35705-1914-The-Foreign-Marriages-Order-in-Council-1913 — Page 3

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THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 27,

1914.

(1) That a notice of a marriage intended to be solemnized under the Foreign Marriage Act may be given by one of the parties intending such marriage who has had his or her usual place of abode for a period of not less than one week immediately preceding in some place in India or in such part of His Majesty's dominions (as the case may be) to such marriage registrar or other officer as may be designated by the law in this behalf;

(2) That such notice shall be published either by proclamation of banns or in

such other manner as the law may provide ; and

(3) That such marriage registrar or other officer, unless he is aware of any impediment or objection which should obstruct the solemnization of the marriage, shall, on payment of such fee, if any, as the law may provide, give a certificate that the said notice has been so given and published as aforesaid.

12. If the non-resident party has dwelt in the district of a marriage officer in a foreign country, notice shall be given by that party and entered and posted up by the marriage officer in the manner and during the period provided by the Foreign Marriage Act, in like manner as if the marriage were to be solemnized by or before such marriage officer, and such marriage officer shall, on payment of the proper fee, give a certificate that the notice has been so given and posted up, and that he is unaware of any impediment which should obstruct the solemnization of the marriage.

13. If the place in a foreign country at which the non-resident party has dwelt is not within the district of a marriage officer, the notice to be given by that party may be given to any person author zed by the Secretary of State to receive such notices; and such person may receive, enter, and post up such notice and give a certificate that the notice has been so given and posted up and that he is unaware of any impediment, as if he were a marriage officer.

14. Where neither party 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 and (4) the marriage cannot conveniently be solemnized under the Foreign Marriage Act at the place where either of the parties has had his or her usual place of abode, or (b) the permission of the Secretary of State has been obtained, notice shall be given by each of the parties in the place where he or she has had his or her usual place of abode for a period of not less than one week immediately preceding the giving of such notice in the manner provided by articles 9 to 13 of these Regulations and a certificate of the giving of such notice shall be obtained, and one of the parties shall give or transmit to the marriage officer by or before whom the marriage is to be solemnized a notice stating the particulars and in the form given in Form No. 1 of the Schedule to these Regulations, and the marriage officer, if satisfied that the marriage cannot conveniently be solemnized under the Foreign Marriage Act at the place where either of the parties has had his or her usual place of abode or that the permission of the Secretary of State has been obtained, may accept the notice as if both. parties had been resident within his district.

15. Where the Secretary of State is satisfied that for some good cause a party to an intended marriage has not been able to comply with the requirements of these Regulations as to notice, and is satisfied that the intended marriage is not clandestine, and that adequate notice has been given, he may give permission for the intended marriage to be solemnized.

16. In cases falling under articles 8 to 15 of these Regulations the oath, affirmation or declaration under section 7 of the Foreign Marriage Act shall in addition to the matters specified in sub-sections (a) and (e) of that section state the place where each of the parties has had his or her usual place of abode, and the notice, if any, which has been given in that place, or to the marriage officer.

17. At or before the time when a non-resident party appears before the marriage officer and makes the oath under section 7 of the Foreign Marriage Act, he or she shall, unless the marriage is solemnized with the permission of the Secretary or State, give or transmit to the marriage officer the certificate that the notice prescribed by these Regulations has been given at the place where such party has had his or her usual place of abode.

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