CO129-594-7 Proposed legislation to regularise registration of births- marriages and deaths in Stanley internment camp during... 16-10-1945 - 19-12-1946 — Page 2

CO129 Colonial Office Hong Kong Records 理藩院香港檔案 All

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Marriages performed by priests in episcopally ordained orders whether Church of England or Roman Catholic are valid at Common Law, but since 1753 the law of marriage in England has been governed by statute, and except in ships on the High Seas or in Colonies where the Canon law runs, such marriages are not valid. The law of Hong Kong is the law of England as existed on the 3rd day of April,1843, except in so far as such laws are inapplicable to the local circumstances of the Colony or its inhabitants, and except so far as they have been modified by laws passed by the local legislature.

The Marriage Ordinance of Hong Kong provides the form for the celebration of marriages within the. Colony and declares that a marriage shall be null and void if the parties knowingly and wilfully acquiesce in its celebration in any place other than the office of the Registrar of Marriages ina a licensed place of worship (except when authorised by special licence).. or without a certificate of notice or licence duly issued. Clearly these marriages do not comply with the Ordinance and, unless the laws of Hong Kong were suspended and the Common Law in some way revived, the marriages are void.

It may be that if there is no practical legal

way

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