Registrar-Generals-Department-Annual-report-1968-1969 — Page 50

PART VIII

MARRIAGE REGISTRY

Explanatory

142. All marriages except non-Christian customary marriages are governed by the provisions of the Marriage Ordinance. Under this, after a notice of intended marriage has been exhibited at the Registry for fifteen clear days, a certificate is issued which enables the marriage to be celebrated at a licensed place of worship, or contracted as a civil marriage before a Deputy Registrar. Where he is satisfied that there are special circumstances justifying his doing so, the Registrar may issue the certificate at any time within the fifteen days. Under Section 11 the Governor may, when he sees fit, grant a special licence dis- pensing with notice altogether or with the certificate of the Registrar or with both. Such licences are given only in exceptional circumstances.

143. Notices of marriage are exhibited at the Registry where given and also at the principal Marriage Registry, to which records of all marriages under the Ordinance are sent for permanent retention.

144. The Marriage Ordinance does not apply to non-Christian customary marriages duly celebrated according to the personal law and religion of the parties. No records of such marriages are available, but the number is definitely decreasing as more and more couples display a preference for registered marriages under the Marriage Ordinance. A recent analysis based on changes in the conjugal status of the popula- tion suggests that in 1968-69 there may have been in the region of three unregistered marriages for every seven registered, excluding remarriages of the type mentioned in paragraph 154. As mentioned in previous reports the position with respect to these unregistered marriages is far from satisfactory, the great majority being of doubtful validity since they have been contracted not in accordance with the full traditional forms prescribed by Chinese custom, but in supposed conformity with articles 980 to 988 of the Civil Code of the former Nationalist Govern- ment of China. There are also large numbers of irregular unions in which the two parties live together, have children, and are regarded by themselves and others as to all intents and purposes married. Much thought has been given in the past to this unsatisfactory situation and the measures required to deal with it, and a number of reports on the subject have been published. In mid-1965 unanimous agreement was reached between the Attorney General, the Secretary for Chinese Affairs

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