26
how t
See in cloture. 2.
in question.
It seems to result from the se
authorities that in the Colonies a valid marriage can
be contracted at common law per verba de praesenti,
that is to say, in the manner recognised by the
of
ancient canon law for Western Europe. Going back to
the principle laid down by Cheshire, it seems,
therefore, that the principle is that where compliance
by the British subject to the local forms is
impossible, it is sufficient if the marriage conforms
to the requirements of the common law, and accordingly,
was
as it is not possible in this camp to comply with all
the formalities laid down by the Hong Kong Ordinances,
(though it appears that every effort was made to
comply with them so far as possible), there is good
ground for holding that the marriages were valid at
common law. Indeed, unless I misunderstand the
facts, some of them would have been valid according
to the common law rule as applied in England, because
they were in fact celebrated by a priest of the Church
of England.
2.
I have obtained, and attach
ttach herewith, a copy
her
of a specimen of the provisional orders which are
issued by the Home Office from time to time validating
marriages the validity of which is doubtful owing to
the place of celebration or failure to observe other formalities. I am informed by Mr. Hart that It is
not the practice, as will be seen from the text of
the Order, to mention the names of the parties and
that the reference in sub-paragraph 2 of the operative
to
part of the schedule, the ecclesiastical
Consure
is only put in in cases where the ceremony has been
performed by a Church of England clergyman.
3.
I think the question of the validity of the
Chief Justice's jurisdiction, in so far as it was
exercised during his internment, is the most difficult
it seems, of all. The rule of international law, which is I
hick
think/