MARRIAGE ORDINANCE, 1875

MARRIAGE ORDINANCE, 1875

No. 7 of 1875.
To provide a general Register of Marriages celebrated in the
Colony. [in force 1st March,1876.]
[Preamble rep. No. 62 of 1911.]

1. The Marriage Ordinance, 1875.

2.-(1) The Registrar General shall be Registrar of Marriages,
and, to assist him, the Goverrior may appoint, one or more Deputy
Registrars, and such deputies may celebrate marriages, and may
exercise all the other powers and perform all the duties conferred
upon the Registrar General by this Ordinance.
(2) All acts done by a deputy shall be as valid as if done,by the
Registrar General.

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

4.Whenever the Governor grants or cancels any such licence,
the Registrar General shall give public notice thereof in the

Gazette.

5.-(1) Whenever any persons desire to marry, one of the
parties to the intended marriage shall give notice thereof to the
Registrar General in form No. 1 in the Ist schedule.





(2) Every such notice shall be signed by the party giving the
notice.

6.-(1) The Registrar General shall file every such notice in his
office.
(2) He shall exhibit one copy of such notice at the Registrar
General's Office, and may, if he thinks fit, exhibit copies in other
conspicuous places open to the public, and shall keep every such
copy so exhibited until he issues a certificate as hereinafter
mentioned or until the 3 months referred to in section 10 expire.
(3) He shall also enter a copy of the said notice, with the date
of such entry, in a book to be called the Marriage Notice Book.
(4) He shall allow any person to inspect such hook during office
hours without fee.

7. The Registrar General shall supply forms of notice gratui-
tously to persons applying for the same.

8. At any time not more than 3 months or (except when the
Governor grants a licence) less than 15 days after the giving of

such notice, the Registrar General shall, on the request of either
of the parties, issue a certificate in the form No. 2 in the Ist
schedule.

9. The Governor may, at any time after a party has given notice
as aforesaid, grant a licence, in the form No. 3 in the 1st schedule,
authbrising the Registrar General to issue his certificatc on or
after any day named in such licence.

10. If the marriage does not take place, within 3 montils after
the giving ofter above-mentioned notice, the notice given and all
proceedings thereupon shall be utterly void, and fresh notice will
be required before any marriage can be had between the parties.

11-(1) The Governor may, when he sees fit, grant a special
licence, in the form No. 4 in the 1st schedule, dispensing with
notice as aforesaid, or with the certificate of the Registrar General,
or with both, and authorising the celebration of a marriage

between the partics named at a place and at a time specified in
the licence.





(2) The Governor may grant such licence without payment of
any fee, or on payment of such reduced fee as, under the special
circumstances of the case, he may think sufficient.

12. Before the Registrar General issues any certificate and
before the Govenor grants any licence, one of the parties to the
intended marriage shall appear personally before the Registrar
General and make affidavit the Registrar General is hereby
authorised to take)that he or she believes that there is not only
impediment of kindred or alliance or any other lawful hindrance to
the marriage,and either that the consent of the parties required
by law to consent to the marriage has been obtained or that no
such consent is required.

13. If either party to the intended marriage, not being a
widower or a widow, is under 21 years of age, the written consent
of the fater,or, if he is dead or non compos mentis, of the
mother,or, if both are dead or non compos mentis, of the lawful
guardian of such party,must be produces to the Registrar General
before he issues a certificate or to the Governor before he grants a
licence.

14. If there is no parent or guardian of such party residing in

the Colony and Capable of consenting,the Registrar General may

give his consent in writing to the marriage, if on inquiry the
marriage appears to him to be proper, and such consent shall be
as effectual as if the father or mother or guardian had consented.

15.-(1)Any person whose consent is required as aforesaid may
forbid the issue of the Registrar General's certificate by writing
the word 'Forbidden' opposite the entry in the Magistrate Notice
Book, and by signing his name and the character in which he
forbids the issue.
(2)If the issue of any certificate is so forbidden, the notice and
all proceedings thereupon shall be void.

16-(1) If either of the parties to the intended marriage alleges
that the person forbidding the issue of the certificate is not
authorised by law to do so,the Registrar General shall inquire
into the matter, and if he is satisfied that the person is not so
authorised, he may proceled to issue the certificate in due course,
without reckoning the time that has elapsed since the issue was
forbidden.





(2) For the purposes of such inquiry or of any inquiry under
section 14, the Registrar General may administer an oath to any
person.
17.-(1) If the Registrar General considers that the person
forbidding the issue of the certificate is authorised to do so, either
of the parties to the intended marriage may appeal by petition to
the Supreme Court,and the Court or Judge may hear and deter-
mine the matter of the petition in a summary way.
(2) Such determination shall be final ; and the Registrar
General shall proceed in accordance therewith,without reckoning
the time that has elapsed since the issue was forbidden.

