MARRIAGES ORDINANCE
Title
MARRIAGES ORDINANCE
Description
Marriage.
No. 1 of 1852.
An Ordinance for certain Marriages in the Colony of Hongkong.
[16th March, 1852.]
WHEREAS it is deemed expedient to amend the law of marriages in the said
Colony: Be it therefore enacted and ordained by His Excellency the
Governor
of Hongkong, with the advice of the Legislative Council thereof, as
follows:
1. From and after the passing of this Ordinance, in every case of marriage
intended to be solemnized in the said Colony where one or both of the
parties is or
area person or persons professing the Christian religion, such marriage
may be sol-
.emnized under the provisions of this Ordinance; and where such marriage
is intended
to be so solemnized, one of the parties shall give notice in writing to a
Marriage
Registrar of the said Colony to be appointed under the provisions of this
Ordinance,
both parties having previously resided for a term of not less than seven
days in the
said Colony, such notice to be in the form of schedule 1, to this
Ordinance annexed,
or to the like effect, and shall state therein the name and surname and
the profession
or condition of both of the parties intending marriage, the
dwelling-place of each of
them, and the time, not being less than seven days, during which each has
dwelt
therein, provided that if either party shall have dwelt in the place
stated in the notice
during more than one calendar month, it may be stated therein that he or
she bath
dwelt there one month and upwards.
nA In
oint ent
gistrars.
Proviso,
inspection and
Publication of
notices.
Who to give
consent if par,
rtes under age.
Issue of Regis-
trar 's certificate
-mn1 be forbid.
den.
torn, of certitt-
date.
ORDINANCE No. 1 or 182.
Marriage.
2. It shall and may be lawful to and for the said Governor of the said
Colony
from time to time to nominate and appoint fit and proper persons ~to act
as such
Registrars, and from time to time to remove such Registrars and appoint
others in
their place.
Certificate of 3. Any Marriage Registrar upon being requested so to do by
or on behalf of the-
nntire to be Is-
sued nnrnnueat. party by whom the notice was given, and one of the parties
intending marriage having
made oath or declaration as hereinafter required, shall issue under his
hand a certi-
ficate of such notice having been given and of such oath or declaration
having been
made; Provided no lawful impediment according to the law of England be
shewn to
the satisfaction of the Marriage Registrar why such certificate should
not issue, and
the issue of such certificate have not been sooner forbidden, in manner
hereafter
mentioned, by any person or persons by this Ordinance authorized in that
behalf
Provided always, that where by such oath or declaration it appears that
one of the
parties intending marriage (not being a widower or widow) is under
twenty-one years.
of age, the Marriage Registrar shall not issue such certificate until the
expiration of
fourteen days after the giving of such notice; and it is further
provided, that the
Marriage Registrar shall file all such notices and keep them with the
records of his
office, and shall also forthwith enter a true copy of all such notices
fairly into a book
to be called the 'Marriage Notice Book,' which shall be open at alt
reasonable times
without fee to all poisons desirous o£ inspecting the same, and such
Registrar shall.
publish all such notices of marriage by causing a copy of such notices to
be affixed on.
ono of the entrance doors of the Supreme Court.
4. The father, if living, of any party under twenty-one years of age,
such party
not being a widower or widow, or, if the father be dead, the guardian or
guardians of
the person of the party so under age lawfully appointed, or one of them,
and in case
there he no such guardian, then the mother of such party, if unmarried,
shall have
authority to give consent to the marriage of such party; and such consent
is hereby
required for the marriage of such pasty so under age unless there be no
person au-
thorized to give such consent resident within the said Colony.
5. Every person whose consent to a marriage is required as aforesaid is
hereby
authorized to forbid, in manner as hereafter provided, the issue of the
Marriage
Registrar's certificate; and in case the issue of any such certificate be
so forbidden,
the notice and all proceedings thereupon shall be utterly void: Provided
always, that
(subject to the provisions hereafter mentioned) if either of the parties
intending mar-
riage allege that the person forbidding the issue of such certificate is
n Qt authorized
by law so to do, the Marriage Registrar shall examine into such
allegation, and if ba-
be satisfied that such person is not authorized as aforesaid shall act in
like manner.
and the like proceedings may be lied under this Ordinance in relation to
such mar-
riage as if the issue of such certificate had not been forbidden .by such
person.
6. The certificate to be issued by the Marriage Registrar under the
provisions of-
the third section of this Ordinance shall be in the form of schedule B to
this Ordinance-
annexed, or to the like effect.
ORDINANCE NO. 1 of 1852.
Ilfarriage.
7. Any person authorized in that behalf may forbid the issue of the
Marriage How issue or
certificate mny
Registrars certificate by writing at any time before the issue of such
certificate the be forbidden.
word 'Forbidden' opposite to the entry of the notice of such intended
marriage in
the Marriage Notice Book, and by subscribing thereto his or her name and
place of
abode and his or her character in respect of either of the parties by
reason of which he
or she is so authorized, and the said word 'Forbidden' so written and
subscribed as
aforesaid shall be deemed a protest within the meaning of this Ordinance.
