3

2.

3.

way of performing the marriage rite, a ceremony good at Common Law is valid, but the point is one of too great concern to the parties to leave anything to chance. Therefore the only safe course is to legislate, to declare the marriage valid, and the matter put beyond any doubt.

Births and Deaths. 15 of the Births and Deaths Registration Ordinance would enable the Registrar to insert the records kept in the Hospital in the Registers, and this should, of course, be done.

I think that sections 10 and

I do not think that there is any doubt that a child born in the Internment Camp is a British subject. I think that the children of all preoccupation residents of Hong Kong born in the occupation period are British subjects. I doubt if the children of non-British subjects who came into the Colony during the occupation and under Japanese protection are British subjects.

b. fg. Mr. Ha tings.

10/11/45.

J.

Mr. Hastings

I agree that on the question of the validity of these marriages we must put the matter beyond doubt. There would seem to be three alternative courses of action:-

(a) to regularise this matter by Military

Proclamation;

(b)

(c)

to await the restoration of civil government and then arrange for the matter to be effected by normal legislation, and

to take action now by Order in Council.

I doubt if we should be justified in waiting until (b), and action by Military Proclamation (

(a) is not perhaps wholly appropriate for this case. Would you advise as to what our next step should be and if it should be as at (c), would you very kindly draft an appropriate Order in Council?

With regard to births and deaths. I assume from your minute that you do not consider that any legislative action is necessary. Can the insertion of the hospital records in the official Register await the resumption of civil government?

f

Alesk

13.11.45.

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