HONG KONG
NO
45
ar
14
42
Colonial Office,
Downing Street,
S.W.1.
4 July, 1946.
Sir,
I have the honour to refer to a letter addressed to the Chief Civil Affairs Officer on the 24th December, 1945, enclosing copies of correspondence on the subject of the validity of marriages contracted in Stanley Internment Camp together with the allied question of the nationality of children born in the Camp, the registration of births and deaths, and a note of the conclusions reached by my Legal Advisers on these matters. They considered it probable that marriages contracted in the Internment Camp were not valid but it was suggested that validating legislation might await the restoration of Civil Government and that in the meantime it was desirable that this opinion should be divulged to as few people as possible.
2. The question of the validity of decrees absolute of divorce made in the Internment Camp has now been raised by Messrs. Maddin and Company, a copy of whose letter of
In this the 2nd May I attach for your information. connection it was pointed out by the late Colonial Secretary, Mr. Gimson, in a letter (a copy of which was sent under cover of a savingram numbered 2 and dated the 8th January, 1946, to the Chief Civil Affairs Officer) that cases had occurred of marriages which had been performed in the Camp in the belief that a decree absolute had been made and later it had been found that this was not the case. You will no doubt ensure therefore that any proposed legislation will not have the effect of validating any marriage performed in the Camp unless such marriage would have been valid if performed in accordance with the procedure required by the Marriage Ordinance.
3. A copy of the reply that has been sent to
Messrs. Maddin is also attached, from which you will note that it is stated that enquiries are being made and a further letter will be sent to them in due course.
4. Since it has been decided to validate marriages performed in the Camp, it would seem to be logical to validate also decrees of dissolution of marriage made in the Camp.
5. I shall be glad to have your views on this point and also to know whether you have yet found it possible to give consideration to the question of a validating legislation and what reply you advise should be made to Messrs. Maddin's enquiry.
I have the honour to be,
Sir,
Your most obedient,
humble servant,
(ag) C. H. Ball
GOVERNOR,
SIR MARK YOUNG, G.C.M.G.,
etc.,
etc.
etc.