MARRIAGE ORDINANCE - CHAPTER 181 MARRIAGE ORDINANCE - LONG TITLE Long title VerDate:30/06/1997 To provide for the celebration of Christian marriages or the civil equivalent thereof, and for matters connected therewith. (Replaced 1 of 1960 s. 2) [1 March 1876] Proc. No. 3 of 1876 (Originally 14 of 1875; 3 of 1893; 5 of 1916 (Cap 181, 1950)) MARRIAGE ORDINANCE - SECT 1 Short title VerDate:13/03/2006 PART 1 PRELIMINARY (Added 23 of 2005 s. 29) This Ordinance may be cited as the Marriage Ordinance. (Amended 5 of 1924 s. 6) MARRIAGE ORDINANCE - SECT 1 Short title VerDate:30/06/1997 This Ordinance may be cited as the Marriage Ordinance. (Amended 5 of 1924 s. 6) MARRIAGE ORDINANCE - SECT 2 Interpretation VerDate:27/08/2007 In this Ordinance, unless the context otherwise requires- "Appeal Board" (上訴委員會) means the Civil Celebrant of Marriages Appointment Appeal Board established under section 5J; (Added 23 of 2005 s. 3) "certificate of marriage" (結婚證書) means a certificate of marriage in Form 4, Form 6 or Form 7, as may be applicable, in Schedule 1; (Added 23 of 2005 s. 30) "certificate of the Registrar" (登記官證明書) means a Certificate of Registrar of Marriages issued under section 9(1); (Added 23 of 2005 s. 30) "civil celebrant" (婚姻監禮人) means a civil celebrant of marriages appointed under section 5A whose appointment is for the time being valid; (Added 23 of 2005 s. 3) "code of practice" (實務守則) means a code of practice issued under section 5C(1); (Added 23 of 2005 s. 3) "digital image" (數碼影像), in relation to a document, means an image of the document kept on a computer system or on an electronic medium; (Added 8 of 2006 s. 41) "licensed place of worship" (特許禮拜場所) means a place licensed under section 4; (Added 23 of 2005 s. 30) "notice of intended marriage" (擬結婚通知書) means a notice given under section 6(1); (Added 23 of 2005 s. 30) "prescribed fee" (訂明費用) means, in relation to any matter provided for in this Ordinance, the fee specified in Schedule 2 in respect of the matter; (Added 23 of 2005 s. 3) "proposed date of marriage" (預定結婚日期) means the date on which an intended marriage is proposed to be contracted; (Added 23 of 2005 s. 3) "Registrar" (登記官) means the Registrar of Marriages appointed under section 3 and includes any deputy registrar of marriages so appointed; (Amended 23 of 2005 s. 30) "Secretary" (局長) means the Secretary for Security; (Added 23 of 2005 s. 3) "special licence" (特別許可證) means a special licence granted under section 11(1). (Added 23 of 2005 s. 30) (Added 20 of 1948 s. 4) "Appeal Board" (上訴委員會) "certificate of marriage" (結婚證書) "certificate of the Registrar" (登記官證明書) "civil celebrant" (婚姻監禮人) "code of practice" (實務守則) "digital image" (數碼影像) "licensed place of worship" (特許禮拜場所) "notice of intended marriage" (擬結婚通知書) "prescribed fee" (訂明費用) "proposed date of marriage" (預定結婚日期) "Registrar" (登記官) "Secretary" (局長) "special licence" (特別許可證) MARRIAGE ORDINANCE - SECT 2 Interpretation VerDate:13/03/2006 In this Ordinance, unless the context otherwise requires- "Appeal Board" (上訴委員會) means the Civil Celebrant of Marriages Appointment Appeal Board established under section 5J; (Added 23 of 2005 s. 3) "certificate of marriage" (結婚證書) means a certificate of marriage in Form 4, Form 6 or Form 7, as may be applicable, in Schedule 1; (Added 23 of 2005 s. 30) "certificate of the Registrar" (登記官證明書) means a Certificate of Registrar of Marriages issued under section 9(1); (Added 23 of 2005 s. 30) "civil celebrant" (婚姻監禮人) means a civil celebrant of marriages appointed under section 5A whose appointment is for the time being valid; (Added 23 of 2005 s. 3) "code of practice" (實務守則) means a code of practice issued under section 5C(1); (Added 23 of 2005 s. 3) "licensed place of worship" (特許禮拜場所) means a place licensed under section 4; (Added 23 of 2005 s. 30) "notice of intended marriage" (擬結婚通知書) means a notice given under section 6(1); (Added 23 of 2005 s. 30) "prescribed fee" (訂明費用) means, in relation to any matter provided for in this Ordinance, the fee specified in Schedule 2 in respect of the matter; (Added 23 of 2005 s. 3) "proposed date of marriage" (預定結婚日期) means the date on which an intended marriage is proposed to be contracted; (Added 23 of 2005 s. 3) "Registrar" (登記官) means the Registrar of Marriages appointed under section 3 and includes any deputy registrar of marriages so appointed; (Amended 23 of 2005 s. 30) "Secretary" (局長) means the Secretary for Security; (Added 23 of 2005 s. 3) "special licence" (特別許可證) means a special licence granted under section 11(1). (Added 23 of 2005 s. 30) (Added 20 of 1948 s. 4) "Appeal Board" (上訴委員會) "certificate of marriage" (結婚證書) "certificate of the Registrar" (登記官證明書) "civil celebrant" (婚姻監禮人) "code of practice" (實務守則) "licensed place of worship" (特許禮拜場所) "notice of intended marriage" (擬結婚通知書) "prescribed fee" (訂明費用) "proposed date of marriage" (預定結婚日期) "Registrar" (登記官) "Secretary" (局長) "special licence" (特別許可證) MARRIAGE ORDINANCE - SECT 2 Interpretation VerDate:30/06/1997 In this Ordinance, unless the context otherwise requires- "Registrar" means the Registrar of Marriages appointed under section 3 and any deputy registrar of marriages so appointed. (Added 20 of 1948 s. 4) "Registrar" MARRIAGE ORDINANCE - SECT 2A Certain notices are not subsidiary legislation VerDate:13/03/2006 A notice under section 5, 5A(4)(c), 5C(3), 5D(8)(a), 5E(9) or 5J(5) is not subsidiary legislation. (Added 23 of 2005 s. 4) MARRIAGE ORDINANCE - SECT 3 Registrar of Marriages and deputy registrars VerDate:13/03/2006 PART 2 AUTHORITIES FOR CELEBRATION OF MARRIAGE (Added 23 of 2005 s. 31) (1) It shall be lawful for the Chief Executive from time to time to appoint such person as he may please to be Registrar of Marriages, and to appoint deputy registrars of marriages. (Amended 71 of 1999 s. 3) (2) It shall not be necessary in any such appointment to name any particular individual and the appointment may be of the holder of an office in the name of the office, in which case the person for the time being performing the duties of such office shall be deemed to have been appointed to be Registrar or a deputy registrar, as the case may be, and all the powers and duties expressed by this or any other Ordinance to be conferred or imposed on the Registrar or on a deputy registrar, as the case may be, shall from time to time be deemed to have been conferred or imposed on the person for the time being performing the duties of such office. (Replaced 14 of 1926 s. 2. Amended 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 3 Registrar of Marriages and deputy registrars VerDate:30/06/1997 (1) It shall be lawful for the