18. Every person who-
(1) wilfully makes any false statement in any affidavit as afore-
said ; or

(2)wilfully makes upon oath any false statement or gives any
false answer in any inquiry by the Registrar General,
shall be liable to imprisonment for any term not exceeditig 2 years.

19.-(1) Marriages may be celebrated in any licensed place of
worship by any competent minister of the chruch,denomination,
or body to which such place of worship belongs, and according to
the rites or usages of marriage observed in such church, denomi-
nation, or body, provided that the marriage is celebrated with
open doors, and (except in case of a special licence) between 6
a.m. and 6 p.m., and in the presence of two or more witnesses,
besides the officiating minister.
(2) No minister shall celebrate any marriage until the parties
deliver to him tbe Registrar General's certificate or Governor's
special licence.

20.-(1) The Registrar General shall canse to be prepared and
delivered to the several licensed places of worship books of
marriage certificates in duplicate and with butts in the form No. 5
in the 1st schedule.
(2) The certificate shall be signed in duplicate by the officiating

minister,by the parties,and by two or more witnesses to the
marriage.






(3) The minister shall deliver one certificate to the parties,
immediately after the marriage,and shall transmit the other to

the Registrar General within 7 days thereafter, who shall file the
same in his office.
(4) The officiating minister shall enter in the butt the names of
the parties and the date of the marriage.

21.-(1) After the of a certificate by the Registrar
General, the parties may, if they think fit, contract a marriage
before the Registrar General:Provided that, before they are per-
mitted to do so, each of the parties shall sign a written declaration
in the presence of the Registrar General,which he shall witness,
in the form No. 6 in the 1st schedule.
(2) Such declaration shall, if necessary, be interpreted to both
or either of the parties in their or his or tier own language in the
presence of the Registrar General, and the person interpreting
such declaration shall subscribe his name to it as interpreter.
(3) The marriage shall tahe place in the presence of two or
more witnessos, in the Registrar General's office, with open doors,
and (except in case of a special licence) between 10 a.m. and 4
p.m., and in the following manner:-
(a) the Registrar General shall first address the parties to the
following effect:-
'Know ye, A.B., and C.D., that, by the public taking of
each other as man and wife in my presence and in the presence
of the persons now here,and by the subsequent attestation
thereof by signing your names to that effect, you become
legally married to each other although no other rite of a civil
or religious nature shall take place; and know ye further that
this marriage caiinot be dissolved during your lifetime,except
by a valid judgment of divorce, and that if either of you, be-
fore the death of the other,shall contract another marriage
while this remains undissolved,you will thereby be guilty of
bigamy, and be liable to the punishment inflicted for that
grievous offence : ' and
(b) each of the parties shall then say to the other:-
'I call upon all persons here present to witness that I,
A.B., do take thee, C.D., to be my lawful wife [or husband].'
(4) The Registrar General and the parties and witnesses shall
thereupon sign duplicate certificates in the form and manner
hereinbefore prescribed.
(5) The Registrar General shall deliver one certificate to the
parties and shall file the other in his office.




22. Whenever the Governor's special licence authorises the
celebration of a marriage at a place other than a registered place
of worship or the office of the Registrar GeneraI, the Begistrar

General, on taking the affidavit of one of the parties to the
marriage, shall deliver to him or her a blank certificate of marriage
in duplicate,and the minister celebrating the marriage, the
parties, and two witnesses shall sign the same,in manner herein-
before prescribed, and the minisfer shall deliver one certificate to
the parties,immediately after the marriage,and shall transmit the
other to the Registrar General within 7 days thereafter,and the
Registrar General shall file the same in his office.

23, The Registrar General shall register all certificates of
marriage filed in his office in such order and manner as he thinks
best suited for easy reference thereto.
24. Any certificate of marriage filed in the office of the
Registrar General, or a copy thereof, proovided it purports to be
signed and certified as a true copy by the Registrar General and
to be sealed or stamped with his official seal,shall be admissible as
evidence of the marriage to which the same relates in any Court
or before any person having by law or by consent of parties
authority to hear, receive, and examine evidence.

25. The Registrar General may,when authorised by the
Colonial Secretary to do so, correct any clerical error in any
certificate of marriage on production to him of the certificate de-
livered to the parties,and shall authenticate every such correction
by his signation,or by making the same with his initials, and the
date of making the correction.

25a. The Registrar General may allow searches to be made
amongst all ceritificates,licences,registers and indices in his
possession and give a certified copy of any entry therein, and issue
a cerfificate to the effect that there is no recrod of a marriage
between certain persons named having taken place.

26.-(1)No marriage shall be valid which would be null and
void on the ground of kindred or affinity in England or Wales.





