TNAG-0875-FCO40-1085-Legislation-for-marriage-in-Hong-Kong-1979 — Page 40

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Explanatory Memorandum

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) an application for such a declaration can only

be made by one party if the other party disputes the existence of the marriage or is unwilling to join in the application.

This means that an application cannot be made if the other

party cannot be traced or be notified of the application. Clause 3 of the Bill accordingly amends section 9(3) to enable

an application to be made in these circumstances.

Under section 15 of the principal Ordinance a

registered customary marriage may be dissolved only in

accordance with Part IV of that Ordinance (i.e. by mutual

consent). But a registered modern marriage may be dissolved not only in accordance with Part IV, but also in accordance with the Matrimonial Causes Ordinance (e.g. for adultery, desertion; separation for 5 years, etc.). Clause 4 repeals and replaces section 15 so that registered customary marriages

also can be dissolved in accordance with the Matrimonial

Causes Ordinance.

This Bill has no staffing or financial implications.