Governor from time to time to appoint such person as he may please to be Registrar of Marriages, and to appoint deputy registrars of marriages. (2) It shall not be necessary in any such appointment to name any particular individual and the appointment may be of the holder of an office in the name of the office, in which case the person for the time being performing the duties of such office shall be deemed to have been appointed to be Registrar or a deputy registrar, as the case may be, and all the powers and duties expressed by this or any other Ordinance to be conferred or imposed on the Registrar or on a deputy registrar, as the case may be, shall from time to time be deemed to have been conferred or imposed on the person for the time being performing the duties of such office. (Replaced 14 of 1926 s. 2. Amended 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 4 Licensing of places of worship VerDate:13/03/2006 The Chief Executive may- (Amended 23 of 2005 s. 32) (a) by granting a licence in respect of any place of public worship, license such place to be a place for celebration of marriages; and (b) cancel any such licence at any time. (Amended 71 of 1999 s. 3; 23 of 2005 s. 32) MARRIAGE ORDINANCE - SECT 4 Licensing of places of worship VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 The Chief Executive may license any place of public worship to be a place for the celebration of marriages, and may at any time cancel any such licence. (Amended 71 of 1999 s. 3) MARRIAGE ORDINANCE - SECT 4 Licensing of places of worship VerDate:30/06/1997 The Governor may license any place of public worship to be a place for the celebration of marriages, and may at any time cancel any such licence. MARRIAGE ORDINANCE - SECT 5 Notification of licence VerDate:13/03/2006 Whenever the Chief Executive grants or cancels any licence under section 4, the Registrar shall give public notice thereof in the Gazette. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 71 of 1999 s. 3; 23 of 2005 s. 33) MARRIAGE ORDINANCE - SECT 5 Notification of such licence VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 Whenever the Chief Executive grants or cancels any such licence, the Registrar shall give public notice thereof in the Gazette. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 71 of 1999 s. 3) MARRIAGE ORDINANCE - SECT 5 Notification of such licence VerDate:30/06/1997 Whenever the Governor grants or cancels any such licence, the Registrar shall give public notice thereof in the Gazette. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 5A Appointment of civil celebrant and renewal of appointment VerDate:13/03/2006 PART 3 CIVIL CELEBRANTS OF MARRIAGES (1) The Registrar may, upon application, appoint any person who meets all criteria prescribed for the time being in Schedule 4 as a civil celebrant of marriages. (2) The Registrar may, upon application of a civil celebrant, renew his appointment as a civil celebrant if he meets all criteria prescribed for the time being in Schedule 4. (3) An appointment- (a) made under subsection (1); or (b) renewed under subsection (2), is valid for 5 years. This period of 5 years shall not be affected by any suspension under section 5E. (4) The Registrar shall- (a) effect an appointment by giving the applicant concerned a written notice; (b) effect a renewal of appointment by giving the civil celebrant concerned a written notice; and (c) publish an appointment or a renewal of appointment by notice in the Gazette. (Part 3 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5B Application for appointment as civil celebrant or renewal of appointment VerDate:13/03/2006 (1) An application for appointment or renewal of appointment under section 5A shall be- (a) in such form as the Registrar may specify; (b) submitted in such manner as the Registrar may specify; (c) accompanied by such information or documents as the Registrar may specify or as he may reasonably require; (d) accompanied by the prescribed fee for application processing; and (e) accompanied by the prescribed fee for- (i) appointment as civil celebrant; or (ii) renewal of appointment as civil celebrant, as may be appropriate. (2) The Registrar may refuse to process an application if subsection (1) is not complied with in relation to it. (3) The Registrar shall refuse an application if- (a) the applicant does not meet any criterion prescribed in Schedule 4; or (b) a notice given under section 5D(9) is in force in relation to the applicant. (4) If an application is refused by the Registrar- (a) he shall give the applicant a written notice of- (i) the refusal; and (ii) the reason for the refusal; and (b) the prescribed fee for- (i) appointment as civil celebrant; or (ii) renewal of appointment as civil celebrant, as may be appropriate, shall be refunded to the applicant. (5) Where- (a) a person applies for appointment or renewal of appointment by virtue of a professional qualification prescribed in Schedule 4; and (b) he is a member of a professional body which has statutory authority to regulate the relevant profession, the Registrar may consult the body on whether the applicant meets any criterion prescribed in Schedule 4. (Part 3 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5C Code of practice for civil celebrants VerDate:13/03/2006 (1) The Registrar may issue such code of practice as he considers appropriate for the purpose of providing practical guidance in respect of the professional conduct of civil celebrants. (2) The Registrar may from time to time revise a code of practice. (3) The Registrar shall publish by notice in the Gazette- (a) a code of practice and its commencement date; and (b) the particulars of any revision under subsection (2) and its commencement date. (Part 3 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5D Cancellation of appointment of civil celebrant VerDate:13/03/2006 (1) The Registrar may cancel the appointment of a civil celebrant- (a) if the civil celebrant ceases to meet any criterion prescribed in Schedule 4 as in force- (i) at the time of the appointment; or (ii) at the time of the latest renewal of the appointment, as may be appropriate; (b) if he is satisfied that at the time of the appointment or renewal of appointment, as may be appropriate, the civil celebrant did not meet any criterion so prescribed; (c) if the civil celebrant contravenes a code of practice; (d) if the civil celebrant is convicted of an offence under this Ordinance; (e) upon a written request of the civil celebrant; or (f) if the civil celebrant dies. (2) The Registrar may cancel the appointment of a civil celebrant