XN000022-1995-02-15 — Page 73

Reply:

(a)

(b)

Mr President,

(a)

(b)

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whether, in handling alleged bigamy cases, there are insurmountable difficulties in law enforcement and evidence adduction if the ceremony of the second marriage was conducted outside the territory; if so, what the difficulties are; and

what was the number of alleged bigamy cases in each of the past three years and how many of such cases resulted in conviction; of the convicted cases, how many involved the penalty of imprisonment and how many involved the penalty of fines; and how many of the alleged bigamy cases involved marriages which took place outside the territory?

Under Section 45 of the Offences Against the Persons Ordinance (Cap. 212), any individual who, being married, marries another person during the life of the former husband or wife, is liable to imprisonment for a maximum period of 7 years. Evidence of the second marriage is essential to prove the offence of bigamy. In order to prosecute for this offence, there must be proof that the individual has been married before he/she registered for marriage in Hong Kong. There is, however, no jurisdiction for the Hong Kong Courts to prosecute an individual, who being married here, registers himself or herself again for marriage outside the territory.

Collection of evidence could be complex where the first marriage is registered outside the territory; the Hong Kong Courts have to rely on the foreign jurisdiction to provide the original records or duly certified copies of such records as evidence. An authorised official from that jurisdiction must testify in the Hong Kong courts in the event that the records of marriage are contested. Despite these difficulties, it is possible to adduce evidence for the prosecution of bigamy in Hong Kong courts provided that documentary evidence of registration is available.

The number of alleged bigamy cases in each of the past three years is as follows :-