35705-1914-The-Foreign-Marriages-Order-in-Council-1913 — Page 2

THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 27, 1914.

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For the purpose of marriages in an embassy house, the expression "office," when used with respect to the place where any act or thing shall or may be done, shall be construed to refer to such part of the embassy house as the Ambassador may from time to time appoint as being sufficiently accessible to the public..

4. The person before and by whom a marriage under the Foreign Marriage Act may be solemnized and registered in an embassy house in a foreign country shall either be the Ambassador or any member of the diplomatic service not below the rank of secretary, who is attached to the embassy, and who is from time to time appointed for the purpose in writing by the Ambassador; and for the purpose of marriages solemnized in such embassy house, such Ambassador or member of the diplomatic service shall, without any marriage -warrant, be a marriage officer.

5. Where a marriage can be solemnized at a British consulate in a foreign country, the leave of the Ambassador shall be obtained before the marriage is solemnized in the embassy house in that country.

6. For the purpose of marriages to be solemnized by or before a consular officer who is a marriage officer, every place within the curtilage or precincts of the house in which such officer is for the time being resident, or of the building which is for the time being used for the purpose of his office, shall be part of the official house of such marriage officer, and every place to which the public have ordinary access in such official house shall be deemed to be part of the office of such marriage officer.

7.-(1) The modifications contained in articles 8 to 17 of these Regulations of the re- quirements of the Foreign Marriage Act as to residence and notice shall have effect in cases where both parties have not dwelt within the district of the marriage officer by or before whom the intended marriage is to be solemnized.

(2) Where the provisions of these Regulations as to residence and notice have been. complied with, or where the permission of the Secretary of State has been given, the marriage may be solemnized under the said Act in the official house of a marriage officer.

8. Where one party only has resided for a period of not less than one week within the district of the marriage officer by or before whom the intended marriage is to be solemnized, The notice shall state the notice shall be given by that party to such marriage officer. particulars, and be in the form given in Form No. 1 of the Schedule to this Order.

9. If the non-resident party has dwelt in a place in the United Kingdom, notice shall be given by that party in like manner and on payment of the like fee as if that party were about to be married in that place, and in England or Ireland shall be given to the Superin- tendent Registrar or Registrar, and in Scotland shall be given by proclamation of banns; and the Superintendent Registrar or Registrar shall deal with the notice and give a certificate for marriage in like manner and on payment of the like fee as in the case of a marriage in his district and the Session Clark of the parish in which the banns were proclaimed in Scotland shall, in like manner and on payment of the like fee as in the case of a marriage in his district, give a certificate of proclamation of such banns.

10. If the non-resident party has dwelt in any part of His Majesty's dominions outside the British Islands, notice shall be given by that party-

(a) In accordance with any law of that part of His Majesty's dominions or, in the case of India, of the Governor-General of India in Council, as the case may be, giving effect to these Regulations, or to any repealed or future Order in Council under the Foreign Marriage Act; or

(6) In like manner as if the party were about to be married in that place; and a certificate by a marriage registrar or other like officer, of the giving of such notice, shall be obtained by such party, subject always to the law in force permitting of such notice being given and to the said officer being empowered to issue such certificate.

11. A law enacted by the Governor-General of India in Council or by the Parliament or Legislature of any part of His Majesty's dominions outside the British Islands other than British India shall be deemed to give effect to these Regulations or to any repealed or future Order in Council under the Foreign Marriage Act if it makes provision (in whatever terms expressed) as follows:-