TNAG-1812-FCO40-2573-Preservation-of-Ohel-Leah-Synagogue-in-Hong-Kong-1988 — Page 67

the law of Hongkong.

Origins Of Marital Laws

The legal status of marriage is largely based on the evolution of laws which grew out of social, cultural and reli-

gious mores.

Possibly, the most predominant religion in terms of Western law is that of Christianity.

For hundreds of years, Christians have believed that monogamy is the only form of marriage acceptable to God, although there does not appear to be any specific Biblical in-

struction to that effect.

The British legal system owes many of its origins to eccle- siastical law which was based on interpretations of the Bible.

One priest from the Catholic Church in Hongkong said that Jesus had reinstated the monogamous system to Judaic society which, at the time of Jesus' life, permitted Jewish men

to have 2 wives.

At one time, the Church of Jesus Christ of Latter Day Saints, (more commonly known as Mormons) permitted polygamy, and men were able to enter into multiple mar- riages.

According to the Mormon President in Hongkong, Mr Charles Goo, Mormon men were permitted to have more than one wife when the Church was in the early stages of establishing itself, because at the time there were much fewer men than there were women.

President Goo said that now bigamy was grounds for ex- communication from his Church, though he anticipated that if the need for a polygamous society arose in the future, 'The Lord through revelation would inspire the men.'

Interestingly, Mormon marriages are 'for all eternity' rather than 'till death do us part', and many souls have been married off posthumously, including one of the Mormon founding fathers, Brigham Young, who is reported to be in eternal wedlock with a considerable number of departed

women.

The law, according to Mohammed, the founder of the Islamic Religion, is that Muslim men are permitted to have up to 4 wives.

According to a representative of the Islamic faith in Hongkong, the reasoning behind the polygamous nature of Muslim marriages is that at the time that Mohammed was preaching, there were constant wars in the area of Mecca and Medina, and it was in the interests of the founders of the faith to propagate as many Muslim children as possible.

One man, two wives: A situation which could be awkward, to say the least -- but if he married one of them elsewhere, he can- not be prosecuted for bigamy in Hongkong

However, in Hongkong, Muslims are only allowed to marry in the Territory once.

But, according to a number of lawyers, if a man has entered into several marriages in a Muslim country, and those marriages are accorded legal recognition in that coun- try, he and all of his wives will be accorded the full benefit of the law in Hongkong.

They could not however obtain a divorce in Hongkong as the courts here only recognize a monogamous marriage.

The Legal Definition Of Marriage

According to a legal dictionary, marriage is:

'Legal union of one man and one woman as husband and wife. Marriage, as distinguished from the agreement to marry and from the act of becoming married, is the legal status, condition, or relation of one man and one woman united in law for life, or until divorced, for the discharge to each other and the community of the duties legally incum- bent on those whose association is founded on the distinction

of sex.'

Hongkong was an exception to the monogamous system until 1971 when the traditional Chinese arrangement of hav- ing concubines was removed from the statute book.

Until that time, it was permissible for a man to take a wife and a concubine who would be given recognition by the

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