to remove,or procure the removal of a dead body from the Colony until he has obtained from the Registrar General or a
register a certificate according to the Form No.8 in the Schedule to
this Ordinance.
14.-(1.)The Registrar General or a registrar,immediately on
registering any death or as soon theeafter as he may be requireed to
do so,shall ,without fee or reward,deliver,either to the person giving
information concerning the death or to the undertaker or other person
having charge of the funeral,a certificate under his hand,according to
the Form No.9 in the Schedule to this Ordinance,that such death has
been duly registered,and such certificate shall be delivered by such
undertaker or other person to the minister or officiating person,if any,
who may be required to perform any religious service for the burial of
the dead body:Provided always that any Magistrate discharging the
duties of Corner may order any body to be buried,if he thinks fit,
before registration of the death,and shall in such case give a certificate of
his order in writing under his hand,according to the Form No.10 in
the Schedule to this Ordinance,to the relative of the deceased or other
person who causes the body to be buried or to such undertaker or other
person having charge of the funeral,and such certificate shall be
delivered by the recipient to such minister or officiating person as
aforesaid.
(2.)Any person who performs any funeral or religious service for
the burial of any dead body without receiving either a certificate duly
made and delivered as aforesaid by the Registrar General,registrar,or
Magistrate,or a paper containing the written sanction or direction to
bury of the Secretary of the Sanitary Board,or a permit to bury by an
Inspector or other officer in charge of a Police Station,shall,on
summary conviction before a Police Magistrate,be liable to a penalty
not exceeding fifty dollars and,in default of payment thereof,to
imprisonment ,with or without hard labour,for any term not exceeding
two months.
15.A person shall not wilfully bury or procure to be buried the body
of any deceased child as if it were still-born.No person shall bury or
procure to be buried any still-born child,unless there is delivered to him
either-
(1.)a written certificate,according to the Form No.11 in the
Schedule to this Ordinance,that such child was not born alive,
signed by a registered medical practitioner who was in attendance
at the birth or has examined the body of such child;or
(2.)a declaration,according to the Form No.12 in the Schedule to this
Ordinance,signed by some person who would,if the child had been
born alive,have been required by this Ordinance to give information
concerning the birth,to the effect that no registered medical
practitioner was present at the birth,or that his certificate cannot
be obtained,or that the child was not born alive;or
(3.)an order of any Magistrate discharging the duties of Corner.
16.Where there is in the coffin in which any deceased person is
brought for burial the body of any other deceased person or the body
of any still-born child,the undertaker or other person who has charge
of the funeral shall deliver to the person who buries or performs any
funeral or religious service for the burial of such body or bodies notice
in writing,signed by such undertaker or other person,and stating ,to
the best of his knowledge and belief,with respect to each such body the
following praticulars,according to the Forms Nos. 13,14,and 15 in the
Schedule to this Ordinance:-
(1.)if the body is the body of a deceased person,the name,sex ,and
place of abode of the said deceased person;
(2.)if the body has been found exposed,and the name and place of
abode are unknown,the fact of the body having been so found and
of the said praticulars being unknown;and,
(3.)if the body is that of a deceased child without a name or a
still-born child,the name and place of abode of the father,or,if it
is illegitimate,of the mother,of such child.
