1970-HKRS29-8-37_Part05 — Page 1

to the Registrar in the prescribed manner at any time for the registration of their marriage.

(3) Where one of the parties to a customary marriage or a validated marriage disputes the existence of the marriage or is unwilling to join in any application for the registration of the marriage under this section, the other party to the marriage may apply to the District Court for a declaration that a customary marriage or a validated marriage, as the case may be, subsists between the parties, and the District Court shall have jurisdiction to hear and determine any such application.

(4) One party to a customary marriage or a validated marriage celebrated in Hong Kong before the appointed day may-

(e) with the conseal in writing of the other party to the

marriage; or

(b) where the District Court has under subsection (3) declared

the marriage to subsist,

apply to the Registrar in the prescribed manner at any time for the registration of the marriage.

(5) Where the Registrar is satisfied that-

(4) the particulars contained in any application under this

section are true; and

(b) a form of marriage did take place between the parties named at the time and place and before the witnesses specified in the application; and

(c) the marriage constitutes either a valid customary marriage

or a validated marriage,

he shall prepare a certificate of marriage in the prescribed form and the Registrar, and the applicants, or applicant as the case may be, and two witnesses to the marriage, shall thereupon sign duplicate certificates: but a certificate shall not be invalidated by the absence of signature by one or both witnesses if the Registrar is satisfed that one or both is or are not available, and cannot reasonably be made available, to sign and he records that he is so satisfied on the certificate.

(6) When a certificate is signed in accordance with sub- section (5), the Registrar shall deliver one certificate to the applicants or applicant and the other certificate shall form part of the register which the Registrar is required to maintain under subsection (1).

(7) Where, on an application to the Registrar under this section, the Registrar is not satisfied with respect to the matters specified in paragraphs (a), (b) and (c) of subsection (5), a party to the marriage may apply to the District Court for a declaration

S

that a customary marriage or a validated marriage, as the case may be, subsists between the parties, and the District Court shall have jurisdiction to hear and determine any such application.

10. (1) Upon receipt of an application under section 9 for the registration of a customary marriage or a validated marriage, the Registrar may--

(a) summon before him any applicant, any alleged party to the marriage and any person alleged to have been present at the marriage, and may require any person so summoned to answer such questions as the Registrar may ask for the purpose of determining the application before him;

(b) require any applicant to furnish such further informa- tion either by statutory declaration or otherwise as he may reasonably require.

(2) Any person who, without lawful excuse, fails to comply with a summons or requirement issued or made under subsection (1) shall be guilty of an offence and shall be liable to a fine of one thousand dollars and to imprisonment for six months.

11. A certificate of marriage registered under this Part, or a copy of such a certificate, shall if it purports to be signed and certified as a true copy by the Registrar and to be scaled or stamped with his official seal be admissible as evidence of the marriage to which it relates in any court and before any person having by law or by consent of parties authority to hear, receive, and examine evidence.

12. The Registrar may correct any clerical error in any certificate of marriage registered under this Part on production to him of the certificate delivered to the parties, and shall authen- ticals every such correction by his signature, or by marking the same with bis initials, and the date of making the correction.

13. The Registrar may allow searches to be made amongst all certificates, registers and indices in his possession for the pur- poses of this Part and may give a certified copy of any entry therein, and issue a certificate that there is no record of a marriage between certain named persons having been registered under this Part.

PART V.

DISSOLUTION OF VALIDATED MARRIAGES AND CUSTOMARY MARRIAGES.

14. The dissolution, at any time before the appointed day, of a validated marriage by the mutual consent of the parties to the marriage signified by the signature of each of the parties in

Power of Registrar.

Effect of certificate of marriage negistered under this Parl.

Correction

of error in certificate of murriage.

Searches may be made and certified copies granted.

Dissolution

of validated marriages.