TNAG-0875-FCO40-1085-Legislation-for-marriage-in-Hong-Kong-1979 — Page 34

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G.S. 84

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For discussion

on 26th June 1979

XCR(79)141 Copy No

MEMORA NDUM FOR EXECUTIVE COUNCIL

VJ 25:0 吻

MARRIAGE REFORM (AMENDMENT) BILL 1979 MATRIMONIAL CAUSES (AMENDMENT) BILL 1979 HK

MATRIMONIAL PROCEEDINGS AND PROPERTY (A MEND MENT) BILL 1979

Marriage Reform (Amendment) Bill 1979 - Annex A Registration and dissolution of a customary marriage where the other party cannot be traced

25.6

-x223/3

Hkk

Section 7 of the principal Ordinance (Chapter 178) deems Chinese customary marriages celebrated in Hong Kong before 7th October 1971 in accordance with the customs applicable, to be valid. Section 8 of the principal Ordinance likewise declares "modern marriages" celebrated in Hong Kong before that date to be validated, subject to certain conditions. Either type of marriage may be registered under section 9 of the Ordinance if both parties agree.

2

In the absence of such agreement, an application by one party may only be made where the District Court has declared the marriage to subsist. However, under section 9(3) of the principal Ordinance, it is possible for one party to apply for such a declaration only if the other party disputes the existence of the marriage or is unwilling to join in any application for registration. This means that an application cannot be made if the other party cannot be traced or it is otherwise impracticable to notify that person of the application. Thus a deserted spouse who cannot trace or notify the other party to the marriage is denied registration and the advantages of registration, including dissolution of the marriage under section 15 of the principal Ordinance, since that section provides dissolution only for marriages that have been registered.

3

It is considered that applications for declaration that a marriage subsists should therefore be permitted where the other party cannot be traced or notified. This is accordingly provided for in clause 3 of the Marriage Reform (Amendment) Bill 1979 at Annex A.

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Additional means of dissolution of

customary marriages

4 -

Under section 15 of the principal Ordinance a registered customary marriage may only be dissolved in accordance with Part V of the Ordinance (i. e. by mutual consent). On the other hand a registered modern

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