17.With respect to certificates of the cause of death,the following
provisions shall have effect:-
(1.)the Registrar General shall,on the application in writing of a
registered medical practitioner,furnish such practitioner with a
book of printed forms of certificates of death,according to the
Form No.16 in the Schedule to this Ordinance;
(2.)in case of the death of any person who has been attended during
his last illness by a registered medical practitioner,that practitioner
shall forthwith sign and give to some person required by this
Ordinance to give information concerning the death a certificate,
in the form prescribed by this section,stating,to the best of his
knowledge and belief,the cause of death,and such person shall,on
giving information concerning the death,deliver that certificate to
the Registrar General or a registrar;and the cause of death as
stated in that certificate shall be entered in the register;
(3.)where an inquest is held on the body of any deceased person,a
medical certificate of the cause of death need not be given to the
Registrar General or registrar,but the certificate of the finding
furnished by any Magistrate discharging the duties of Corner shall
be sufficient;
(4.)for the purpose of securing uniformity in the death returns,the cause of death certified to by any registered medical practitioner,or
by any medical officer in any branch of Her Majesty's Service,or
by any Magistrate discharging the duties of Corner shall,so far
as possible,be described in strict accordance with the nomenclature
of diseases of the Royal College of Physicians of London.If in
any certificate the cause of death is not described in the terms of
the said nomenclature,it shall be lawful for the Registrar General or
a registrar,in his discretion,to refuse to register the cause of death
as thus certified,and to proceed in the manner provided by the
next succeeding sub-section in any case in which the Registrar
General or a registrar is not satisfied that the reported cause of
death is the true cause;and
(5.)in case of the death of any person who has not been attended
during his last illness by any registered medical practitioner,it
shall be the duty of the Registrar General or registrar,to whom
information concerning the death is given,to satisfy himself that the
cause of death stated by the person giving the information is the
true cause,and,in every case in which he is not satisfied in this
regard,it shall be his duty to communicate the particulars of the
information received to the Colonial Surgeon or to some other
medical officer appointed by the Governor for that purpose,who
shall institure or cause to be instituted immediate inquiries with a
view to ascertaining the true cause of death,and shall as soon
as possible report the result to the Registrar General or a re-
gistrar.
18.-(1.)In the months of January,April,July,and October,on such
days as may from time to time be appointed by the Registrar General,
every registrar shall make and send to the Registrar General,on durable
materials,a true copy,certified by him under his hand,of all the entries
of births and deaths in the register books kept by him since the last
certificate,and the Registrar General shall verify the same,and,if found
to be correct,shall certify the same under his hand to be a true copy,
and if there has been no birth or death registered since the delivery of
the last certificate,the registrar shall certify the fact,and such certificate
shall be delivered to the Registrar General as aforesaid,and counter-
signed by him.
(2.)Each registrar shall keep safely such register books as may be
placed under his control,until each of the said register books is filled,
and shall then deliver it to the Registrar General,to be kept by him with
the records of his office.
19.The Registrar General and every registrar who has the keeping
for the time being of any register book of births or deaths shall,during
recognized office hours,allow searches to be made of any register book
in his keeping;and the Registrar General shall give a copy,certified
under his hand,of any entry or entries in the same on payment of the
fees hereinafter mentioned,that is to say,for every search extending
over a period not less than one year additional year,and the sum of one dollar
for every single certificate.
20.-(1.)The Registrar General shall cause indexes of the register
books in his office to be made and kept with the order records of his
office;and every person shall be entitled ,during recognized office hours,
to search the said indexes and to have a certified copy of any entry or
entries in the said register books under the hand of the Registrar
General on payment of the fees hereinafter mentioned,that is to say,
for every general search the sum of two dollars,and for every particular
search the sum of fifty cents,and for every such certified copy the sum
of one dollar.
(2.)In this section the term 'general search' means a search during
any number of successive hours not exceeding six,without stating the
object of the search;and the term 'particular search' means a search
over any period not exceeding five years for any given entry.
21.The Registrar General shall cause to be made a seal of the
General Register Office,and shall cause to be sealed or stamped there-
with all certified copies of entries given in the said office;and every
certified copy of an entry purporting to be sealed or stamped with the
seal of the said office shall be received as evidence of the birth or death
to which the same relates,without any further or other proof of such
entry;and no certified copy purporting to be given in the said office
shall be of any force or effect which is not seales or stamped as
aforesaid.
22.Every sum received under the provisions of this Ordinance by
or on account of the Registrar General shall be accounted for by or
to him and paid by him into the Colonial Treasury.
23.Every person who wilfully makes or causes to be made,for the
purpose of being inserted in any register of births or deaths ,any false
statement touching any of the particulars herein required to be known
and registered shall be subject to the same pains and penalties as if
he had been guilty of perjury.
