CO882-(3-4) — Page 231

CO882 & CO885 Colonial Office Confidential Prints 理藩院機密印刊 All

PUBLIC

RECORD OFFICE

C.O.

Reference

882

3

ALLY WITHOUT PERMISSION OF THE BE REPRODUCED PHOTOGRAPHIC-

COPYRIGHT PHOTOGRAPH-NOT TO

PUBLIC RECORD OFFICE, LONDON

#pecial

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⚫ certified

28

you, before the death of the other, shall contract another marriage while this remains undissolved, you will thereby be guilty of bigamy, and be liable to the punishment inflicted for that grievous offence.”

here

I call upon all

persons Each of the parties shall then say to the other, present to witness that I, A. B., do take thee, C. D., to be my lawful wife [or husband.]"

The Registrar-General and the parties and witnesses shall thereupon sign duplicate certificates in the form and manner hereinbefore prescribed.

The Registrar-General shall deliver one certificate to the parties and shall file the other in his office.

XXV. Whenever the Governor's special licence authorizes the celebration of a marriage at a place other than a registered place of worship, or the office of the Registrar-General, the Registrar-General upon taking the affidavit of one of the parties to the marriage, shall deliver to him a blank certificate of marriage in duplicate, and the Minister celebrating the marriage, the parties and two witnesses shall sign the same, in manner hereinbefore prescribed, and the Minister shall deliver one certificate to the parties immediately after the marriage and shall transmit the other to the Registrar-General within seven days thereafter, and the Registrar-General shall file the same in his office.

XXVI. The Registrar-General shall register all certificates of marriage filed in his office in such order and manner as he thinks best suited for easy reference thereto.

XXVII. Any certificate of marriage filed in the office of the Registrar- vidence. General, or a copy thereof, provided it purport to be signed and certified as a true copy by the Registrar-General, and to be sealed or stamped with his official seal, shall be admissible as evidence of the marriage to which the same relates in any Court of justice, or before any person now or hereafter having by law or by consent of parties authority to hear, receive, and examine evidence.

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XXVIII. The Registrar-General may, when authorized by the Colonial Secretary, correct any clerical error in any certificate of marriage upon production to him of the certificate delivered to the parties, and shall authenticate every such correction by his signature, or by marking the same with his initials, and the date of making the correction.

XXIX No marriage shall be valid which would be null and void on the ground of kindred or affinity in England or Wales.

A marriage shall be null and void if both parties knowingly and wilfully acquiesce in its celebration in any place other than the office of the Registrar- General or a licensed place of worship (except when authorized by special licence), or under a false name or names, or without certificate of notice or licence duly issued, or by a person not being a competent Minister, or the Registrar-General, or his deputy.

But no marriage shall, after celebration, be deemed invalid by reason that any provision of this Ordinance other than the foregoing has not been complied with.

XXX. All marriages celebrated under this Ordinance shall be good and valid in law to all intents and purposes.

XXXI. Whosoever, knowing that the written consent of the proper person as herein prescribed has not been obtained, shall marry or assist or procure any other person to marry a minor under the age of twenty-one years, not being a widow or widower, shall be guilty of a misdemeanor, and upon conviction thereof, before the Supreme Court, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years with or without hard labour.

Any Minister shall be guilty of a misdemeanor who wilfully celebrates a marriage, in the case of a minor, without such written consent as herein prescribed, or who wilfully celebrates a marriage, contrary to any other provision of this Ordinance, or knowing that any provision of this Ordinance has not been complied with, and upon conviction thereof, before the Supreme Court, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years.

XXXII. Any Minister who, after celebrating a marriage, fails to transmit the ertificate of certificate thereof to the Registrar-General within seven days thereafter, shall be

liable to a penalty not exceeding fifty dollars.

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g marriage.

XXXIII. Whosoever wilfully removes, defaces, alters, or destroys any copy of a notice of intended marriage, shall be liable to a penalty not exceeding twenty- five dollars.

XXXIV. Whosoever knowingly and wilfully celebrates or pretends to cele-

29

brate a marriage, not being legally competent so to do, shall be guilty of a misde- meanor, and being convicted thereof before the Supreme Court, shall be liable, at the discretion of the Court, to be imprisoned for any term not exceeding two years with or without hard labour.

XXXV. All penalties for offences against this Ordinance may be recovered in a Penalties. summary way before any Magistrate.

XXXVI. The fees specified in the schedule hereto shall be paid to the Fees Registrar-General for the several matters to which they are applicable, and shall be by him paid into the Colonial Treasury.

XXXVII. The Registrar-General may, in cases when he is satisfied of the Remission. poverty of the parties, reduce the amounts of the said fees, or even remit them altogether.

XXXVIII. The forms contained in the schedule hereto may be used in the Forms. cases to which they are applicable with such alterations as circumstances render

necessary.

XXXIX. This Ordinance shall apply to all marriages here one or both the Application of parties profess the Christian religion.

Ordinance.

XL. This Ordinance shall not come into operation until Her Majesty's confir- Buspending clause. mation thereof shall have been proclaimed in the Colony by the Governor, and thereupon Ordinance No. 1 of 1852, and Ordinance No. 4 of 1875 shall be and the same are hereby repealed; but such repeal shall not affect anything theretofore lawfully done under either of the said Ordinances.

1875.

Passed the Legislative Council of Hong Kong, this 7th day of September, Repeal.

H. ERNEST WODEHOUSE,

I,

certify that on the

'(Signed)

SCHEDULE.

FORM (A).

Registrar-General's Certificate.

Clerk of Councils.

Registrar-General for the Colony of Hong Kong, do hereby

day of

notice was duly entered in the Marriage

Notice Book of the said Colony of the marriage intended to be had between the parties herein named and described.

Names.

Condition.

Date of notice entered

Date of certificate given

Rank or Profession.

Age.

Dwelling Place.

187 187

The issue of this certificate has not been forbidden by any person authorised to forbid the issue thereof. Witness my hand this

day of

187

187

(Signed)

Registrar-General.

This certificate will be void unless the marriage is solemnized on or before the

day of This certificate is issued by virtue of the Governor's licence, dated the day of

187

(131)

I

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