"NEW
X marries a tin-fong wife and takes a concubine before the Appointed Date. Both women are included in the Post- Registration of the marriage. Either before or after the death of X, his wife and concubine rank as members of the families of his issue by either venter for the purpose of the immigration laws of Y state. However, if, upon the death of X, a second concubine, duly acquired by X before the Appointed Date, appears to claim her maintenance out of the estate, her claim ought to be allowed notwithstanding the Post-Registration in which she was not included. Issue of the kit-fat wife would also be recognized, although her marriage would not have been Post-Registered.
RECOMMENDATION NO. 4: ON DEFINING CHINESE CUSTOMARY MARRIAGES
Intention:
The absence of any generally accepted definition of what is a Chinese Customary Marriage has led and can continue to lead to lengthy and, for the litigants, expensive disputes in court when it is sought to establish what was the relevant Custom in 1843. It is therefore desirable to introduce a statutory definition of custom in this context, based not on any alleged forms or practices in 1843 but on what at the material time may be determined as being the current traditional practice in the appropriate part of Hong Kong or in the place or origin of either party.
Recommendation:
Legislation to be enacted defining a Chinese Customary Marriage as one contracted, as far as can be reasonably ascertained in each case, in accordance with the appropriate local practice in Hong Kong or with the practice in the place of origin of either party.”
44. Again, the Sub-Committee, while approving the suggestion that a definition of the formal requirements of certain kinds of
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