8, In all cases where the Marriage Registrar shall not be satisfied that
the ileforeneesby
the Registrar in
person forbidding the issue of the certificate is authorized by law so to
do, the said eases of doubt.
Marriage Registrar shall apply by petition to the Supremo Court of
Hongkong, and
the said petition shall state all the circumstances of the case and pray
for the order
and direction of the Court concerning the same, and the said Supreme
Court or any
Judge thereof shall be empowered to examine into the allegations of the
petition and
the circumstances of the case in a sunnnary way; and if upon such
examination it
shall appear that the person forbidding the issue of such certificate is
not authorized
by law so to do, such Supreme Court or a Judge thereof shall declare that
the person
forbidding the issue of such certificate is not authorized as aforesaid,
and that then
and in such case such certificate shall be issued and the like
proceedings may be had
under this Ordinance in relation to such marriage as if the issue of such
certificate had
not been forbidden by such person.
a. After the issue of the certificate of the Marriage Registrar, marriage
may be
solemnized between and by the parties described in such certificate or
certificates
according to such form and ceremony as they may see fit to adopt.
Provided never-
theless that such marriage shall be solemnized between the hours of six
in the morn.
ing and seven in the evening in the presence of the Marriage Registrar,
to whom
shall be delivered such certificate or certificates as aforesaid and of
two or more
witnesses, and that in some part of the ceremony each of the parties
sliall declare,
'I do solemnly declare, that I know not of any lawful impediment why I,
A. B., may
not be joined in matrimony to C. D.,' or shall declare to the like
effect; and each of
the panties shall say to the other, 'I call upon these persons here
present to witness
that I A. B. do take thee C. D. to be my lawful wedded wife [or husband,'
or other
words to the like effect: Provided also that there be no lawful
impediment to the
marriage of such parties.
10. And such ceremony shall be solemnized in some public place of
Christian
worship, or at the office of the said Registrar, unless in such cases
where the Governor
of the said Colony shall by special licence for that purpose authorize
such solemniza-
tion to be had at some other place.
11. When a marriage is not solemnized within three calendar months after
the
notice shall have been so entered by the Marriage Registrar, the notice
and certificate
which may have been issued thereupon and all other proceedings thereupon
shall be
utterly void; and no person shall proceed to solemnize the marriage nor
shall any
Marriage Registrar register the same until new notice shall have been
given and entry
made, and certificate thereof given, at the time and in the manner
aforesaid.
After iaanC of
certificate, nmr-
1'Ia,P,'e May be
solemnized in
the presence of
Marriage Regis-
trar and two
witnesses at
prescribed hours,
according to cer-
emenies the par-
ties may adept.
plnces where
ceremony is to
be solenmized.
When the mar-
riage is not sol-
emnized within
three months
after notice, mew
notice required. .
Marriages to be
'regtetered.
Oertifieates of
marriage to be
transmitted to
colonial Secre-
tary, &c., &a.
Ptroof ePresldenee
nYlnntles or
<anse»t opt
necessary to en-
tabitsb maroage,
1teglAtrar Mat'
asaortatn purLl-
cnlars.
Persons vexn
tfonsll pro estiuu
114141e to costs and
damages.
I'ennlfi-
fj my mede,-
troying Register
lieu I:.
ORDINANCE No. 1 of 1852.
Marriage.
12. After the solemnization of any marriage under this Ordinance, the
Marriage.;
Registrar present at the solemnization thereof shall forthwith register
such marriage
in duplicate, that is to say, in a boob to be called the 'Marriage
Register Boob'
according to the form of schedule G to this Ordinance annexed, and also
in a certificate
attached to the Marriage Register Book, as a counterfoil; and the entry
of such mar-
riage in both the certificate and the Marriage Register Book shall be
signed by thE--
person by or before whom the marriage has been solemnized, if there be
any such
person, and by the Marriage Registrar present at such marriage, whether
or not tlie-
lnarriage is solemnized by him, and also by the parties married, and
attested by twice
witnesses; and every such entry shall be made in order from the beginning
to the end
of the book, and the number of the certificate shall correspond with that
of the entry
in the Marriage Register Book.
13. The Marriage Registrar shall separate the certificate from the
Marriage-
ReglBter Book, and transmit it, at the end of every month, to the
Colonial Secretary
of the Colony, or to such other person as the Governor thereof may
appoint for the
purpose; and the Marriage Registrar shall keep safely the said register
Book until
it be filled, and shall then transmit the same to the said Secretary or
other person to-
be appointed as aforesaid, to be kept by him with the records of his
office.