under subsection (1) notwithstanding that the appointment has already been suspended under section 5E. (3) Where a civil celebrant is a member of a professional body, the Registrar may consult the body on whether- (a) the civil celebrant ceases to meet any criterion prescribed in Schedule 4 as in force- (i) at the time of his appointment; or (ii) at the time of the latest renewal of his appointment, as may be appropriate; or (b) the civil celebrant met any criterion so prescribed when- (i) he was appointed a civil celebrant; or (ii) his appointment was renewed, as may be appropriate. (4) Except where subsection (7) applies, if the Registrar intends to cancel the appointment of a person under subsection (1)(a), (b), (c) or (d), the Registrar shall give the person a written notice of the intention and the reason for the proposed cancellation. (5) If the Registrar gives a notice to a person under subsection (4), the person may, within 14 days after the date of the notice or such longer period as the Registrar may allow, make representation to the Registrar in the manner specified in the notice. (6) The Registrar shall not cancel the appointment of a person until- (a) the 14-day period or longer period (if any) referred to in subsection (5) has expired and the person has not made any representation; or (b) the person has made representation and the Registrar has considered the representation. (7) If- (a) a civil celebrant- (i) was appointed by virtue of meeting the criterion prescribed in paragraph 1(a) of Schedule 4; and (ii) has his name struck off from the roll of the solicitors of the High Court; or (b) a civil celebrant- (i) was appointed by virtue of meeting the criterion prescribed in paragraph 1(b) of Schedule 4; and (ii) has his name struck off from the register of notaries public, his appointment as a civil celebrant is deemed to be cancelled under subsection (1). (8) If the Registrar cancels the appointment of a person, he shall- (a) publish the cancellation by notice in the Gazette; and (b) give the person a written notice of the cancellation. (9) If the Registrar cancels the appointment of a person under subsection (1)(c) or (d), he may, by giving the person a written notice, prohibit the person from applying for appointment under section 5B in such period as he may specify in the notice. (10) A period specified under subsection (9) shall not be longer than 3 years. (11) If an appointment is cancelled, no fee paid in accordance with section 5B(1)(e) in respect of the appointment or the renewal of it shall be refunded. (Part 3 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5E Suspension of appointment VerDate:13/03/2006 (1) If a civil celebrant contravenes a code of practice, the Registrar may, by giving the person a written notice, suspend the appointment of the civil celebrant for such period as the Registrar may specify in the notice. (2) Subsection (1) is without prejudice to section 5D(1)(c). (3) If the Registrar intends to suspend the appointment of a person under subsection (1), the Registrar shall give the person a written notice of- (a) the intention; (b) the reason for the proposed suspension; and (c) the length of the proposed suspension period. (4) If the Registrar gives a notice to a person under subsection (3), the person may, within 14 days after the date of the notice or such longer period as the Registrar may allow, make representation to the Registrar in the manner specified in the notice. (5) The Registrar shall not suspend the appointment of a person until- (a) the 14-day period or longer period (if any) referred to in subsection (4) has expired and the person has not made any representation; or (b) the person has made representation and the Registrar has considered the representation. (6) A period specified under subsection (1)- (a) may be longer or shorter than the proposed suspension period referred to in subsection (3)(c); and (b) shall not be longer than 18 months. (7) If- (a) a person- (i) is appointed as a civil celebrant by virtue of meeting the criterion prescribed in paragraph 1(a) of Schedule 4; and (ii) is subsequently suspended from practice as a solicitor for any period by a Solicitors Disciplinary Tribunal under section 10 of the Legal Practitioners Ordinance (Cap 159); or (b) a person- (i) is appointed as a civil celebrant by virtue of meeting the criterion prescribed in paragraph 1(b) of Schedule 4; and (ii) is subsequently suspended from practice as a notary public for any period by a Notaries Public Disciplinary Tribunal under section 40J of the Legal Practitioners Ordinance (Cap 159), his appointment as a civil celebrant shall be suspended during that period. (8) An appointment suspended under this section shall not, during the suspension period, be regarded as valid for the purposes of the definition of "civil celebrant" in section 2. (9) If the appointment of a civil celebrant is suspended, the Registrar shall publish the suspension by notice in the Gazette. (10) If an appointment is suspended, no fee paid in accordance with section 5B(1)(e) in respect of the appointment or the renewal of it shall be refunded. (Part 3 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5F Marriage not affected by defect in civil celebrant's appointment VerDate:13/03/2006 Without prejudice to the generality of section 27(3), the validity of a marriage celebrated by a civil celebrant shall not be affected by- (a) any irregularity in the appointment of the civil celebrant by the Registrar; (b) the fact that the civil celebrant was not- (i) eligible for appointment at the time of his appointment; or (ii) eligible for having his appointment renewed at the time of renewal of his appointment, as may be appropriate; or (c) the fact that the appointment of the civil celebrant was, at the time of the celebration, liable to be cancelled or suspended. (Part 3 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5G Return documents to Registrar in case of cancellation or suspension VerDate:13/03/2006 (1) A civil celebrant whose appointment is cancelled under section 5D(1) or suspended under section 5E shall deliver- (a) the notice of appointment or renewal of appointment given to him by the Registrar; (b) all notices of intended marriage supplied to him under section 8 (including those which have been cancelled); and (c) all marriage certificates supplied to him under section 20A that have not been issued (including those which have been cancelled), to the Registrar within 14 days after such cancellation or suspension. (2) Where- (a) the appointment of a civil celebrant is suspended for a