24.Every person who,-
(1.)being charged with the duty of registering births or deaths,
refuses or,without reasonable cause,omits to register any birth or
death of which he has had due notice as aforesaid;or, (2.)having the custody of any register book or certified copies
thereof,or of any part thereof,carelessly loses or injures the same,
or carelessly allows the same to be injured whilst in his keeping,
shall,on summary conviction before a Police Magistrate,be liable to
a penalty not exceeding two hundred dollars and,in default of payment
thereof,to imprisonment,with or without hard labour,for any term not
exceeding six months.
25.Every person who-
(1.)wilfully destroys or injures,or causes to be destroyed or injured,
any such register book or any part or certified copy of any part
thereof;or
(2.)falsely makes or counterfeits,or causes to be falsely made or
counterfeited,any part of any such register book or certified copy
thereof;or
(3.)wilfully inserts or causes to be inserted in any register book,or
certified copy thereof,any false entry of any birth or death;or
(4.)wilfully gives any false certificate;or
(5.)certifies any writing to be a copy or extract of any register book,
knowing the same register to be false in any part thereof;or
(6.)forges or counterfeits the seal of the General Register Office,
shall be guilty of felony,and,being convicted thereof,shall be liable,at
the discretion of the Court,to imprisonment,with or without hard labour,
for any term not exceeding two years.
26.The Registrar General,when and as required by the Sanitary
Board,shall transmit a return ,certified under his hand to be a true
return ,of such of the particulars registered by him or by any registrar
concerning any death or deaths as may from time to time be specified
in writing by the said Board;and the said Board may supply a form of
the presrcibed character for the purpose of the return,and in that case
the return shall be made in the form so supplied.
27.With regard to the correction of errors in registers of births or
deaths,the following provisions shall have effect:-
(1.)no alteration in any such register shall be made except as
authorized by this Ordinance;
(2.)any clerical error which may from time to time be discovered in
any such register shall,as soon as possibole after being discovered,
be corrected by the Registrar General or registrar,who shall place
his initials in the margin opposite the entry in which such error has
been discovered;
(3.)an error of fact or substance in any such register may be cor-
rected by entry in the margin (without any alteration of the original entry)by the Registrar General ,on payment of the fee of one dollar
and on production to him by the person requiring such error to be
corrected of a declaration,according to the Form No.17 in the
Schedule to this Ordinance,setting forth the nature of the error
and the true facts of the case,and made by two persons required
by this Ordinance to give information concerning the birth or death
with reference to which the error has been made,or,in default of
such persons,then by two credible persons having knoeledge of the
truth of the case,and the Registrar General shall initial such
marginal entry and shall add thereto the day and month and year
when such correction is made;and
(4.)where an error of fact or substance (other than an error relating
to the cause of death) occurs in the information given by the certi-
ficate of a Magistrate discharging the duties of Corner concerning
a dead body upon which he has held an inquest,such Magistrate,
if satisfied by evidence upon oath or statutory declaration that such
error exists,may certify under his hand to the Registrar General
the nature of the error and the true facts of the case as ascertained
by him on such evidence,and the error may thereupon be corrected
by the Registrar General in the register by entering in the margin
(without any alteration of the original entry) the facts as so certified
by such Magistrate,and the Registrar General shall initial such
marginal entry and shall add thereto the day and month and year
when such correction is made.
28.Except where otherwise specially provided for by this Ordinance,
every person who commits any breach or infringement of any of the
provisions contained in this Ordinance or in any regulation made there-
under,or fails to perform any duty imposed upon him by this Ordinance
or by any such regulation,shall,on summary conviction before a Police
Magistrate,be liable to a penalty not exceeding two hundred dollars
and,in default of payment thereof,to imprisonment,with or without
hard labour,for any term not exceeding six months.
29.It shall be lawful for the Governor-in-Council to make,and,when
made,to revoke,alter,or add to,such regulations as may be found
necessary or desirable for the due carrying into effect of the provisions
of this Ordinance,and from time to time to revoke,alter,or add to the
forms in the Schedule to this Ordinance. ORDINANCES OF HONGKONG
VOL .II
1891-1901
P.265 FORM No.3.
Declaration of True Name of Child.
