TNAG-0875-FCO40-1085-Legislation-for-marriage-in-Hong-Kong-1979 — Page 31

HONG KONG

LEGAL REPORT

THE MARRIAGE REFORM (AMENDMENT) ORDINANCE 1979

(No. 62 of 1979)

Enclosure No.2

Under section 9(4) of the principal Ordinance a customary marriage or a validated modern marriage can only be registered by one party to such a marriage who does not have the consent of the other party, if the District Court has made a declaration that the marriage subsists. However under section 9(3), as it stood, an application for such a declaration could only be made by one party if the other party disputed the existence of the marriage or was unwilling to join in the application for a declaration. This meant that an application could not be made if the other party could not be traced or be notified of the application. Section 3 of the measure under report accordingly amends the said section 9(3) to enable an application to be made in these circumstances.

2.

Formerly, under section 15 of the principal Ordinance a registered customary marriage could be dissolved only in accordance with Part V of that Ordinance (i.e. by mutual consent). But a registered modern marriage could be dissolved not only in accordance with Part V, but also in accordance with the Matrimonial Causes Ordinance (e.g. for adultery, desertion; separation for 5 years, etc.). Section 4 repeals and replaces section 15 of the principal Ordinance so that registered customary marriages also can be dissolved in accordance with the Matrimonial Causes Ordinance.

3.

Before the Governor assented to the Bill in the name and on behalf of Her Majesty, I advised that he could properly do so.

Frederick T. Jone

August 1979,

ATTORNEY GENERAL'S CHAMBERS,

HONG KONG.

Attorney General (Acting).