period; and (b) the civil celebrant delivers any notice of appointment or renewal of appointment to the Registrar in accordance with subsection (1)(a), the Registrar shall return such notice to the civil celebrant as soon as practicable after the expiry of that period. (Part 3 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5H Civil celebrant shall provide information VerDate:13/03/2006 (1) For the purpose of investigating and obtaining evidence of any suspected offence under this Ordinance or of any suspected contravention of a code of practice, the Registrar may request a civil celebrant to provide information in relation to the practice of the civil celebrant. The civil celebrant shall provide such information as soon as practicable upon receiving the request of the Registrar. (2) If a civil celebrant ceases to meet any criterion prescribed in Schedule 4 as in force- (a) at the time of his appointment; or (b) at the time of the latest renewal of his appointment, as may be appropriate, he shall, within 14 days of such cessation, notify the Registrar in writing of such cessation. (Part 3 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5I Manner of giving notice VerDate:13/03/2006 A written notice that may be given or is required to be given under this Part to a person shall be sent by post to the person's last address known to the Registrar. (Part 3 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5J Civil Celebrant of Marriages Appointment Appeal Board VerDate:13/03/2006 PART 4 APPEALS RELATING TO APPOINTMENT OF CIVIL CELEBRANTS (1) There shall be a Civil Celebrant of Marriages Appointment Appeal Board. (2) The Appeal Board comprises- (a) a Chairperson; (b) such number of Deputy Chairpersons as the Secretary considers necessary; and (c) such number of members as the Secretary considers necessary. (3) The Chairperson, Deputy Chairpersons and members of the Appeal Board shall be appointed by the Secretary for a term specified in the instrument of appointment. (4) A public officer shall not be appointed under subsection (3). (5) The Secretary shall give notice of all appointments made under subsection (3) in the Gazette. (6) The function of the Appeal Board is to hear and determine appeals lodged under section 5K. (7) The Chairperson, Deputy Chairpersons and members of the Appeal Board shall be paid such remuneration as the Secretary may determine. (Part 4 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5K Registrar's decisions subject to appeal VerDate:13/03/2006 (1) An applicant who is aggrieved by the refusal of his application under section 5B(3) may appeal to the Appeal Board against the decision of the Registrar. (2) A civil celebrant who is aggrieved by the cancellation of his appointment under section 5D(1) (except by virtue of section 5D(7)) may appeal to the Appeal Board against the decision of the Registrar. (3) A person who is aggrieved by a notice given to him under section 5D(9) may appeal to the Appeal Board against the decision of the Registrar. (4) A civil celebrant who is aggrieved by a suspension of his appointment under section 5E(1) may appeal to the Appeal Board against the decision of the Registrar. (5) An appeal under subsection (2), (3) or (4) does not suspend the decision of the Registrar appealed against. (Part 4 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5L Decisions of Appeal Board VerDate:13/03/2006 (1) The Appeal Board may, on an appeal lodged under section 5K against a decision of the Registrar- (a) confirm the decision appealed against and dismiss the appeal accordingly; (b) revoke the decision appealed against and substitute any decision that the Registrar could have made for the decision appealed against; or (c) revoke the decision appealed against. (2) An appointment cancelled under subsection (1)(b) shall, for the purposes of other provisions of this Ordinance (except section 5K), be regarded as being cancelled under section 5D(1). (3) If the Appeal Board gives under subsection (1)(b) a notice that the Registrar could have given under section 5D(9), the notice shall, for the purposes of other provisions of this Ordinance (except section 5K), be regarded as a notice given under section 5D(9). (4) An appointment suspended under subsection (1)(b) shall, for the purposes of other provisions of this Ordinance (except section 5K), be regarded as being suspended under section 5E(1). (Part 4 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 5M Decision of Appeal Board is final VerDate:13/03/2006 The decision of the Appeal Board on an appeal shall be final. (Part 4 added 23 of 2005 s. 5) MARRIAGE ORDINANCE - SECT 6 Giving of notice of intended marriage VerDate:13/03/2006 PART 5 REQUIREMENTS RELATING TO PRE-CELEBRATION PROCEDURES (Added 23 of 2005 s. 34) (1) Whenever any persons desire to marry, one of the proposed parties to the intended marriage shall give a notice of intended marriage to the Registrar in Form 1 in Schedule 1 either directly or through a civil celebrant. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 1 of 1960 s. 3; 23 of 2005 ss. 6 & 35) (2) Every notice of intended marriage shall be signed by the party giving the notice. (Amended 23 of 2005 s. 35) (3) A notice of intended marriage given through a civil celebrant shall- (a) be accompanied by the prescribed fee for filing and exhibition of the notice; and (b) subject to section 6A(c), be given within the period of 3 months preceding the proposed date of marriage. (Added 23 of 2005 s. 6) (4) A notice of intended marriage shall not be invalidated by any change in any information contained in it, but the Registrar may require the parties to make an appropriate amendment to it. (Added 23 of 2005 s. 35) MARRIAGE ORDINANCE - SECT 6 Giving of notice of intended marriage VerDate:30/06/1997 (1) Whenever any persons desire to marry, one of the parties to the intended marriage shall give notice thereof to the Registrar in the prescribed form. (See First Schedule, Form 1) (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 1 of 1960 s. 3) (2) Every such notice shall be signed by the party giving the notice. MARRIAGE ORDINANCE - SECT 6A Provisions applicable where notice of intended marriage is given through civil celebrant VerDate:13/03/2006 Where a civil celebrant agrees to be a civil celebrant through whom a notice of intended marriage is given to the Registrar, the civil celebrant shall, as soon as practicable- (a) accept the notice if it is duly completed and accompanied by the prescribed fee for filing and exhibition of the notice; (b) collect the prescribed fee on behalf of the Registrar; and (c) transmit- (i) the notice; (ii) the prescribed fee; (iii) the affidavit taken under section 12 in respect of the intended marriage; and (iv) (where applicable) the written consent produced to him under section 14(1A), to the Registrar. (Added 23 of 2005 s. 7) MARRIAGE ORDINANCE - SECT 7 Filing, exhibition and inspection of notice of intended marriage VerDate:27/08/2007 (1) The Registrar shall file every notice of intended marriage given to him in his office. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) (2) He shall exhibit one copy of Part I of a notice of intended marriage at the office of the Registrar and may, if he thinks fit, exhibit copies in other conspicuous places open to the public, and shall keep every such copy so exhibited until he issues a certificate as hereinafter mentioned or until the 3 months referred to in section 10 expire. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 14 of 1926 s. 5; 20 of 1948 s. 4) (3) The Registrar may cause all notices of intended marriage filed in his office under this section and copies of Part I of such notices produced for inspection under subsection (4) to be recorded in the form of digital image. (Replaced 80 of 1997 s. 73. Amended 8 of 2006 s. 42) (4) The Registrar shall, upon request by any person to inspect any notice of intended marriage filed under this section, produce to such person for inspection a copy of Part I of such notice (including any copy in the form of a hard copy of the digital image of such notice) and such copy shall be the same copy to be produced for inspection by any person who makes a request under this subsection. (Replaced 80 of 1997 s. 73. Amended 8 of 2006 s. 42) (Amended 23 of 2005 s. 36) MARRIAGE ORDINANCE - SECT 7 Filing, exhibition and inspection of notice of intended marriage VerDate:13/03/2006 (1) The Registrar shall file every notice of intended marriage given to him in his office. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) (2) He shall exhibit one copy of Part I of a notice of intended marriage at the office of the Registrar and may, if he thinks fit, exhibit copies in other conspicuous places open to the public, and shall keep every such copy so exhibited until he issues a certificate as hereinafter mentioned or until the 3 months referred to in section 10 expire. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 14 of 1926 s. 5; 20 of 1948 s. 4) (3) The Registrar may cause all notices of intended marriage filed in his office under this section and copies of Part I of such notices produced for inspection under subsection (4) to be recorded on microfilm. (Replaced 80 of 1997 s. 73) (4) The Registrar shall, upon request by any person to inspect any notice of intended marriage filed under this section, produce to such person for inspection a copy of Part I of such notice (including any copy in the form of a reader-printer hard copy of the microfilm of such notice) and such copy shall be the same copy to be produced for inspection by any person who makes a request under this subsection. (Replaced 80 of 1997 s. 73) (Amended 23 of 2005 s. 36) MARRIAGE ORDINANCE - SECT 7 Filing, exhibition and inspection of notice of intended marriage VerDate:30/06/1997 (1) The Registrar shall file every such notice in his office. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) (2) He shall exhibit one copy of such notice at the office of the Registrar and may, if he thinks fit, exhibit copies in other conspicuous places open to the public, and shall keep every such copy so exhibited until he issues a certificate as hereinafter mentioned or until the 3 months referred to in section 10 expire. (Amended 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 14 of 1926 s. 5; 20 of 1948 s. 4) (3) The Registrar may cause the notices filed in his office under this section and copies of such notices produced for inspection under subsection (4) to be recorded on microfilm. (Replaced 80 of 1997 s. 73) (4) The Registrar shall, upon request by any person to inspect any notice filed under this section, produce to such person for inspection a copy of such notice (including any copy in the form of a reader-printer hard copy of the microfilm of such notice) and such copy shall be the same copy to be produced for inspection by any person who makes a request under this subsection. (Replaced 80 of 1997 s. 73) MARRIAGE ORDINANCE - SECT 8 Supply of forms VerDate:13/03/2006 The Registrar shall supply forms of notice of intended marriage gratuitously to persons applying for the same. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 23 of 2005 s. 37) MARRIAGE ORDINANCE - SECT 8 Supply of forms VerDate:30/06/1997 The Registrar shall supply forms of notice gratuitously to persons applying for the same. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 9 Issue of certificate of the Registrar VerDate:13/03/2006 (1) At any time not more than 3 months or less than 15 days after the giving of a notice of intended marriage, the Registrar shall, on the request of either of the parties, issue a Certificate of Registrar of Marriages in Form 2 in Schedule 1: (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 1 of 1960 s. 4; 23 of 2005 s. 38) Provided that, where he is satisfied that there are special circumstances justifying his doing so, the Registrar may issue such certificate at any time within the period of 15 days after the giving of such notice. (Added 1 of 1960 s. 4) (1A) The Registrar may refuse to issue a certificate of the Registrar in relation to an intended marriage if- (a) any prescribed fee that is due is not paid; or (b) the affidavit taken under section 12 in respect of the intended marriage or (where applicable) the written consent produced to him under section 14(1A) is not in order. (Added 23 of 2005 s. 8) (1B) If the issue of a certificate of the Registrar is forbidden under section 16(1), it shall not be issued. (Added 23 of 2005 s. 8) (1C) If the intended marriage is to be contracted before a minister, the certificate of the Registrar shall be issued to either of the proposed parties. (Added 23 of 2005 s. 8) (1D) If the intended marriage is to be contracted before a civil celebrant, the certificate of the Registrar shall be issued to either of the proposed parties through a civil celebrant nominated by either of the proposed parties. (Added 23 of 2005 s. 8) (1E) A civil celebrant through whom a certificate of the Registrar is issued under subsection (1D) shall forward it as soon as practicable to either of the proposed parties. (Added 23 of 2005 s. 8) (2) Where the Registrar is satisfied that the parties intend to contract the