Hong Kong Ordinances

BIRTHS AND DEATHS REGISTRATION ORDINANCE - SECT 13

Registration of name of child or of alteration of name

Caution: This is a past version. See the current version here.

(1) Subject to subsection (3A), in every case where it is desired after
registration to alter or add to the name of any child whose birth has been
registered with a name, or to give a name or names to any child whose birth
has been registered without a name, the parent or guardian of such child may
make a declaration in writing before a registrar in the prescribed form: (See
Forms 4 & 5) (Amended 52 of 1979 s. 2) Provided that whenever it is shown to
the satisfaction of the registrar that, owing to death or absence from Hong
Kong or other reasonable cause, the parent or guardian is unable to attend to
make a declaration in writing in accordance with this section, it shall be
lawful for the registrar, in his discretion, upon such evidence as he may in
the circumstances deem sufficient, to act in all respects as if a declaration
in writing had been made under this subsection before him personally. (Amended
67 of 1984 s. 4)

(2) The registrar shall, without erasure of the previous entry, forthwith-

   (a)  if the birth has been registered in a register book, subject to
        subsection (6), enter in the register book; or

   (b)  if the particulars of the registration have been recorded in the
        computer record, enter in the computer record, the name or names
        desired to be substituted or added and the date when such substitution
        or addition is entered, and the substituted name or the added name is
        regarded as registered on that date. (Replaced 80 of 1997 s. 57)

(2A) On the alteration or addition of name under this section, the registrar
shall, if requested, on payment of a fee of $140, issue a certificate in the
prescribed form to any person making the request. (See Forms 6 & 7) (Added 80
of 1997 s. 57. Amended L.N. 452 of 1997)

(3) For every such entry made within a period of 42 days from the date of the
birth no fee shall be paid. For every such entry made after such 42 days a fee
of $425 shall be paid. (Amended 1 of 1965 s. 7; 48 of 1975 s. 3; 67 of 1984 s.
4; 51 of 1986 s. 3; L.N. 73 of 1991; L.N. 196 of 1993; L.N. 362 of 1994; L.N.
241 of 1995; L.N. 283 of 1996; L.N. 452 of 1997)

(3A) No alteration or addition to the name or names of a child shall be made
under this section after the child has attained the age of 11 years. (Added 52
of 1979 s. 2. Amended 80 of 1997 s. 57)

(4) In this section, "name" (名) or (名字) does not include "surname"
(姓氏).

(5) Where subsection (2)(a) applies and the alteration or addition of name is
made in a district registry office and entered in a district register book,
the registrar of that office shall forward forthwith to the Registrar
particulars of the entry made, and the Registrar shall cause the alteration or
addition of name to be entered in the register book kept at the general
register office. (Replaced 80 of 1997 s. 57)

(6) Where subsection (2)(a) applies and the register book or the relevant part
of it in which the birth has been registered has been microfilmed for the
purpose of section 4(3)(a), the name or names desired to be substituted or
added and the date when such substitution or addition was entered shall be
entered on a reader-printer hard copy of the microfilm in the like manner as
described in section 27(2) and (3). (Added 80 of 1997 s. 57)

(7) Where subsection (2)(b) applies and the alteration or addition of name is
made in a district registry office, the registrar of that office shall forward
forthwith to the Registrar particulars of the entry made, and the Registrar
shall cause the alteration or addition of name to be recorded on microfilm and
entered in the births register in the like manner as described in
section 27(2) and (3). (Added 80 of 1997 s. 57) [cf. 1874 c. 88 s. 8 U.K.]
"name" (名) or (名字)