14. After any marriage has been solemnized under this Ordinance, it shall
not be:
necessary in support of such marriage to give any proof in respect to
tile dwelling of`
the parties or the consent of any person, whose consent thereunto is
required by
law, nor shall any evidence be given to prove the contrary in any suit
touching tlte-
validity of such marriage.
15. It shall be lawful for the Marriage Registrar before whom any
marriage is
solemnized according to the provisions of this Ordinance to ask the
parties to be
married the several particulars required to be registered touching such
marriage.
18. Every person who shall enter a protest with the Marriage Registrar
against
the issue of any such certificate on grounds which such Marriage
Registrar, or the
Supreme Court, or a Judge thereof, or other person, to whom on the
refusal of such
certificate an application is authorized by this Ordinance, declares to
be frivolous and
such as ought not to obstruct the issue of tile certificate, shall be
liable for the costs of
all proceedings in relation thereto, and for damages, to be recovered by
suit by the
party against whose marriage such protest was entered.
Gear<ner may b© 17. Every Marriage Registrar or other person who shall
have the custody for the
nnule u».1 ccrti- .
'ettre give,. time being of a Register Book of umrriages under this
Ordinance shall at all reasonable---
times without fee, allow searches to be made of such Register Book and
shall give -
a copy certified under his hand of any entry or entries in the same.
18. And every person who shall wilfully destroy or injure or cause to be
destroyed
or injured any such register Book, or the counterfoil certificates
thereof, or any part
or certified copy thereof, or shall falsely mane or counterfeit or cause
to be falsely
made or counterfeited any part of such Register Book or of such
counterfoil. certificates
or of certified copies thereof, or shall wilfully insert or cause to be
inserted in any
ORDINANCE No. 1 0F, 1852.
.Marriage.
Register Book or counterfoil copy or certified copy thereof any false
entry of any
marriage, or shall wilfully give any false certificate, or shall certify
any writing to be
a copy or extract of any Register Book or counterfoil thereof knowing the
same
Register Book or counterfoil copy to be false in any part thereof, shall
be guilty of felony.
19. Any person charged with the duty of registering any marriage who
shall dis-
cover any error to have been committed in the form or substance of any
such entry
may within one calendar month next after the discovery of such error in
the presence
of the parties married, or in case of their death or absence in the
presence of two other
credible witnesses who shall respectively attest the same, correct the
erroneous entry
according to the truth of the case by entering in the margin without any
alteration of
the original entry and shall sign the marginal entry and add thereunto
the day of the
month and year when such correction shall be made, and he shall make the
like
marginal entry attested in the like manner in the aforesaid counterfoil
certificate thereof.
20. .Every person who shall knowingly and wilfully make any false oath or
false
deolaration or' sign any false notice or certificate required by this
Ordinance for the
purpose of procuring any marriage to be solemnized, and every person who
shall forbid
the issue of any Marriage Registrar's certificate by falsely representing
himself or
herself to be a person whose consent to such marriage is required by law,
knowing such
representation to be false, shall, on conviction, be liable to suffer the
penalties of perjury.
21. Every, prosecution under this Ordinance shall be commenced within the
space
of two years after the offence committed.
22. The Governor of the Colony aforesaid with the advice of the Executive
Council thereof may from time to time appoint reasonable fees to be taken
by Registrars
of the parties intending marriage for receiving and publishing notices of
marriage, stud
fur issuing certificates, entering protests, and registering marriages
under this Ordinance.
23. Nothing herein contained shall be held to invalidate or affect any
marriage
which may be solemnized in the Colony aforesaid by persons in Holy
Orders, or the
right of any officiating minister to receive the fees now usually paid
for tile performance
or registration of any marriage.
24. All marriages solemnized under this Ordinance shall be good and valid
in law
to all intents and purposes.
SCHEDULES TO WHICH THIS ORDINANCE REFERS.
SCHEDULE A.
.A'ot%ce of DTarxiage.
1'0 ----. a Registrar of Marriages in the Colony of Hongkoug :-
I hereby give yon notice, that a marriage is intended to he had, within
three calendar months from the slate hereof
between me and the other party herein named and described.
Navnea. sl Cbndition, I .Rank or I'roJ'esaim:. I Age.
Accidental errors
may be correct-
ed.
Punishment of
pereona making
thlse oath or tle
duration.
i.hnttatlon o£
prosecution.
Govern' In
liseetttive Codn-
cil to appoint feos
to be taken by
Registrars,
Marriages may
continue to he
solemnized as
heretofore.
Marriages under
this Ordinance
valid.
Dwelling Place. , Length of Residence.
Witness my hand this
___.day of 180
ORDINANCE No. I OF 1852.
I1larriagge.
ScnEDULI7 73.