(2) A marriage shall be null and void if both parties knowingly
and wilfully acquiesce in its celebration in any place other than
the office of the Registrar General or a lisensed place of worship
(except when authorised by special licence),or under a false name
or without a certificate of notice or liecence duly issued, or by a
person not being a competent minister or the Registrar General
or his deputy.
(3) But no marriage shall, after celebration, be deemed invalid
by reason that any provision of this Ordinance, other than the
foregoing,has not been complied with.

27. All marriages celebrated under this Ordinance shall be good
and valid in law to all intents and purposes.

28, Every person who, knowing that the written consent of the
proper person as herein prescribed has not been obtained, marries,
or assists or procures any ofter person to marry, a person under
the age of 21 years, not being a widow or widower,shall be guilty
of a misdemeanor, and shall be liable to imprisonment for any
term not exceeding 2 years.

29. Any minister who-
(1) wilfully celebrates a marriage in the case of minor, with-
out such written consent as herein prescribed;or
(2) wilfully celebrates a marriage contrary to any other provi-
sion of this Ordinance, or knowing that any provision of this
Ordinance has not been complied with,
shall be guilty of a misdemeanor,and shall be liable to imprison-
ment, without hard labour, for any term not exceeding 2 years.

30. Any minister who, after celebrating a marriage, fails to
transmit the certificate thereof to the Registrar General within 7
days thereafter shall be liable to a fine not exceeding 50 dollars.
31.Every person who wilfully removes,defaces, alters, or
destroys any copy of a notice of intended marriage shall be liable
to a fine not exceeding 25 dollars.


32. Every person who knowingly and wilfully celebrates or pre-
tends to celebrate a marriage,not being competent to do
so,shall be guilty of a misdemeanor,and shall be liable to im-
prisonment for any term not exceeding 2 years.




33. All fines for offences against this Ordinance may be recover-
ed in a summary way before a Magistrate.

34. The forms in the last schedule may be used in the cases to
which they are applicable with such alterations as circumstances
may render necessary.

35. The fees specified in the 2nd schedule shall be pid to the
Registrar General for the several matters to which they are ap-
plicable; provided always that it shall be lawful for the Governor-
in-Council to make such alterations therein as shall be deemed
advisable.

36. The Registrar General may,in any case where he is satisfied
of the poverty of the parties, reduce the, aniowit, of the said fees
or even remit them altogether.

37. Chinese persons may be permitted to contract marriage be-
fore the Registrar General under this Ordinance only on proving
to his satisfaction:-
(a) that both parties were born in the Colony or are permanent-
ly resident therein ; and
(b) that a marriage has already been contracted or is about to
be contracted between the parties according to the rites and
customs observed in China; and
(c) that neither of the parties has living an undivorced husband
or wife other than the person with whom she or he desires to
contract marriage under this Ordinance.
Provided always tbat the Govertior shall have power where the
circumstances appear to him to justify his so doing to grant a
special licence under section 11 to any person who desires to con-
tract a marriage under this Ordinance,and in such case this Ordi-
nance shall apply to the marriage of the parties in respect of whom
the special licence is granted.

38. Save as is provided by the last section this Ordinance shall
apply to all marriages where neither of the parties has living an







undivorced husband or wife, except marriages between persons
neither of whom professes the Christian religion duly celebrated
according to the personal law and religion of the parties,

FIRST SCHEDULE.

FORM No. 1. [s.5.]

Notice of Marriage.

To the Registrar General of Hongkong.

I hereby give you notice that a marriage is intended to be had, within 3 months from
the date hereof, between me and the other party herein named.

Witness my hand this day of , 19.
(Signed.) Party giving the notice.


FORM No. 2. [s.8.]
Registrar General's Certificate.
I, ,Registrar General of Hongkong, do hereby certify that on
the day of ,19 , notice was duly entered in the Marriage
Notice Book of the said Colony of the marriage intended to be bad between the parties
herein named and deseribed.

Date of notice entered ,19 The issue of this certificate has not been
Date of certificate given ,19 forbidden by any person authorised to
{ forbid the issue thereon.
Witness my band this day of ,19 .

(Signed.) Registrar General.

This cerbificata will be void unless the marriage is solemnised on or before the
day of ,19 .
This certificate was issued by virtue the Governor's licence dated the day of




FORM No. 3. [s.9.]
Licence to Registrar General to issue Certificate.
HONGKONG.

The Marriage Ordinance, 1875, section 9,

Whereas on the day of ,19 , notice was given to the
Registrar General of a marriage intended to be had between A.B. and C.D. therein
nentioned, and the said A.B. desires to obtain a licence for the immediate issue of a
certificate of such notice, and has made before the said Registrar General the affidavit
required by the marriage Ordinance, 1875, section 12 :Now, therefore, in pursuance
the said Ordinance, I do hereby authorise the said Registrar General to issue the
paid certificate, at any time on or after the day of ,19 ,
and within 3 calendar months of the said day of ,19 .

