35705-1914-The-Foreign-Marriages-Order-in-Council-1913 — Page 1

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THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 27, 1914.

DESPATCHES FROM THE SECRETARY OF STATE.

No. 55.

THE FOREIGN MARRIAGES ORDER IN COUNCIL, 1913.

AT THE COURT AT WINDSOR CASTLE,

THE 22ND DAY OF NOVEMBER, 1913. *

PRESENT,

THE KING'S MOST EXCELLENT MAJESTY

EARL SPENCER

LORD STAMFORDHAM

LORD EMMOTT.

Wissuthorized to make Itegulations for the purposes therein specified :

HEREAS by "The Foreign Marriage Act, 1892," His Majesty the King in Council

And whereas the provisions of Section 1 of "The Rules Publication Act, 1893," have been complied with in respect of the Regulations hereinafter set forth:

Now, therefore, His Majesty, by virtue and in exercise of the powers conferred by "The Foreign Marriage Act, 1892," or otherwise enabling Him in this behalf, is pleased, by and with the advice of His Privy Council, to order, and it is hereby ordered, as follows:-

1.-(1) Where a marriage according to the local law of a foreign country is valid by English law, then before the marriage is solemnized in that country under the Foreign Marriage Act the marriage officer must be satisfied either-

(a) That both the parties are British subjects; or

(b) If only one of the parties is a British subject, that the other is not a subject

or citizen of the country; or

(c) If one of the parties is a British subject and the other a subject or citizen of the country, that sufficient facilities do not exist for the solemnization of the marriage in the foreign country in accordance with the law of that country; or

(d) If the man about to be married is a British subject and the woman a subject or citizen of the country, that no objection will be taken by the authorities of the country to the solemnization of the marriage under the Foreign Marriage Act.

(2) If a marriage officer, by reason of anything in this article, refuses to solemnize or* allow to be solemnized in his presence the marriage of any person requiring such marriage to be solemnized, that person shall have the same right of appeal to a Secretary of State as is given by section 5 of the Foreign Marriage Act.

2. In the case of any marriage under the Foreign Marriage Act, if it appears to the marriage officer that the woman about to be married is a British subject, and that the man is a foreigner, he must be satisfied-

(a) That the marriage will be recognized by the law of the country to which the

foreigner belongs; or

(b) That some other marriage ceremony, in addition to that under the Foreign Marriage Act, has taken place, or is about to take place, between the parties, and that such other ceremony is recognized by the law of the country to which the foreigner belongs; or

(c) That the leave of the Secretary of State has been obtained.

3. For the purpose of the Foreign Marriage Act and these Regulations, the house in which a British Ambassador resides in the foreign country to the Government of which he is accredited, or which is occupied by him in that country for the purposes of his embassy, shall be deemed to be the official house of such Ambassador, and is in these Regulations referred to as the embassy house, and every place within the precincts or curtilage of any such house, and any church or chapel annexed to such house, or for the time being used with the consent of the Government to which the Ambassador is accredited as the chapel thereof, shall be deemed to form part of the embassy house.