I,A.B.,parent [or guardian]of the child of one C.D., whose birth was
registered on the day of ,1, do solemnly and sincerely
declare that the name by which such child was registered was wrong,and
that the right name is to which I desire to alter the name by
which the said child was originally registered.
Dated the day of 1,.
(Signed.)
A.B.,
Parent [or Guardian]
Before me,
(Signed.)
Registrat.
Fee $2,if alteration made after 12 months after date of registration;otherwise fee $1
FORM No.4.
Declaration of Name of Child.
I,A.B., parent[or guardian] of the child of one C.D., whose birth was
registered on the day of ,1, do solemnly and sincerely
declare that the said child has received the names of and
desire that these names shall be added to the register.
Dated the day of ,1.
(Signed.)
A.B.,
Parent [or Guardian].
Before me,
(Signed.)
Registrar.
Fee $2,if addition made after 12 months after date of registration;otherwise fee $1
FORM No.5.
Certificate of Registration of Alteration of Name of Child.
I,A.B., Registrar of Births and Deaths in the District of,
do hereby certify that the name [or names] of by which
a child of one C.D. was registered on the day of ,1,
has [or have] been altered to,and that such alteration
has been entered in the register book.
Dated the day of ,1.
(Signed.)
A.B.,
Registrar.
Fee $1 or $2.
FORM No.6.
Certificate of Registration of Name of Child.
I,A.B., Registrar of Births and Deaths in the District of,
do hereby certify that the name[or names] of has [or have]
been given to the child of one C.D. whose birth was registered on the
day of ,1, and that such name or names has [or have]
been entered in the register book.
Dated the day of ,1.
(Signed.)
A.B.,
Registrar.
Fee $1 or $2.
FORM No.7.
Permit for Removal of Dead Body.
Permission is hereby given to of to remove and
bury the dead body of one called from the floor of
No. to
Dated the day of ,1.
(Signed.)
Officer in Charge,
No. Police Station.
FORM No.8.
Permit for Removal of Dead Body from the Colony.
Permission is hereby given to of to remove
from the Colony the dead body of one called
Dated the day of ,1.
(Signed.)
A.B.,
Registrar.
FORM No.9.
Certificate of Registration of Death.
I,A.B., Registrar of Births and Deaths in the District of,
do hereby certify that the death of has been duly registered
by me on the day of ,1.
Dated the day of ,1.
(Signed.)
A.B.,
Registrar. FORM No.10.
Order for Burial of Body.
I,A.B., Magistrate appointed to dischange the duties of Coroner for the
Colony of Hongkong,do hereby order the burial of the body now shown or
reported to me as the body of
Dated the day of ,1.
(Signed.)
A.B.,
Magisterial Coroner.
FORM No.11.
Certificate of Still Birth.
I,A.B., registered medical practitioner in the Colony of Hongkong,hereby
certify that I was attendance at the birth of the child of Mrs.C.D. [or
have examined the body of the child of Mrs.C.D.] and that such child was
not born alive.
Dated the day of ,1.
(Signed.)
A.B.,
Registered Medical Practitioner.
FORM No.12.
Declaration as to Still Birth.
I,A.B., do solemnly and sincerely declare that no registered medical
practitioner was present at the birth of the child of Mrs.C.D. which occurred
on the day of 1, [or that Mr. E.F.,registered
medical practitioner,was present at the birth of the child of Mrs.C.D. which
occurred on the day of 1, but that his certificate
according to the Form No.11 in the Schedule to the Births and Deaths
Registration Ordinance,1896,cannot be obtained,or that the child of Mrs.
C.D. which was born on the day of 1, was not
born alive].
Dated the day of ,1.
(Signed.)
A.B.,
Legal Informant.
Before me,
(Signed.)
Justice of the Peace. FORM No. 13.
Notice where Coffin contains more than one Body.
I,A.B., hereby give you notice that in the coffin in which C.D. is brought
for burial there is the body of E.F., a male [or female] lately residing at
No.
Dated the day of ,1.
(Signed.)
A.B.,
Undertaker [or Person in Charge
of Funeral.]
Before me,
(Signed.)
Justice of the Peace.
FORM No. 14.
Notice where Coffin contains more than one Body.