Given under my hand this day of ,19 .
(Signed.) Governor.
The date of the notice.


FORM No. 4. [s.11.]
Special Licence.
HONGKONG.


The Marriage Ordinanre, 1875, section 11.

Whereas A.B. and C.D. desire to marry, and sufficient cause has been shown to me
by such marriage should be allowed without the formalities prescribed by the Marriage
Ordinance,1875:Now, therefore, in pursuance of the said Ordinance, I do dispense
with the giving of notice and the issue of the certificate thereby prescribed [or as the
case may be] and do hereby authorise any competent person to celebrate marriage be-
tween the said A.B. and C.D. at [place of celebration] on the day of
19 , between the hours of o'clock in the forenoon and o'clock in
he afternoon.

Given under my hand this day of ,19 .
(Signed.) Governor.

FORM No. 5. [s.20.]
Certificate of Marriage.
Hongkong- Ordinance No.7 of 1875,sec.20. Hongkong-Ordinance No.7 of 1875,sec.20.
I Marriage solemnised in the at in Hongkong. I Marriage solemnised in the at in HOngkong. FORM No. 6. [s.21.]

I, A.B., of do hereby declare that I fully understand that by publicly
taking C.D as my wife [or husband,as the case may be]in te presence of the Re-
gistrar General, I shall become lagelly married and bound to the said G.D., although
no other rite of a civil or religious nature shall take place, and I also understand that
the effect of my publicly taking the said C.D. as my wife, [or husband, as the case may
be] as aforesaid is to create between us a marriage which cannot be dissolved during
our joint lives except by a valid judgment of divorce,and that if either of us, before
the death of the other,shall contract another marriage while this one remains undis-
solved, he or she will be guilty of bigamy and will be liable to the punishment for that
offence.

Dated the day of ,19 .

(Signed.) A. B.

Witness, (Signed.) W.X., Registrar General.
Interpreted to the said A.B. in tbe language, in the preseiiee of

W.X., Registrar General.

(Signed.) Y.Z., Interpreter.

SECOND SCHEDULE.
TABLE OF FEES. [s.35.]


Notice of marriage Nil.
Certificate of notice 1 dollar.
Search 1
Certified copy 1
Certificate of absence of any record for a period
not exceeding 10 yeaes 5 dollars.
The same for period exceeding 10 years 10
Licence to Registrar General to issue his cer-
tificate 10
Special licence 50
Marriage at the office of the Registrar General 10
Short title. Registrar of Marriages and Deputy Registrars. Licensing of places of worship. Notification of licence. Giving of notice of intended marriage 1st schedule Form 1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms. Issue of certificate. 1st schedule Form 2. Grant of licence. 1st schedule Form 3. Notice void unless marriage within 3 months. Grant of special licence in case of emergency. 1st schedule Form 4. Affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Registrar General for parent or guardian. Right to forbid issue of certificate. Registrar General may inquire into right to forbid. Appeal against decision of Registrar General. Punishment for false statement upon oath. Celebration of marriage in licensed place of worship. Certificates of marriage. 1st schedule Form 5. Marriage before Registrar General. 1st schedule Form 6. Marriage by special licence at other place. Registration of certificate of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made, and certified copies granted. Invalid marriages. Validity of marriages. Marrying, etc., minor without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removing, etc, notice. Punishment of unauthorised person celebrating marriage. Fines. Use of forms. Fees. Reduction or remission of fees. Marriage of Chinese before Registrar General. Application of Ordinance.

Short title. Registrar of Marriages and Deputy Registrars. Licensing of places of worship. Notification of licence. Giving of notice of intended marriage 1st schedule Form 1. Filing and exhibition of notice and entry in Marriage Notice Book. Supply of forms. Issue of certificate. 1st schedule Form 2. Grant of licence. 1st schedule Form 3. Notice void unless marriage within 3 months. Grant of special licence in case of emergency. 1st schedule Form 4. Affidavit before issue of certificate or grant of licence. Production of written consent. Consent by Registrar General for parent or guardian. Right to forbid issue of certificate. Registrar General may inquire into right to forbid. Appeal against decision of Registrar General. Punishment for false statement upon oath. Celebration of marriage in licensed place of worship. Certificates of marriage. 1st schedule Form 5. Marriage before Registrar General. 1st schedule Form 6. Marriage by special licence at other place. Registration of certificate of marriage. Effect of certificate of marriage or certified copy thereof. Correction of error in certificate of marriage. Searches may be made, and certified copies granted. Invalid marriages. Validity of marriages. Marrying, etc., minor without consent of proper person. Offences by minister. Penalty for failing to transmit certificate. Penalty for removing, etc, notice. Punishment of unauthorised person celebrating marriage. Fines. Use of forms. Fees. Reduction or remission of fees. Marriage of Chinese before Registrar General. Application of Ordinance.

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