THE HONGKONG GOVERNMENT GAZETTE, 21ST JANUARY, 1893.
No. 3 OF 1893.
An Ordinance enacted by the Governor of Hong- kong, with the advice and consent of the Legislative Council thereof, to amend The Marriage Ordinance, 1875.
LS
WILLIAM ROBINSON,
Governor.
[17th January, 1893.]
WHEREAS it is expedient in certain cases to permit
marriage in articulo mortis without previous com- pliance with certain preliminary requirements of The Marri- age Ordinance, 1875.
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 Marriage in Articulo Mortis Ordinance, 1893.
2. It shall be lawful for any competent minister to celebrate a marriage without the previous delivery to him of the Registrar General's certificate or the Governor's special licence, in the following special case, that is to say where the marriage is between two persons who have lived together in unlawful concubinage and one of them is in articulo mortis,—
(a) No such marriage shall be celebrated unless both the parties are able to signify their consent thereto and do so in presence of two witnesses. (b) No such marriage shall be celebrated where either of the parties is under twenty-one years of age, not being a widower or widow, unless the per- son whose consent is required is present and gives his or her consent verbally.
(c) No such marriage shall be valid which would be null and void on the ground of kindred or affinity, in England.
(d) The minister celebrating any such marriage shall, within 7 days from the celebration thereof, for- ward to the Registrar General a certificate in the form in the Schedule hereto. Such certi- ficate shall be signed by such minister and where practicable by the persons so married and by the witnesses to the marriage, and if either of the parties is unable to sign the minis- ter shall certify accordingly. The Registrar General shall file such certificate in his Office. No marriage cclebrated under the provisions of this Ordi- nance shall be valid unless the foregoing conditions are observed.
3. No marriage in articulo mortis shall revoke any Will or Codicil previously made by either of the parties to such marriage, but such Will or Codicil shall have the same validity as if such marriage had not taken place.
4. (1) Whosoever shall knowingly celebrate any mar- riage in purported pursuance of this Ordinance contrary to or not in accordance with any provision thereof and who- soever not being legally competent shall celebrate any mar- riage under this Ordinance shall be guilty of a misdemea- nour and upon conviction thereof before the Supreme Court shall be liable to be imprisoned for any term not exceeding 2 years with or without hard labour.
(2) Any minister who after celebrating any marriage under this Ordinance fails to transmit the certificate thereof in accordance with Section 2 (d) shall be liable on summary conviction by a Magistrate to a penalty not exceeding $50. Passed the Legislative Council of Hongkong, this 11th day of January, 1893.
Assented to by His Excellency day of January, 1893.
F. H. MAY, Acting Clerk of Councils.
the Governor, the 17th
G. T. M. O'BRIEN, Colonial Secretary.
Title.
Recital.
Short title.
Where marri- age in articulo mortu may ba celebrated.
Conditions.
Testamentary Dispositions not to be revoked by marriage in articulo inortis,
Offences.
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