2
CAP. 258]
Marriage (War Period) (Validity).
[1964 Ed.
Originally 25 of 1948.
(Cap. 258, 1950)
20 of 1948.
Short title.
(Cap. 181.)
Interpretation.
Application.
Validation of marriages celebrated during the war period.
Prevailing grounds of invalidity.
Relief against penalties
applicable to ministers.
CHAPTER 258.
MARRIAGE (WAR PERIOD) (VALIDITY).
For the removal of doubts as to the validity of certain marriages celebrated in Hong Kong after the outbreak of hostilities with Japan.
[18th June, 1948.]
1. This Ordinance may be cited as the Marriage (War Period) (Validity) Ordinance, and shall be construed as one with the Marriage Ordinance, hereinafter referred to as the principal Ordinance.
2. In this Ordinance, unless the context otherwise requires- "war period" means the period from the 8th day of December, 1941, to the 15th day of October, 1945;
"Registrar" means the Registrar of Marriages under the principal Ordinance and includes a deputy registrar.
3. Save as hereinafter appears this Ordinance shall apply to all marriages duly celebrated in the Colony during the war period except non-Christian customary marriages celebrated according to the personal law and religion of the parties.
4. A marriage celebrated in the Colony during the war period shall not be deemed invalid by reason of its having been celebrated in a place which had not been duly licensed under section 4 of the principal Ordinance, or without compliance with the requirements of such Ordinance concerning notice of marriage, certificate of notice, licence or competency of the officiating minister, and, subject as is herein provided, all such marriages are hereby declared to be and always to have been valid.
5. Nothing in this Ordinance shall validate any marriage which was invalid on the ground of kindred or affinity, or because one of the parties was under the age of sixteen years, or any marriage which would have been invalid notwithstanding compliance with all the requirements of the said Ordinance, or any marriage which before the commencement of this Ordinance has been declared invalid by a court of competent jurisdiction:
Provided further that where any marriage to which this Ordinance applies would, but for this Ordinance, have been invalid and either party has subsequently during the life of the other party, but before the commencement of this Ordinance, lawfully married any other person, this Ordinance shall not render the first marriage valid or affect the validity of the subsequent marriage.
6. No minister who has complied with section 7 shall be liable to any penalties under the principal Ordinance in respect of any matter referred to in section 4 hereof and no proceedings...