1986 Ed.]
Legitimacy
[CAP. 184
5
(3) In this section, "void marriage" means a marriage, not being voidable only, in respect of which the Court has or had jurisdiction to grant a decree of nullity, or would have or would have had such jurisdiction if the parties were domiciled in or had a substantial connexion with Hong Kong.
Legitimacy of children of voidable
12. Where a decree of nullity is granted in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being annulled, at the date of the decree shall be deemed to be their legitimate child notwithstanding the annulment.
13. Nothing in this Ordinance shall affect the operation or construction of any disposition coming into operation before the commencement of this Ordinance, or affect any rights under the intestacy of a person dying before the commencement of this Ordinance.
14. (1) For the avoidance of doubt, it is declared that any person who is the child of
(a) a modern marriage validated by the Marriage Reform Ordinance;
(b) a customary marriage declared to be valid by the Marriage Reform Ordinance;
(c) a union of concubinage; or
(d) a kim tiu marriage entered in accordance with Chinese law and custom applicable thereto in Hong Kong before the appointed day under the Marriage Reform Ordinance,
shall be a legitimate child of the marriage or union and shall be deemed always to have been so legitimate, for all purposes.
(2) In this section, "union of concubinage" means a union of concubinage, entered by a male partner and a female partner before the appointed day under the Marriage Reform Ordinance, under which union the female partner has, during the lifetime of the male partner, been accepted by his wife as his concubine and recognized as such by his family generally.
1965 c. 72, s. 11.
Saving.
1926 c. 60, s. 1002).
Avoidance of doubt.
(Cap. 178.)
(Cap. 178.)
1.
SCHEDULE
REGISTRATION OF BIRTHS OF LEGITIMATED PERSONS
(s. 3(3).]
The Registrar of Births and Deaths (hereinafter referred to as the Registrar which term shall include any deputy registrar) may, on production of such evidence as appears to him to be satisfactory, authorize at any time the re-registration of the birth of a legitimated person whose birth is already registered under the Births and Deaths Registration Ordinance, and such re-registration shall be effected in such manner and at such place as the Registrar directs:
Provided that the Registrar shall not authorize the re-registration of the birth of any such person in any case where information with a view to obtaining such re-registration is not furnished to him by both parents, unless-
(Cap. 174)
1986 Ed.]
Legitimacy
[CAP. 184
5
(3) In this section, "void marriage" means a marriage, not being voidable only, in respect of which the Court has or had jurisdiction to grant a decree of nullity, or would have or would have had such jurisdiction if the parties were domiciled in or had a substantial connexion with Hong Kong.
Legitimacy of children of voidable
12. Where a decree of nullity is granted in respect of a voidable marriage, any child who would have been the legitimate child of the parties to the marriage if it had been dissolved, instead of being marriages. annulled, at the date of the decree shall be deemed to be their legitimate child notwithstanding the annulment.
13. Nothing in this Ordinance shall affect the operation or construction of any disposition coming into operation before the commencement of this Ordinance, or affect any rights under the intestacy of a person dying before the commencement of this Ordinance.
14. (1) For the avoidance of doubt, it is declared that any person who is the child of
(a) a modern marriage validated by the Marriage Reform
Ordinance;
(b) a customary marriage declared to be valid by the Marriage
Reform Ordinance;
(c) a union of concubinage; or
(d) a kim tiu marriage entered in accordance with Chinese law and custom applicable thereto in Hong Kong before the appointed day under the Marriage Reform Ordinance,
shall be a legitimate child of the marriage or union and shall be deemed always to have been so legitimate, for all purposes.
(2) In this section, "union of concubinage" means a union of concubinage, entered by a male partner and a female partner before the appointed day under the Marriage Reform Ordinance, under which union the female partner has, during the lifetime of the male partner, been accepted by his wife as his concubine and recognized as such by his family generally.
1965 c. 72, s. 11.
Saving.
1926 c. 60. s. 1002).
Avoidance of doubt.
(Cap. 178.)
(Cap. 178.)
1.
SCHEDULE
REGISTRATION OF BIRTHS OF LEGITIMATED PERSONS
(s. 3(3).]
The Registrar of Births and Deaths (hereinafter referred to as the Registrar which term shall include any deputy registrar) may, on production of such evidence as appears to him to be satisfactory, authorize at any time the re-registration of the birth of a legitimated person whose birth is already registered under the Births and Deaths Registration Ordinance, and such re-registration shall be effected in such manner and at such place as the Registrar directs:
Provided that the Registrar shall not authorize the re-registration of the birth of any such person in any case where information with a view to obtaining such re-registration is not furnished to him by both parents, unless-
(Cap. 174)
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