Registrar's 6e2-tiflcatp'
I__-__ _- _ , a llcgistrar of Marriages in the Colony of Hongkong, do
bereby certify, that on
notice (lay-as notice was dn)y entered in the Marriage -Notice Book of
the said Colony
of the marriage intended between the parties tberein named and described,
delivered under the hand
of,
___-_, one of the parties, (that is to say.)
.Onditinn. _I Hank orofession.l-- A ge. ' ~_ ~ Droelling/'lace.
Length or' Residence.
Date of notice entered-_185- : ~ The issue of this certificate has not
been forbidden by any
Date of certificate given 185- person authorized to forbid the issue
thereof.
Witness my hand this day of____-_-_._..-___185.
(Signed), Registrar.
This certificate will be void unless the marriage is solemnized nn or
before the-- _ clay of __.__-185
SCHEDULE, C.
.`TARIIIAOE ItFC18'FEIt ROOF.
CEII'rIFICATE OF ,IAI7IIIAGE.
I - _
o ~ ~ e ° ~ ~ ~ e 5 u o °
~ a
e ~i y
~ ~ 5 C .Vo. ~ o C
Aro. ~ ro ~ n . ~ ~ ~ g :n
ro h
e ''t y o :? o 'S
C ~ ~ W ~ ~ h~ ~ GC
I ;~
M arried at by (or before) me,
Jlfai-riage Registrar.
This marriage ~ ~ in the pre
was solemnized scnce of us,
between us,
Married at by (or before) me,
,Jlar'riaryc Registrar.
This marriage ~ in the pre-
was solemnized ~ t sense of us,
between us,
[Repealed by O~dinance A0. 14 of 1875.
NOTE-T7ec fnllnacing Scale of fees iuasfiautl by the Garecvrar in.
(itx-ncllare7t, 1852,
to be taketa by the Reyixtraruvdar the Ordinance.
For receiving each notice of marriage,
................................................................. 1.00
publishing each notice of marriage, . , 2.00
issuing each certificate, . 3.00
~, every marriage forbidden or protest entered, 5.00
registering each marriage, ......................................... 2.00
In cases in which it shall appear that the parties are enable to pay the
above fees, it shall be
competent, on application being made to him, for the Colonial Secretary
to direct the remission of some
part bet. not more than one-half thereof.
257
Title.
Marriage of Christians in Hongkong may be solemnized under this Ordinance.
Notice of intended marriage to be given to a Marriage Registrar of the Colony.
Appointment of Registrars.
Certificate of notice to be issued on request.
Proviso.
Inspection and publication of notices.
Who to give consent of parties under age.
Issue of Registrar's certificate may be forbidden.
Form of certificate.
How issue of certificate may be forbidden.
References by the Registrar in cases of doubt.
After issue of certificate, marriage may solemnized in the presence of Marriage Registrar and two witnesses at prescribed hours, according to ceremonies the parties may adopt.
Places where ceremony is to be solemnized.
When the marriage is not solemnized within three months after notice, new notice required.
Marriages to be registered.
Certificates of marriage to be tramsmitted to Colonial Secretary, &c., &c.
Proof of residence of parties or consent not necessary to establish marriage.
Registrar may ascertain particulars.
Persons vexatiously protesting liable to costs and damages.
Searches may be made and certificates given.
Penalty for falsifying or destroying Register Book.
Accidental errors may be corrected.
Punishment of persons making false oath or declaration.
Limitation of prosecution.
Governor in Executive Council to appoint fees to be taken by Registrars.
Marriages may continue to be solemnized as heretofore.
Marriages under this Ordinance valid.
No. 1 of 1852.
An Ordinance for certain Marriages in the Colony of Hongkong.
[16th March, 1852.]
WHEREAS it is deemed expedient to amend the law of marriages in the said
Colony: Be it therefore enacted and ordained by His Excellency the
Governor
of Hongkong, with the advice of the Legislative Council thereof, as
follows:
1. From and after the passing of this Ordinance, in every case of marriage
intended to be solemnized in the said Colony where one or both of the
parties is or
area person or persons professing the Christian religion, such marriage
may be sol-
.emnized under the provisions of this Ordinance; and where such marriage
is intended
to be so solemnized, one of the parties shall give notice in writing to a
Marriage
Registrar of the said Colony to be appointed under the provisions of this
Ordinance,
both parties having previously resided for a term of not less than seven
days in the
said Colony, such notice to be in the form of schedule 1, to this
Ordinance annexed,
or to the like effect, and shall state therein the name and surname and
the profession
or condition of both of the parties intending marriage, the
dwelling-place of each of
them, and the time, not being less than seven days, during which each has
dwelt
therein, provided that if either party shall have dwelt in the place
stated in the notice
during more than one calendar month, it may be stated therein that he or
she bath
dwelt there one month and upwards.
nA In
oint ent
gistrars.
Proviso,
inspection and
Publication of
notices.
Who to give
consent if par,
rtes under age.
Issue of Regis-
trar 's certificate
-mn1 be forbid.
den.
torn, of certitt-
date.
