35705-1914-The-Foreign-Marriages-Order-in-Council-1913 — Page 4

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THE HONGKONG GOVERNMENT GAZETTE, FEBRUARY 27, 1914.

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18. (1) A marriage solemnized in accordance with the local law of a foreign country shall not be registered under section 18 of the Foreign Marriage Act, except by a consular officer, who is a marriage officer, or is for the time being authorized by the Secretary of State to register such marriages.

(2) A consular officer shall not be required to satisfy himself by personal attendance that a marriage has been duly solemnized in accordance with the local law unless the mar- riage is solemnized at the place where he is appointed to reside, or unless the proper fee has been previously paid to him.

(3) The consular officer shall forthwith, after he has by personal attendance satisfied himself as to the solemnization of the marriage, register the marriage in duplicate in books furnished to him for the purpose by the Registrar-General through a Secretary of State separate from any register books provided for marriages solemnized by him, and shall register the same in accordance with section 9 of the Foreign Marriage Act, save that if the person by whom the marriage has been solemnized declines to sign the same, the consular officer shall enter the name of that person, and the fact that he declines to sign the same.

(4) The consular officer shall transmit copies and the certificate and the book when filled in manner provided by section 10 of the Foreign Marriage Act.

19.—(1) A Secretary of State, by a written authority under section 11 of the Foreign Marriage Act, may authorize a person to act in the place of a High Commissioner or Re- sident mentioned in that section, outside of His Majesty's dominions.

(2) If a Secretary of State gives such authority, or, in pursuance of the said section, authorizes any High Commissioner, Resident, or other officer outside His Majesty's dominious, not being an Ambassador or a consular officer, to be a marriage officer, then, for the purpose of marriages solemnized and registered by or before any High Commissioner, Resident, or officer, or person so authorized, expressions in the Foreign Marriage Act shall be construed as follows:

(a) Expressions referring to the district of a marriage officer shall be construed to refer to the district for which such High Commissioner, Resident, officer, or person is authorized to act for the purpose of the Foreign Marriage Act. (b) The expression "official house of a marriage officer" shall be construed to refer to the building or part of a building or place specified in the document by which he is authorized to act.

(c) The expression "office", when used with respect to the place at which any act or thing shall or may be done, shall be construed to refer to such portion of the building, part, or place so specified as is ordinarily accessible to the public.

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20.-(1) Marriages, under the Foreign Marriage Act, on board one of His Majesty's vessels may be solemnized by or before a commanding officer of such rank and of such vessel as is for the time being authorized for that purpose by or in pursuance of any Ad- miralty instructions; and for the purpose of any such marriages a commanding officer so authorized shall, without any written warrant, be a marriage officer, and for the purpose such marriages expressions in the Foreign Marriage Act shall be construed as follows:-

(a) Expressions referring to a district of a marriage officer shall be construed to refer to such parts of the foreign station to which the commanding officer is attached as may be specified in that behalf by Admiralty instructions. (b) The expression "official house of a marriage officer" shall be construed to

refer to the vessel of the said commanding officer.

(c) 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 the part of the ship on which public notices are affixed.

(2) The commanding officer, before he solemnizes a marriage, shall be satisfied that, at the port or place where the marriage is solemnized, sufficient facilities do not exist for the solemnization of the marriage on land, either in accordance with the local law of the country or in accordance with the Foreign Marriage Act.

(3) The requirements of the Foreign Marriage Act as to residence and notice shall be modified as follows, namely, not less than three weeks' notice of the intended marriage must have been given in such public manner, or to such relatives or friends of the parties, as satisfies the commanding officer that as much notice of the intended marriage has been given

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