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 21

17

54185/46.

110EC

Mi. Miss Whyte 30/11/46

Mas Ruston...

Mr.

3/12

Mervyn Jones 3/12

Mr. Mayle

5/12/46

M. home way 6//2

Mr....

mon

Permt. U.S. of S.

Parly. U.S. of S.

DRAFT. DESPATCH

Sir,

Secretary of State.

December, 1946.

HONG KONG

NO

265.

GOVERNOR

FURTHER ACTION.

was

I have etc., to refer to your

confidential despatch of the 26th September on the subject of the validity of marriages

pronounerA solemnized and decrees of divorce' issued by

the Chief Justice during the period of the

Japanese occupation of the Colony, and to

enclose a note on these matters by my Legal

Adviser.

2.

As you will see from the enclosed note,

there is good ground for holding that the

marriages concerned are valid at common law

without any further action. I agree, however,

that it is desirable to enact legislation to

remove all doubts and I approve the draft

Ordinance enclosed with your despatch, subject

to the following observations:

Justifind

in

(a)

disregarding

and coufferim the validit I manages

The concluding three lines of Clause 2

of the draft Ordinance, which provides

that no marriage shall be rendered

valid where either of the parties

concerned has subsequently inter-married

with any other person, would seem to

assume that a person married in the Camp

may disregard the marriage, and at this

dean

aunce i point the Ordinance, which is designed

to remove doubt

doubt, seems to introduce.

ambiguity