marriage before him, he may, in lieu of issuing a certificate of the Registrar, endorse on the notice of intended marriage a statement to the effect that the issue of the certificate has not been forbidden by any person authorized by law to do so; and such endorsement shall, in relation to the celebration of the marriage by the Registrar, take effect as if a certificate of the Registrar had been issued. (Added 3 of 1975 s. 2. Amended 23 of 2005 s. 38) MARRIAGE ORDINANCE - SECT 9 Issue of certificate VerDate:30/06/1997 (1) At any time not more than 3 months or less than 15 days after the giving of such notice, the Registrar shall, on the request of either of the parties, issue a certificate in the prescribed form: (See First Schedule, Form 2) (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 1 of 1960 s. 4) Provided that, where he is satisfied that there are special circumstances justifying his doing so, the Registrar may issue such certificate at any time within the period of 15 days after the giving of such notice. (Added 1 of 1960 s. 4) (2) Where the Registrar is satisfied that the parties intend to contract the marriage before him, he may, in lieu of issuing a certificate under subsection (1), endorse on such notice a statement to the effect that the issue of the certificate has not been forbidden by any person authorized by law to do so; and such endorsement shall, in relation to the celebration of the marriage by the Registrar, take effect as if a certificate had been issued. (Added 3 of 1975 s. 2) MARRIAGE ORDINANCE - SECT 10 Notice of intended marriage void unless marriage within 3 months VerDate:13/03/2006 If the marriage does not take place within 3 months after the giving of the notice of intended marriage, the notice and all proceedings thereupon shall be void, and another notice of intended marriage will be required before the parties can contract a marriage. (Amended 23 of 2005 s. 39) MARRIAGE ORDINANCE - SECT 10 Notice void unless marriage within 3 months VerDate:30/06/1997 If the marriage does not take place within 3 months after the giving of the above-mentioned notice, the notice given and all proceedings thereupon shall be utterly void, and fresh notice will be required before any marriage can be had between the parties. MARRIAGE ORDINANCE - SECT 11 Grant of special licence VerDate:13/03/2006 (1) The Chief Executive may, by granting a special licence in Form 3 in Schedule 1- (a) dispense with- (i) the notice of intended marriage; (ii) the certificate of the Registrar; or (iii) both such notice and such certificate, in relation to any intended marriage; and (b) authorize the celebration of a marriage between the parties named in the licence at the place and time specified in the licence. (Replaced 23 of 2005 s. 40) (2) The Chief Executive may grant a special licence without payment of the prescribed fee, or on payment of such reduced fee as, in the special circumstances of the case, he may think sufficient. (Amended 50 of 1911; 62 of 1911 Schedule; 23 of 2005 s. 40) (Amended 1 of 1960 s. 6; 71 of 1999 s. 3) MARRIAGE ORDINANCE - SECT 11 Grant of special licence VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) The Chief Executive may, when he sees fit, grant a special licence in the prescribed form dispensing with notice as aforesaid, or with the certificate of the Registrar or with both, and authorizing the celebration of a marriage between the parties named at a place and at a time specified in the licence. (See First Schedule, Form 3) (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) (2) The Chief Executive may grant such licence without payment of any fee, or on payment of such reduced fee as, in the special circumstances of the case, he may think sufficient. (Amended 50 of 1911; 62 of 1911 Schedule) (Amended 1 of 1960 s. 6; 71 of 1999 s. 3) MARRIAGE ORDINANCE - SECT 11 Grant of special licence VerDate:30/06/1997 (1) The Governor may, when he sees fit, grant a special licence in the prescribed form dispensing with notice as aforesaid, or with the certificate of the Registrar or with both, and authorizing the celebration of a marriage between the parties named at a place and at a time specified in the licence. (See First Schedule, Form 3) (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) (2) The Governor may grant such licence without payment of any fee, or on payment of such reduced fee as, in the special circumstances of the case, he may think sufficient. (Amended 50 of 1911; 62 of 1911 Schedule) (Amended 1 of 1960 s. 6) MARRIAGE ORDINANCE - SECT 12 Affidavit prior to issue of certificate of the Registrar or grant of special licence VerDate:13/03/2006 (1) After a notice of intended marriage is given but before a certificate of the Registrar is issued or a special licence is granted in respect of an intended marriage, one of the proposed parties to the intended marriage shall- (a) appear personally before the Registrar or a civil celebrant; and (b) make before the Registrar or the civil celebrant, as the case may be, an affidavit- (i) that the party believes that there is no impediment of kindred or affinity as provided in section 27(1) or any other lawful hindrance to the marriage; and (ii) that- (A) the consent to the marriage required by section 14 has been obtained; or (B) the marriage does not require any consent under section 14. (2) The Registrar and any civil celebrant shall have power to take an affidavit referred to in subsection (1)(b). (Replaced 23 of 2005 s. 9) MARRIAGE ORDINANCE - SECT 12 Affidavit before issue of certificate or grant of licence VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 Before the Registrar issues any certificate and before the Chief Executive grants any licence, one of the parties to the intended marriage shall appear personally before the Registrar and make affidavit (which the Registrar is hereby authorized to take) that he or she believes that there is not any impediment of kindred or alliance or any other lawful hindrance to the marriage, and either that the consent of the parties required by law to consent to the marriage has been obtained or that no such consent is required. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 71 of 1999 s. 3) MARRIAGE ORDINANCE - SECT 12 Affidavit before issue of certificate or grant of licence VerDate:30/06/1997 Before the Registrar issues any certificate and before the Governor grants any licence, one of the parties to the intended marriage shall appear personally before the Registrar and make affidavit (which the Registrar is hereby authorized to take) that he or she believes that there is not any impediment of kindred or alliance or any other lawful hindrance to the marriage, and either that the consent of the parties required by law to consent to the marriage has been obtained or that no such consent is required. