CO129-610-6 Marriage (War Period) (Validity) Ordinance 1948 26-4-1948 - 25-6-1948 — Page 23

A BILL

INTITULED

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An Ordinance to remove doubts as to the validity of certain marriages celebrated in the Colony of Hong Kong after the outbreak of hostilities with Japan.

Be it enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof, as follows:-

1. This Ordinance may be cited as the Occupation Marriages Short title. (Validity) Ordinance, 1948, and shall be construed as one with

the Marriage Ordinance, 1875, hereinafter referred to as the Ordinance principal Ordinance.

No. 7 of 1875.

2. In this Ordinance the following expressions shall have the Interpretation. meaning hereby assigned to them:-

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war period means the period from the 8th of December, 1941, to the 15th of October, 1945;

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Registrar means the Registrar of Marriages under the principal Ordinance and includes a deputy registrar.

3.

Save as hereinafter appears this Ordinance shall apply to Application. all marriages celebrated in the Colony during the war period except non-Christian customary marriages celebrated according to the personal law and religion of the parties.

celebrated

during the war period.

4. A marriage celebrated in the Colony during the war period Validation shall not be deemed invalid by reason of its having been celebrated of marriages in a place which had not been duly licensed under section 3 of the principal Ordinance or without compliance with the require- ments of such Ordinance concerning notice of marriage, certificate of notice, licence or competency of the officiating minister and subject as is herein provided, all such marriages are hereby declared to be and always to have been valid.

5. Nothing in this Ordinance shall validate any marriage Prevailing which was invalid on the ground of kindred or affinity, or because grounds of one of the parties was under the age of sixteen years, or any validity. marriage which would have been invalid notwithstanding com- pliance with all the requirements of the said Ordinance, or any marriage which before the commencement of this Ordinance has been declared invalid by a court of competent jurisdiction: Provided further that where any marriage to which this Ordinance applies would, but for this Ordinance, have been invalid and either party has subsequently during the life of the other party, but before the commencement of this Ordinance, lawfully married any other person, this Ordinance shall not render the first marriage valid or affect the validity of the subsequent marriage.