1970-HKRS28-8-37_Part04 — Page 50

(CBD. 181)

Power to appoint day.

Marriages on and after appointed day to be monogamous, (Cup. 181)

Status of concubinage not to be acquired on and after appointed day.

Kim diu (@B)

marriages

not to be entered into.

**Chinese law and custom” means such of the laws and customIS of China as would immediately prior to the 5th April 1843 have been applicable to Chinese inhabitants of the Colony: "customary marriage" means a marriage celebrated in Hong

Kong in accordance with section 7: "designated public officer" means a public officer designated for

the purposes of Part V by the Governor under section 22; "modern marriage" means a marriage celebrated in Hong Kong before the appointed day by open ceremony as a modern marriage and in the presence of two or more witnesses; "parties to a customary marriage" means the husband and the principal wife (tsui) whether such wife is a kit far or a tin jong wife; and, for the avoidance of doubt, “party to a customary marriage" does not include a concubine (taip); “Registrar" means the Registrar of Marriages, and any deputy registrar of marriages, appointed under section 3 of the Marriage Ordinance;

"validated marriage" means a modern marriage made valid by

section 8.

3.

The Governor may by notice in the Gazette appoint a day to be the appointed day for the purposes of this Ordinance.

PART 11.

MARRIAGES ON AND AFTER APPOINTED DAY.

4. Marriages entered into in Hong Kong on and after the appointed day shall imply the voluntary union for life of one man with one woman to the exclusion of all others and may be contracted only in accordance with the Marriage Ordinance.

5. (1) On or after the appointed day, no man may lake a concubine and no woman may acquire the status of a concubine.

(2) Subsection (1) shall not affect in any way

(a) the status or rights of a concubine lawfully taken before

the appointed day; or

(6) the status or rights of a child, whether barn before, on or after the appointed day, of a concubine lawfully taken before the appointed day.

6. (1) Oo or after the appointed day no person shall contract a kint tiu (9) marriage.

(2) Subsection (1) shall not affect in any way— (a) the status or rights of a party to a kim tiu (M) marriage

lawfully contracted before the appointed day:

3

(6) the status or rights of a child, whether bom before, on or after the appointed day, of parties to a kim tiu (MM) marriage contracted before the appointed day,

PART III.

CUSTOMARY AND MODERN MARRIAGES.

% (1) For the purposes of this Ordinance, a marriage shall constitute a customary marriage if it was or is celebrated in Hong Kong before the appointed day in accordance with Chinese law and custom.

(2) A marriage shall be deemed to accord with Chinese law and custom if it was celebrated or is celebrated before the appointed day in Hong Kong in accordance with the traditional Chinese customs accepted at the time of the marriage as appro- priate for the celebration of marriage either-

(a) in the part of Hong Kong where the marriage took place;

or

(b) in the place recognized by the family of either party to

the marriage as their family place of origin. (3) A customary marriage of persons who are subject to Chinese law and custom is hereby declared to be a valid marriage.

8. Subject to section 14, every marriage celebrated in Hong Kong before the appointed day as a modern marriage by a man and a woman each of whom, at the time of the marriage, was not less than sixteen years of age and was not married to any other person shall be a valid marriage, and shall be deemed to have been valid since the time of celebration, notwithstanding- (2) that the proper personal law and religion of the parties. or one of them, was Chinese law and custom, and the marriage was prohibited by or failed to comply with the requirements of Chinese law and custom; or

(b) that the marriage was not under and in accordance with

the Marriage Ordinance.

PART IV.

POST-REGISTRATION OF CUSTOMARY MARRIAGES

AND VALIDATED MARRIAGES.

9. (1) The Registrar shall maintain separate registers for the registration of customary marriages and validated marriages.

(2) The parties to a customary marriage or a validated marri age celebrated in Hong Kong before the appointed day may apply

Customary marriage.

Validation

of modem. marriage.

(CA. ML)

Registration of customary marriages and validated

marriages.