1981 Ed.]
Marriage Reform
[CAP. 178
5
(3) A customary marriage of persons who are subject to Chinese law and custom is hereby declared to be a valid marriage.
8.
Subject to section 14, every marriage celebrated in Hong Kong before the appointed day as a modern marriage by a man and a woman each of whom, at the time of the marriage, was not less than 16 years of age and was not married to any other person shall be a valid marriage, and shall be deemed to have been valid since the time of celebration, notwithstanding--
(a) that the proper personal law and religion of the parties, or one of them, was Chinese law and custom, and the marriage was prohibited by or failed to comply with the requirements of Chinese law and custom; or
(b) that the marriage was not under and in accordance with the Marriage Ordinance.
Validation of modern marriage.
(Cap. 181)
PART IV
POST-REGISTRATION OF CUSTOMARY MARRIAGES AND VALIDATED MARRIAGES
9. (1) The Registrar shall maintain separate registers for the registration of customary marriages and validated marriages.
(2) The parties to a customary marriage or a validated marriage celebrated in Hong Kong before the appointed day may apply to the Registrar in the prescribed manner at any time for the registration of their marriage.
(3) The District Court shall have jurisdiction to hear and determine an application by a person claiming to be a party to a customary marriage or a validated marriage for a declaration that a customary marriage or validated marriage, as the case may be, subsists between that person and the other party to such marriage where-
(a) the other party disputes the existence of the marriage;
(b) the other party is unwilling to join in the application for the registration of the marriage under this section; or
(c) the whereabouts of the other party cannot after careful and reasonable inquiry be ascertained or it is for any other reason impracticable for such other party to be apprised of the application for the registration of the marriage under this section. (Replaced, 62 of 1979, s. 3)
(4) One party to a customary marriage or a validated marriage celebrated in Hong Kong before the appointed day may—
(a) with the consent in writing of the other party to the marriage; or
Registration of customary marriages and validated marriages.
1981 Ed.]
Marriage Reform
[CAP. 178
5
(3) A customary marriage of persons who are subject to Chinese law and custom is hereby declared to be a valid marriage.
8.
Subject to section 14, every marriage celebrated in Hong Kong before the appointed day as a modern marriage by a man and a woman each of whom, at the time of the marriage, was not less than 16 years of age and was not married to any other person shall be a valid marriage, and shall be deemed to have been valid since the time of celebration, notwithstanding--
(a) that the proper personal law and religion of the parties, or one of them, was Chinese law and custom, and the marriage was prohibited by or failed to comply with the requirements of Chinese law and custom; or
(b) that the marriage was not under and in accordance with
the Marriage Ordinance.
Validation of modern marriage.
(Cap. 1815
PART IV
POST-REGISTRATION OF CUSTOMARY MARRIAGES
AND VALIDATED MARRIAGES
9. (1) The Registrar shall maintain separate registers for the registration of customary marriages and validated marriages.
(2) The parties to a customary marriage or a validated mar- riage celebrated in Hong Kong before the appointed day may apply to the Registrar in the prescribed manner at any time for the registration of their marriage.
(3) The District Court shall have jurisdiction to hear and determine an application by a person claiming to be a party to a customary marriage or a validated marriage for a declaration that a customary marriage or validated marriage, as the case may be, subsists between that person and the other party to such marriage where-
(a) the other party disputes the existence of the marriage;
(b) the other party is unwilling to join in the application for the registration of the marriage under this section; or
(c) the whereabouts of the other party cannot after careful and reasonable inquiry be ascertained or it is for any other reason impracticable for such other party to be apprised of the application for the registration of the marriage under this section. (Replaced, 62 of 1979, s. 3)
(4) One party to a customary marriage or a validated marriage celebrated in Hong Kong before the appointed day may—
(a) with the consent in writing of the other party to the
marriage; or
Registration of customary marriages and validated
marriages.
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