ATTORNEY GENERAL'S CHAMBERS,
Hong Kong,.... 29th June,.....1934.
REPORT ON ORDINANCE No. ..1.3. ..of 193 4.
1. I have examined the accompanying Ordinance. intituled an
Ordinance to a mend the Marriage Ordinance, 1875, and
am of opinion that it is one which is not contrary to
the Governor's instructions.
2. The principal Ordinance nowhere lays down any
minimum age of marriage which has thus be en the same
in Hong Kong as it was in England prior to the passing
of the Age of Marriage Act, 1929, (19 & 20 Geo.5, c.36),
namely fourteen for a male and twelve for a female.
The said Act avoided any marriage either party to
which is under sixteen, and with the approval of the
Secretary of State, conveyed in his despatch of the [+] 24th March, 1934, the same effect is secured by section 4
of the present Ordinance.
3. New section 12A which is added to the principal
Ordinance by section 2 of this Ordinance further forbids
the issue of a marriage licence or certificate where
either party to the intended marriage is under sixteen,
and the effect of the amendment of section 13 by section
3 of this Ordinance is to make it clear that the consent
of a parent or guardian etc. to the marriage of a minor
8
can be effective only if such minor is of the age of sixteen
or over.
4. In my opinion this is an Ordinance to which His Excellency
the Governor may properly assent in the name of His Majesty and
on His behalf.
Attorney General.
9
HONG KONG.
No. 13 of 1934.
I assent.
W. PEEL,
L.S.
Governor.
29th June, 1934.
An Ordinance to amend the Marriage Ordinance, 1875.
[29th June, 1934.]
Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-
1. This Ordinance may be cited as the Marriage Amend- Short title. ment Ordinance, 1934.
2. The Marriage Ordinance, 1875, is amended by the insertion of the following section. numbered 12 A, im- mediately after section 12 thereof :-
12A. No licence of the Governor and no certificate of the Registrar of Marriages shall be issued under this Ordinance if either party to the intended marriage is under the age of sixteen years.
3. Section 13 of the Marriage Ordinance, 1875, is amended by the insertion of the words "of or over sixteen and" after the word "is" in the second line thereof.
4. Sub-section (2) of section 26 of the Marriage Ordin- ance, 1875, as amended by the Marriage Amendment Ordinance, 1926, is repealed and the following sub-section is substituted therefor :-
(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 of Marriages or a licensed place of worship (except when authorised by a special licence), or under a false name or without a certificate of notice or licence duly issued, or by a person not being a competent minister or the Registrar of Marriages or his deputy, or if either party to the marriage is at the time of its celebration under the age of sixteen years.
Passed the Legislative Council of Hong Kong, this 28th day of June, 1934.
Addition of new s. 12A
to Ordin- ance No. 7 of 1875.
Amendment of s. 13 of
Ordinance No. 7 of 1875.
Substitu- tion for of Ordin-
s. 26, ss. 2,
ance No. 7 of 1875.
R. A. C. NORTH,
Deputy Clerk of Councils.
10Page 11