ORDINANCE No. 1 or 182.
Marriage.
2. It shall and may be lawful to and for the said Governor of the said
Colony
from time to time to nominate and appoint fit and proper persons ~to act
as such
Registrars, and from time to time to remove such Registrars and appoint
others in
their place.
Certificate of 3. Any Marriage Registrar upon being requested so to do by
or on behalf of the-
nntire to be Is-
sued nnrnnueat. party by whom the notice was given, and one of the parties
intending marriage having
made oath or declaration as hereinafter required, shall issue under his
hand a certi-
ficate of such notice having been given and of such oath or declaration
having been
made; Provided no lawful impediment according to the law of England be
shewn to
the satisfaction of the Marriage Registrar why such certificate should
not issue, and
the issue of such certificate have not been sooner forbidden, in manner
hereafter
mentioned, by any person or persons by this Ordinance authorized in that
behalf
Provided always, that where by such oath or declaration it appears that
one of the
parties intending marriage (not being a widower or widow) is under
twenty-one years.
of age, the Marriage Registrar shall not issue such certificate until the
expiration of
fourteen days after the giving of such notice; and it is further
provided, that the
Marriage Registrar shall file all such notices and keep them with the
records of his
office, and shall also forthwith enter a true copy of all such notices
fairly into a book
to be called the 'Marriage Notice Book,' which shall be open at alt
reasonable times
without fee to all poisons desirous o£ inspecting the same, and such
Registrar shall.
publish all such notices of marriage by causing a copy of such notices to
be affixed on.
ono of the entrance doors of the Supreme Court.
4. The father, if living, of any party under twenty-one years of age,
such party
not being a widower or widow, or, if the father be dead, the guardian or
guardians of
the person of the party so under age lawfully appointed, or one of them,
and in case
there he no such guardian, then the mother of such party, if unmarried,
shall have
authority to give consent to the marriage of such party; and such consent
is hereby
required for the marriage of such pasty so under age unless there be no
person au-
thorized to give such consent resident within the said Colony.
5. Every person whose consent to a marriage is required as aforesaid is
hereby
authorized to forbid, in manner as hereafter provided, the issue of the
Marriage
Registrar's certificate; and in case the issue of any such certificate be
so forbidden,
the notice and all proceedings thereupon shall be utterly void: Provided
always, that
(subject to the provisions hereafter mentioned) if either of the parties
intending mar-
riage allege that the person forbidding the issue of such certificate is
n Qt authorized
by law so to do, the Marriage Registrar shall examine into such
allegation, and if ba-
be satisfied that such person is not authorized as aforesaid shall act in
like manner.
and the like proceedings may be lied under this Ordinance in relation to
such mar-
riage as if the issue of such certificate had not been forbidden .by such
person.
6. The certificate to be issued by the Marriage Registrar under the
provisions of-
the third section of this Ordinance shall be in the form of schedule B to
this Ordinance-
annexed, or to the like effect.
ORDINANCE NO. 1 of 1852.
Ilfarriage.
7. Any person authorized in that behalf may forbid the issue of the
Marriage How issue or
certificate mny
Registrars certificate by writing at any time before the issue of such
certificate the be forbidden.
word 'Forbidden' opposite to the entry of the notice of such intended
marriage in
the Marriage Notice Book, and by subscribing thereto his or her name and
place of
abode and his or her character in respect of either of the parties by
reason of which he
or she is so authorized, and the said word 'Forbidden' so written and
subscribed as
aforesaid shall be deemed a protest within the meaning of this Ordinance.
8, In all cases where the Marriage Registrar shall not be satisfied that
the ileforeneesby
the Registrar in
person forbidding the issue of the certificate is authorized by law so to
do, the said eases of doubt.
Marriage Registrar shall apply by petition to the Supremo Court of
Hongkong, and
the said petition shall state all the circumstances of the case and pray
for the order
and direction of the Court concerning the same, and the said Supreme
Court or any
Judge thereof shall be empowered to examine into the allegations of the
petition and
the circumstances of the case in a sunnnary way; and if upon such
examination it
shall appear that the person forbidding the issue of such certificate is
not authorized
by law so to do, such Supreme Court or a Judge thereof shall declare that
the person
forbidding the issue of such certificate is not authorized as aforesaid,
and that then
and in such case such certificate shall be issued and the like
proceedings may be had
under this Ordinance in relation to such marriage as if the issue of such
certificate had
not been forbidden by such person.
a. After the issue of the certificate of the Marriage Registrar, marriage
may be
solemnized between and by the parties described in such certificate or
certificates
according to such form and ceremony as they may see fit to adopt.
