and, in the absence of family provisions legislation, it may be that they still retain the basic rights accorded to all successors by Ch'ing law even as against a will). Assuming that the policy behind the proposals in the Report is to safeguard the position of married women, it would seem undesirable that this should be done at the expense of children, who are, at present, well protected by Ch'ing law as applied in the Colony, as well as by the legal systems of both the People's Republic of China and the Nationalist Govern- ment in Taiwan.
"NEW
RECOMMENDATION NO. 1: ON MARRIAGES AFTER AN APPOINTED DATE
Intention:
To provide that, after a date to be appointed, no marriage contracted in Hong Kong shall be valid in law unless it is monogamous, complies with certain prescribed conditions, and is registered.
Recommendation:
The Marriage Ordinance, Cap. 181, to be amended to make additional provision, effective as from a date to be appointed, for registering and for recognizing the validity in law of monogamous marriages celebrated in Hong Kong elsewhere than in a licensed place of worship or in a marriage registry provided that:
(1) both parties to the marriage are free to marry each other under the existing law;
(2) both parties agree to the marriage of their own free will;
(3) due notice is previously given in accordance with the existing requirements of the Marriage Ordinance;
(4) no valid objection is raised to the marriage, and a certificate of notice has been issued;
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