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 13 No licence or certificate if either party under 16 VerDate:13/03/2006 No certificate of the Registrar may be issued or special licence may be granted if any proposed party to the intended marriage is under the age of 16 years. (Added 13 of 1934 s. 2. Amended 20 of 1948 s. 4; 71 of 1999 s. 3; 23 of 2005 s. 41) MARRIAGE ORDINANCE - SECT 13 No licence or certificate if either party under 16 VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 No licence of the Chief Executive and no certificate of the Registrar shall be issued under this Ordinance if either party to the intended marriage is under the age of 16 years. (Added 13 of 1934 s. 2. Amended 20 of 1948 s. 4; 71 of 1999 s. 3) MARRIAGE ORDINANCE - SECT 13 No licence or certificate if either party under 16 VerDate:30/06/1997 No licence of the Governor and no certificate of the Registrar shall be issued under this Ordinance if either party to the intended marriage is under the age of 16 years. (Added 13 of 1934 s. 2. Amended 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 14 Production of written consent VerDate:13/03/2006 (1) This section applies in relation to an intended marriage if any proposed party to the intended marriage- (a) is of or over 16 and under 21 years of age as at the date of marriage; and (b) is not a widower or widow. (Replaced 23 of 2005 s. 10) (1A) The written consent of the relevant person specified in Schedule 3 to the intended marriage- (a) shall be produced to the Registrar or a civil celebrant before a certificate of the Registrar may be issued; or (b) shall be produced to the Registrar before a special licence may be granted. (Added 23 of 2005 s. 10) (2) Nothing in this section shall be read as dispensing with the necessity of obtaining the consent of the Court of First Instance to the marriage of a ward of court. (Added 80 of 1997 s. 28. Amended 25 of 1998 s. 2) MARRIAGE ORDINANCE - SECT 14 Production of written consent VerDate:01/07/1997 Amendments retroactively made - see 25 of 1998 s. 2; 71 of 1999 s. 3 (1) If either party to the intended marriage, not being a widower or a widow, is of or over 16 and under 21 years of age, the written consent of the relevant person or persons specified in the Third Schedule must be produced to the Registrar before he issues a certificate or to the Chief Executive before he grants a licence. (Amended 14 of 1926 s. 5; 13 of 1934 s. 3; 20 of 1948 s. 4; 80 of 1997 s. 28; 71 of 1999 s. 3) (2) Nothing in this section shall be read as dispensing with the necessity of obtaining the consent of the Court of First Instance to the marriage of a ward of court. (Added 80 of 1997 s. 28. Amended 25 of 1998 s. 2) MARRIAGE ORDINANCE - SECT 14 Production of written consent VerDate:30/06/1997 (1) If either party to the intended marriage, not being a widower or a widow, is of or over 16 and under 21 years of age, the written consent of the relevant person or persons specified in the Third Schedule must be produced to the Registrar before he issues a certificate or to the Governor before he grants a licence. (Amended 14 of 1926 s. 5; 13 of 1934 s. 3; 20 of 1948 s.4; 80 of 1997 s. 28) (2) Nothing in this section shall be read as dispensing with the necessity of obtaining the consent of the High Court to the marriage of a ward of court. (Added 80 of 1997 s. 28) MARRIAGE ORDINANCE - SECT 15 (Repealed) VerDate:30/06/1997 (Repealed 80 of 1997 s. 29) MARRIAGE ORDINANCE - SECT 16 Right to forbid issue of certificate of the Registrar VerDate:13/03/2006 (1) Any person whose consent to an intended marriage is required under section 14 may, before the issue of a certificate of the Registrar in respect of the intended marriage, forbid the issue of the certificate by- (Amended 23 of 2005 s. 42) (a) writing the characters "不准" or the word "Forbidden"; (b) signing his name; and (c) stating the capacity in which he forbids the issue, on the copy of the notice of intended marriage produced for inspection under section 7(4). (Amended 14 of 1926 s. 5; 20 of 1948 s. 4, 80 of 1997 s. 74) (2) If the issue of a certificate of the Registrar is so forbidden, the notice of intended marriage and all proceedings thereupon shall be void. (Amended 23 of 2005 s. 42) MARRIAGE ORDINANCE - SECT 16 Right to forbid issue of certificate VerDate:30/06/1997 (1) Any person whose consent is required as aforesaid may forbid the issue of the certificate of the Registrar by writing the word "Forbidden" on the copy of the notice produced by the Registrar for inspection under section 7(4), and by signing his name and the character in which he forbids the issue. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4, 80 of 1997 s. 74) (2) If the issue of any certificate is so forbidden, the notice and all proceedings thereupon shall be void. MARRIAGE ORDINANCE - SECT 17 Registrar may inquire into right to forbid VerDate:13/03/2006 (1) If either of the proposed parties to an intended marriage alleges that a person forbidding the issue of a certificate of the Registrar in respect of the intended marriage has no right under section 16 to do so, the Registrar shall inquire into the matter, and if he is satisfied that the person has no such right, he may proceed to issue the certificate in due course, without reckoning the time that has elapsed since the issue was forbidden. (Amended 23 of 2005 s. 43) (2) For the purposes of such inquiry the Registrar may administer an oath to any person. (Amended 80 of 1997 s. 30) (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 17 Registrar may inquire into right to forbid VerDate:30/06/1997 (1) If either of the parties to the intended marriage alleges that the person forbidding the issue of the certificate is not authorized by law to do so, the Registrar shall inquire into the matter, and if he is satisfied that the person is not so authorized, he may proceed to issue the certificate in due course, without reckoning the time that has elapsed since the issue was forbidden. (2) For the purposes of such inquiry the Registrar may administer an oath to any person. (Amended 80 of 1997 s. 30) (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 18 Appeal against decision of Registrar VerDate:13/03/2006 (1) If the Registrar is satisfied that a person forbidding the issue of a certificate of the Registrar in respect of an intended marriage has a right under section 16 to do so, either of the proposed parties to the intended marriage may appeal by petition to the Court of First Instance, and the Court or judge may hear and determine the matter of the petition in a summary way. (Amended 50 of 1911; 62 of 1911 Schedule; 14 of 1926 s. 5; 20 of 1948 s. 4; 92 of 1975 s. 59; 25 of 1998 s. 2; 23 of 2005 s. 44) (2) Such determination shall be final; and the Registrar shall proceed in accordance therewith, without reckoning the time that has elapsed since the issue was forbidden. