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 22

ambiguity by approaching the legalisation

At present I am disposed to drink

Whether or not the draft is

of bigamy.

that the words in question shows delities. In amended on this point, I am advised that it

my vein, however, it

is very important that every individual

in general leving.

affected should be told of the legislation

to milizoduce lequitation to ratedats these manager When this has been proposed and given an opportunity to make

done

I should lo

possible t

representations before the Ordinance is passed.llow this sarring

(b) The Home Office not infrequently issue provisional

orders, which are confirmed by Parliament, validating marriages, the validity of which is

enclose

doubtful. I attach a copy of one of these

orders for your information.

You will

observe that the names of the parties to

the marriage are not included in the Schedule,

for your consideration

and I would suggest therefore/that. the

Hong Kong draft Ordinance should be amended

so as to follow the Home Office practice. 3. Turning to the question of divorce decrees made by tire Chief Justice during internment,

as

provision would have any pradical offend

ENCLOSURE 1

Provisional Order 22/7/43

behind (17).

hagel you will see from the enclosed note, my Advisers agree that there is considerable doubt whether the Chief Justice possessed jurisdiction during that period. They see considerable objection, however, to the proposal that decrees made absolute by the Chief Justice should be regarded as void and that no action should be taken to validate them, if any of the parties

have

Porticularly if they hav concerned subsequently remarried and had children.

Buch

If, in fact, this was fee, then the children would

Jeer

not be legitimate if the decrees absolute was

voided

there is any such case it will obviously be necessary acess diar that it will

to enact legislation to remove all doubt as to the validity

I consider therefore that it is desirath of these decrees. tim inform the parties of the dous entiendamine on the matter

4.

is not the

гате

I am advised that there are greater objections

head to

te

in principle to validate decrees nisi which were

made in the Camp, and which, presumably, have not

a

that it is under

been

I introduces

and, according 6 Engle

lan

noth

would

legitimated

the subsequ K-mancays of

Ohvern parts. xaftis funther

dience

proceedings