Provided never-
theless that such marriage shall be solemnized between the hours of six
in the morn.
ing and seven in the evening in the presence of the Marriage Registrar,
to whom
shall be delivered such certificate or certificates as aforesaid and of
two or more
witnesses, and that in some part of the ceremony each of the parties
sliall declare,
'I do solemnly declare, that I know not of any lawful impediment why I,
A. B., may
not be joined in matrimony to C. D.,' or shall declare to the like
effect; and each of
the panties shall say to the other, 'I call upon these persons here
present to witness
that I A. B. do take thee C. D. to be my lawful wedded wife [or husband,'
or other
words to the like effect: Provided also that there be no lawful
impediment to the
marriage of such parties.
10. And such ceremony shall be solemnized in some public place of
Christian
worship, or at the office of the said Registrar, unless in such cases
where the Governor
of the said Colony shall by special licence for that purpose authorize
such solemniza-
tion to be had at some other place.
11. When a marriage is not solemnized within three calendar months after
the
notice shall have been so entered by the Marriage Registrar, the notice
and certificate
which may have been issued thereupon and all other proceedings thereupon
shall be
utterly void; and no person shall proceed to solemnize the marriage nor
shall any
Marriage Registrar register the same until new notice shall have been
given and entry
made, and certificate thereof given, at the time and in the manner
aforesaid.
After iaanC of
certificate, nmr-
1'Ia,P,'e May be
solemnized in
the presence of
Marriage Regis-
trar and two
witnesses at
prescribed hours,
according to cer-
emenies the par-
ties may adept.
plnces where
ceremony is to
be solenmized.
When the mar-
riage is not sol-
emnized within
three months
after notice, mew
notice required. .
Marriages to be
'regtetered.
Oertifieates of
marriage to be
transmitted to
colonial Secre-
tary, &c., &a.
Ptroof ePresldenee
nYlnntles or
<anse»t opt
necessary to en-
tabitsb maroage,
1teglAtrar Mat'
asaortatn purLl-
cnlars.
Persons vexn
tfonsll pro estiuu
114141e to costs and
damages.
I'ennlfi-
fj my mede,-
troying Register
lieu I:.
ORDINANCE No. 1 of 1852.
Marriage.
12. After the solemnization of any marriage under this Ordinance, the
Marriage.;
Registrar present at the solemnization thereof shall forthwith register
such marriage
in duplicate, that is to say, in a boob to be called the 'Marriage
Register Boob'
according to the form of schedule G to this Ordinance annexed, and also
in a certificate
attached to the Marriage Register Book, as a counterfoil; and the entry
of such mar-
riage in both the certificate and the Marriage Register Book shall be
signed by thE--
person by or before whom the marriage has been solemnized, if there be
any such
person, and by the Marriage Registrar present at such marriage, whether
or not tlie-
lnarriage is solemnized by him, and also by the parties married, and
attested by twice
witnesses; and every such entry shall be made in order from the beginning
to the end
of the book, and the number of the certificate shall correspond with that
of the entry
in the Marriage Register Book.
13. The Marriage Registrar shall separate the certificate from the
Marriage-
ReglBter Book, and transmit it, at the end of every month, to the
Colonial Secretary
of the Colony, or to such other person as the Governor thereof may
appoint for the
purpose; and the Marriage Registrar shall keep safely the said register
Book until
it be filled, and shall then transmit the same to the said Secretary or
other person to-
be appointed as aforesaid, to be kept by him with the records of his
office.
14. After any marriage has been solemnized under this Ordinance, it shall
not be:
necessary in support of such marriage to give any proof in respect to
tile dwelling of`
the parties or the consent of any person, whose consent thereunto is
required by
law, nor shall any evidence be given to prove the contrary in any suit
touching tlte-
validity of such marriage.
15. It shall be lawful for the Marriage Registrar before whom any
marriage is
solemnized according to the provisions of this Ordinance to ask the
parties to be
married the several particulars required to be registered touching such
marriage.
18. Every person who shall enter a protest with the Marriage Registrar
against
the issue of any such certificate on grounds which such Marriage
Registrar, or the
Supreme Court, or a Judge thereof, or other person, to whom on the
refusal of such
certificate an application is authorized by this Ordinance, declares to
be frivolous and
such as ought not to obstruct the issue of tile certificate, shall be
liable for the costs of
all proceedings in relation thereto, and for damages, to be recovered by
suit by the
party against whose marriage such protest was entered.
Gear<ner may b© 17. Every Marriage Registrar or other person who shall
have the custody for the
nnule u».1 ccrti- .
'ettre give,. time being of a Register Book of umrriages under this
Ordinance shall at all reasonable---
times without fee, allow searches to be made of such Register Book and
shall give -
a copy certified under his hand of any entry or entries in the same.
18. And every person who shall wilfully destroy or injure or cause to be
destroyed
or injured any such register Book, or the counterfoil certificates
thereof, or any part
or certified copy thereof, or shall falsely mane or counterfeit or cause
to be falsely
made or counterfeited any part of such Register Book or of such
counterfoil. certificates
or of certified copies thereof, or shall wilfully insert or cause to be
inserted in any
ORDINANCE No. 1 0F, 1852.