I,A.B., hereby give you notice that in the coffin in which C.D. is brought
for burial there is a body which has been found exposed,and that the name
and place of abode of the person whose body has been found are unknown.
Dated the day of ,1.
(Signed.)
A.B.,
Undertaker [or Person in Charge
of Funeral.]
Before me ,
(Signed.)
Justice of Peace.
FORM No. 15.
Notice where Coffin contains more than one Body.
I,A.B., hereby give you notice that in the coffin in which C.D. is brought
for burial there is the body of a deceased child,name unknown [or of a still-
born child] and the name and place of abode of the father [or mother] of such
child are and No.
Dated the day of ,1.
(Signed.)
A.B.,
Undertaker [or Person in Charge
of Funeral.]
Before me,
(Signed.)
Justice of the Peace. ORDINANCES OF HONGKONG
VOL.II
1891-1901
P.270 NOTICE
(to be indorsed on the back of the Certificate).
By Section 17 of the Births and Deaths Registration Ordinance,1896, it
is enacted that whenever a Registered Medical Practitioner has been in
attendance during the last illness of a deceased person,such Practitioner shall
sign and give to a qualified Informant of the Death a Certificate of the
Cause of Death.The Informant is bound to deliver the Certificate to the
Registrar General or a Registrar of Deaths.
Persons qualified to be Informants for the Registration of the Death and to
whom only this Certificate should be given.
1.A RELATIVE of the Deceased,present at the death.
2.A RELATIVE of the Deceased,in attendance during the last illness.
3.A person 'present at the death.'
4.A person in attendance during the last illness.
5.The 'Occupier' of the House in which the death occurred.
6.An 'Inmate' of the House in which the Death occurred.
7.The person 'who caused the body to be buried.'
Penalty for failing to give information within the 48 hours (in which Sundays and
Government Holidays shall not be included)next following death is $200.
Informants must be prepared to state accurately ot the Registrar General or a Registrar the
following particulars:-
(1.)The date and place of Death;
(2.)The full names and surname of Deceased;
(3.)The correct age of Deceased;and
(4.)The rank,profession,or occupation of Deceased.[If Deceased is a child or an
unmarried person without occupation or property,the full names and rank or progession
of the father will be required(except in the case of illegitimate children);if a wife or
widow,those of the husband or deceased husband.]
FORM No.17.
Declaration for Correction of Error in Register.
We,A.B. and C.D., hereby solemnly and sincerely declare that when the
birth [or death] of E.F. was registered on the day of
I,the following errors of fact or substance occurred in the register,
viz.[here set forth the error or errors].
And we further solemnly and sincerely declare that the true facts of the
case are as follows:-[here set forth the true facts].
Dated the day of ,1.
(Signed.)
A.B.
C.D.
Before me,
(Signed.)
Justice of Peace. A.D. 1896. Ordinance No. 16 of 1896, with Ordinance No. 20 of 1898 incorporated. Short title. Interpretation of terms. 37 & 38 Vict.c. 88 s. 48. Ib. Registrar General to be Chief Registrar of births and deaths. Establishment of district registers at certain places. Language of certain registers. Keeping and form of register book. Schedule: Form Nos. 1 and 2. Duty of Registrar General and registrar to register births and deaths. Information respecting living new-born child to be given to registrar. 37 & 38 Vict.c. 88 s. 3. Duty of parent or occupier to register birth within 42 days. Ib.s.1. Registration of birth after expiration of 42 days. 37 & 38 Vict.c. 88 s. 7. Ib.s.6. Registration of name of child or of alteration of name. Ib.s.8. Schedule Forms Nos. 3 and 4. Forms Nos. 5 and 6. Information of death to be given in various cases to Registrar General or registrar, etc. 37 & 38 Vict.c. 88 s. 10. Ib.s.11. 37 & 38 Vict.c. 88 s. 15. Ib.s.16. Restrictions on removal of dead body. Schedule: Form No. 7 ; Forms No. 8. Issue of certificate of registration of death or of certificate of order for burial. Schedule: Form No. 9; Form No. 10. Burial of deceased child as still-born. 37 & 38 Vict.c. 88 s. 18. Schedule: Form No. 11; Form No. 12. Notice where coffin contains more than one body. 37 & 38 Vict.c. 88 s. 19. Schedule: Form Nos. 13-15. Provisions as to certificates of cause of death. Ib.s.20 Schedule: Form No. 16. Sending to Registrar General of certified copies of district registers of births and deaths and of register books, when filled. Allowing of searches and giving of certificates, and fees therefor. Making of indexes and search thereof. 37 & 38 Vict.c. 88 s. 42. Sealing of certified copies given at General Register Office. Accounting for fees. Punishment for giving false information. Penalty for not duly registering births and deaths. Punishment for destroying or falsifying register book. Return by Registrar General to Sanitary Board. 37 & 38 Vict.c. 88 s. 28. Correction of error in register. Ib.s.36. Schedule: Form No. 17. Punishment for infringement of the Ordinance or of regulations. Making of regulations, etc. Section 6. Section 6. Section 11. Section 11. Section 11. Section 11. Section 13. Section 13. Section 14. Section 14. Section 15. Section 15. Section 16. Section 16. Section 16. Section 27.