.Marriage.
Register Book or counterfoil copy or certified copy thereof any false
entry of any
marriage, or shall wilfully give any false certificate, or shall certify
any writing to be
a copy or extract of any Register Book or counterfoil thereof knowing the
same
Register Book or counterfoil copy to be false in any part thereof, shall
be guilty of felony.
19. Any person charged with the duty of registering any marriage who
shall dis-
cover any error to have been committed in the form or substance of any
such entry
may within one calendar month next after the discovery of such error in
the presence
of the parties married, or in case of their death or absence in the
presence of two other
credible witnesses who shall respectively attest the same, correct the
erroneous entry
according to the truth of the case by entering in the margin without any
alteration of
the original entry and shall sign the marginal entry and add thereunto
the day of the
month and year when such correction shall be made, and he shall make the
like
marginal entry attested in the like manner in the aforesaid counterfoil
certificate thereof.
20. .Every person who shall knowingly and wilfully make any false oath or
false
deolaration or' sign any false notice or certificate required by this
Ordinance for the
purpose of procuring any marriage to be solemnized, and every person who
shall forbid
the issue of any Marriage Registrar's certificate by falsely representing
himself or
herself to be a person whose consent to such marriage is required by law,
knowing such
representation to be false, shall, on conviction, be liable to suffer the
penalties of perjury.
21. Every, prosecution under this Ordinance shall be commenced within the
space
of two years after the offence committed.
22. The Governor of the Colony aforesaid with the advice of the Executive
Council thereof may from time to time appoint reasonable fees to be taken
by Registrars
of the parties intending marriage for receiving and publishing notices of
marriage, stud
fur issuing certificates, entering protests, and registering marriages
under this Ordinance.
23. Nothing herein contained shall be held to invalidate or affect any
marriage
which may be solemnized in the Colony aforesaid by persons in Holy
Orders, or the
right of any officiating minister to receive the fees now usually paid
for tile performance
or registration of any marriage.
24. All marriages solemnized under this Ordinance shall be good and valid
in law
to all intents and purposes.
SCHEDULES TO WHICH THIS ORDINANCE REFERS.
SCHEDULE A.
.A'ot%ce of DTarxiage.
1'0 ----. a Registrar of Marriages in the Colony of Hongkoug :-
I hereby give yon notice, that a marriage is intended to he had, within
three calendar months from the slate hereof
between me and the other party herein named and described.
Navnea. sl Cbndition, I .Rank or I'roJ'esaim:. I Age.
Accidental errors
may be correct-
ed.
Punishment of
pereona making
thlse oath or tle
duration.
i.hnttatlon o£
prosecution.
Govern' In
liseetttive Codn-
cil to appoint feos
to be taken by
Registrars,
Marriages may
continue to he
solemnized as
heretofore.
Marriages under
this Ordinance
valid.
Dwelling Place. , Length of Residence.
Witness my hand this
___.day of 180
ORDINANCE No. I OF 1852.
I1larriagge.
ScnEDULI7 73.
Registrar's 6e2-tiflcatp'
I__-__ _- _ , a llcgistrar of Marriages in the Colony of Hongkong, do
bereby certify, that on
notice (lay-as notice was dn)y entered in the Marriage -Notice Book of
the said Colony
of the marriage intended between the parties tberein named and described,
delivered under the hand
of,
___-_, one of the parties, (that is to say.)
.Onditinn. _I Hank orofession.l-- A ge. ' ~_ ~ Droelling/'lace.
Length or' Residence.
Date of notice entered-_185- : ~ The issue of this certificate has not
been forbidden by any
Date of certificate given 185- person authorized to forbid the issue
thereof.
Witness my hand this day of____-_-_._..-___185.
(Signed), Registrar.
This certificate will be void unless the marriage is solemnized nn or
before the-- _ clay of __.__-185
SCHEDULE, C.
.`TARIIIAOE ItFC18'FEIt ROOF.
CEII'rIFICATE OF ,IAI7IIIAGE.
I - _
o ~ ~ e ° ~ ~ ~ e 5 u o °
~ a
e ~i y
~ ~ 5 C .Vo. ~ o C
Aro. ~ ro ~ n . ~ ~ ~ g :n
ro h
e ''t y o :? o 'S
C ~ ~ W ~ ~ h~ ~ GC
I ;~
M arried at by (or before) me,
Jlfai-riage Registrar.
This marriage ~ ~ in the pre
was solemnized scnce of us,
between us,
Married at by (or before) me,
,Jlar'riaryc Registrar.
This marriage ~ in the pre-
was solemnized ~ t sense of us,
between us,
[Repealed by O~dinance A0. 14 of 1875.
NOTE-T7ec fnllnacing Scale of fees iuasfiautl by the Garecvrar in.