Abstract
A.D. 1896. Ordinance No. 16 of 1896, with Ordinance No. 20 of 1898 incorporated. Short title. Interpretation of terms. 37 & 38 Vict.c. 88 s. 48. Ib. Registrar General to be Chief Registrar of births and deaths. Establishment of district registers at certain places. Language of certain registers. Keeping and form of register book. Schedule: Form Nos. 1 and 2. Duty of Registrar General and registrar to register births and deaths. Information respecting living new-born child to be given to registrar. 37 & 38 Vict.c. 88 s. 3. Duty of parent or occupier to register birth within 42 days. Ib.s.1. Registration of birth after expiration of 42 days. 37 & 38 Vict.c. 88 s. 7. Ib.s.6. Registration of name of child or of alteration of name. Ib.s.8. Schedule Forms Nos. 3 and 4. Forms Nos. 5 and 6. Information of death to be given in various cases to Registrar General or registrar, etc. 37 & 38 Vict.c. 88 s. 10. Ib.s.11. 37 & 38 Vict.c. 88 s. 15. Ib.s.16. Restrictions on removal of dead body. Schedule: Form No. 7 ; Forms No. 8. Issue of certificate of registration of death or of certificate of order for burial. Schedule: Form No. 9; Form No. 10. Burial of deceased child as still-born. 37 & 38 Vict.c. 88 s. 18. Schedule: Form No. 11; Form No. 12. Notice where coffin contains more than one body. 37 & 38 Vict.c. 88 s. 19. Schedule: Form Nos. 13-15. Provisions as to certificates of cause of death. Ib.s.20 Schedule: Form No. 16. Sending to Registrar General of certified copies of district registers of births and deaths and of register books, when filled. Allowing of searches and giving of certificates, and fees therefor. Making of indexes and search thereof. 37 & 38 Vict.c. 88 s. 42. Sealing of certified copies given at General Register Office. Accounting for fees. Punishment for giving false information. Penalty for not duly registering births and deaths. Punishment for destroying or falsifying register book. Return by Registrar General to Sanitary Board. 37 & 38 Vict.c. 88 s. 28. Correction of error in register. Ib.s.36. Schedule: Form No. 17. Punishment for infringement of the Ordinance or of regulations. Making of regulations, etc. Section 6. Section 6. Section 11. Section 11. Section 11. Section 11. Section 13. Section 13. Section 14. Section 14. Section 15. Section 15. Section 16. Section 16. Section 16. Section 27.
Identifier
https://oelawhk.lib.hku.hk/items/show/694
Edition
1901
Volume
v2
Subsequent Cap No.
174
Cap / Ordinance No.
No. 7 of 1896
Number of Pages
19
Files
Collection
Historical Laws of Hong Kong Online
Citation
“BIRTHS AND DEATHS REGISTRATION ORDINANCE, 1896,” Historical Laws of Hong Kong Online, accessed November 20, 2024, https://oelawhk.lib.hku.hk/items/show/694.