(itx-ncllare7t, 1852,
to be taketa by the Reyixtraruvdar the Ordinance.
For receiving each notice of marriage,
................................................................. 1.00
publishing each notice of marriage, . , 2.00
issuing each certificate, . 3.00
~, every marriage forbidden or protest entered, 5.00
registering each marriage, ......................................... 2.00
In cases in which it shall appear that the parties are enable to pay the
above fees, it shall be
competent, on application being made to him, for the Colonial Secretary
to direct the remission of some
part bet. not more than one-half thereof.
257
Title.
Marriage of Christians in Hongkong may be solemnized under this Ordinance.
Notice of intended marriage to be given to a Marriage Registrar of the Colony.
Appointment of Registrars.
Certificate of notice to be issued on request.
Proviso.
Inspection and publication of notices.
Who to give consent of parties under age.
Issue of Registrar's certificate may be forbidden.
Form of certificate.
How issue of certificate may be forbidden.
References by the Registrar in cases of doubt.
After issue of certificate, marriage may solemnized in the presence of Marriage Registrar and two witnesses at prescribed hours, according to ceremonies the parties may adopt.
Places where ceremony is to be solemnized.
When the marriage is not solemnized within three months after notice, new notice required.
Marriages to be registered.
Certificates of marriage to be tramsmitted to Colonial Secretary, &c., &c.
Proof of residence of parties or consent not necessary to establish marriage.
Registrar may ascertain particulars.
Persons vexatiously protesting liable to costs and damages.
Searches may be made and certificates given.
Penalty for falsifying or destroying Register Book.
Accidental errors may be corrected.
Punishment of persons making false oath or declaration.
Limitation of prosecution.
Governor in Executive Council to appoint fees to be taken by Registrars.
Marriages may continue to be solemnized as heretofore.
Marriages under this Ordinance valid.
Abstract
257
Title.
Marriage of Christians in Hongkong may be solemnized under this Ordinance.
Notice of intended marriage to be given to a Marriage Registrar of the Colony.
Appointment of Registrars.
Certificate of notice to be issued on request.
Proviso.
Inspection and publication of notices.
Who to give consent of parties under age.
Issue of Registrar's certificate may be forbidden.
Form of certificate.
How issue of certificate may be forbidden.
References by the Registrar in cases of doubt.
After issue of certificate, marriage may solemnized in the presence of Marriage Registrar and two witnesses at prescribed hours, according to ceremonies the parties may adopt.
Places where ceremony is to be solemnized.
When the marriage is not solemnized within three months after notice, new notice required.
Marriages to be registered.
Certificates of marriage to be tramsmitted to Colonial Secretary, &c., &c.
Proof of residence of parties or consent not necessary to establish marriage.
Registrar may ascertain particulars.
Persons vexatiously protesting liable to costs and damages.
Searches may be made and certificates given.
Penalty for falsifying or destroying Register Book.
Accidental errors may be corrected.
Punishment of persons making false oath or declaration.
Limitation of prosecution.
Governor in Executive Council to appoint fees to be taken by Registrars.
Marriages may continue to be solemnized as heretofore.
Marriages under this Ordinance valid.
Title.
Marriage of Christians in Hongkong may be solemnized under this Ordinance.
Notice of intended marriage to be given to a Marriage Registrar of the Colony.
Appointment of Registrars.
Certificate of notice to be issued on request.
Proviso.
Inspection and publication of notices.
Who to give consent of parties under age.
Issue of Registrar's certificate may be forbidden.
Form of certificate.
How issue of certificate may be forbidden.
References by the Registrar in cases of doubt.
After issue of certificate, marriage may solemnized in the presence of Marriage Registrar and two witnesses at prescribed hours, according to ceremonies the parties may adopt.
Places where ceremony is to be solemnized.
When the marriage is not solemnized within three months after notice, new notice required.
Marriages to be registered.
Certificates of marriage to be tramsmitted to Colonial Secretary, &c., &c.
Proof of residence of parties or consent not necessary to establish marriage.
Registrar may ascertain particulars.
Persons vexatiously protesting liable to costs and damages.
Searches may be made and certificates given.
Penalty for falsifying or destroying Register Book.
Accidental errors may be corrected.
Punishment of persons making false oath or declaration.
Limitation of prosecution.
Governor in Executive Council to appoint fees to be taken by Registrars.
Marriages may continue to be solemnized as heretofore.
Marriages under this Ordinance valid.
Identifier
https://oelawhk.lib.hku.hk/items/show/70
Edition
1890
Volume
v1
Cap / Ordinance No.
No. 1 of 1852
Number of Pages
6
Files
Collection
Historical Laws of Hong Kong Online
Citation
“MARRIAGES ORDINANCE,” Historical Laws of Hong Kong Online, accessed November 17, 2024, https://oelawhk.lib.hku.hk/items/show/70.