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 18 Appeal against decision of Registrar VerDate:01/07/1997 Amendments retroactively made-see 25 of 1998 s. 2 (1) If the Registrar considers that the person forbidding the issue of the certificate is authorized to do so, either of the parties to the intended marriage may appeal by petition to the Court of First Instance, and the Court or judge may hear and determine the matter of the petition in a summary way. (Amended 50 of 1911; 62 of 1911 Schedule; 14 of 1926 s. 5; 20 of 1948 s. 4; 92 of 1975 s. 59; 25 of 1998 s. 2) (2) Such determination shall be final; and the Registrar shall proceed in accordance therewith, without reckoning the time that has elapsed since the issue was forbidden. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 18 Appeal against decision of Registrar VerDate:30/06/1997 (1) If the Registrar considers that the person forbidding the issue of the certificate is authorized to do so, either of the parties to the intended marriage may appeal by petition to the High Court, and the Court or judge may hear and determine the matter of the petition in a summary way. (Amended 50 of 1911; 62 of 1911 Schedule; 14 of 1926 s. 5; 20 of 1948 s. 4; 92 of 1975 s. 59) (2) Such determination shall be final; and the Registrar shall proceed in accordance therewith, without reckoning the time that has elapsed since the issue was forbidden. (Amended 14 of 1926 s. 5 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 18A District Judge may give consent VerDate:13/03/2006 (1) If consent is required under section 14 from the relevant person or persons specified in Schedule 3 with respect to a party to an intended marriage, and- (Amended 23 of 2005 s. 45) (a) in the case of such person or any of such persons being a guardian, there is no guardian or such guardian is dead; (b) after diligent enquiry, the party is unable to trace such person or any of such persons; (c) such person or any of such persons refuses to give consent; (d) such person or any of such persons is of unsound mind; or (e) such person or any of such persons has forbidden the issue of the certificate of the Registrar, a District Judge may, on application being made, consent to the marriage and the consent so given shall have the same effect as if it had been given by such person or any of such persons or as if the forbidding of the issue of the certificate of the Registrar had been withdrawn. (Replaced 80 of 1997 s. 31. Amended 23 of 2005 s. 45) (1A) For the avoidance of doubt, it is hereby declared that where consent is required under section 14 from either parent of the party, subsection (1) shall apply only if the party is unable to obtain such consent from both of his parents. (Added 80 of 1997 s. 31) (2) The power to make civil procedure rules under section 72 of the District Court Ordinance (Cap 336) shall extend to- (a) prescribing the method of application for consent; (b) prescribing the service of copies of the application and any ancillary documents, if any; (c) prescribing the procedure to be followed at the hearing of the application including provision for the application to be heard in chambers; and (d) authorizing the District Judge to call for and receive a report from an officer of the Social Welfare Department or other suitably qualified person before giving consent to a marriage under subsection (1). (3) In this section- "guardian" (監護人) includes- (a) any person to whose custody the party is committed by order of the court, other than a parent; and (b) all of the guardians, if more than one guardian is appointed to act jointly. (Added 80 of 1997 s. 31) (Added 32 of 1990 s. 17) "guardian" (監護人) MARRIAGE ORDINANCE - SECT 18A Consent of a District Judge VerDate:30/06/1997 (1) If consent is required under section 14 from the relevant person or persons specified in the Third Schedule with respect to a party to an intended marriage, and- (a) in the case of such person or any of such persons being a guardian, there is no guardian or such guardian is dead; (b) after diligent enquiry, the party is unable to trace such person or any of such persons; (c) such person or any of such persons refuses to give consent; (d) such person or any of such persons is of unsound mind; or (e) such person or any of such persons has forbidden the issue of the certificate of the Registrar, a District Judge may, on application being made, consent to the marriage and the consent so given shall have the same effect as if it had been given by such person or any of such persons or as if the forbidding of the issue of the certificate had been withdrawn. (Replaced 80 of 1997 s. 31) (1A) For the avoidance of doubt, it is hereby declared that where consent is required under section 14 from either parent of the party, subsection (1) shall apply only if the party is unable to obtain such consent from both of his parents. (Added 80 of 1997 s. 31) (2) The power to make civil procedure rules under section 72 of the District Court Ordinance (Cap 336) shall extend to- (a) prescribing the method of application for consent; (b) prescribing the service of copies of the application and any ancillary documents, if any; (c) prescribing the procedure to be followed at the hearing of the application including provision for the application to be heard in chambers; and (d) authorizing the District Judge to call for and receive a report from an officer of the Social Welfare Department or other suitably qualified person before giving consent to a marriage under subsection (1). (3) In this section- "guardian" (監護人) includes- (a) any person to whose custody the party is committed by order of the court, other than a parent; and (b) all of the guardians, if more than one guardian is appointed to act jointly. (Added 80 of 1997 s. 31) (Added 32 of 1990 s. 17) "guardian" (監護人) MARRIAGE ORDINANCE - SECT 19 Celebration of marriage in licensed place of worship VerDate:13/03/2006 PART 6 CELEBRATION OF MARRIAGE, CERTIFICATE OF MARRIAGE AND VALIDITY OF MARRIAGE (Added 23 of 2005 s. 46) (1) Marriages may be celebrated in any licensed place of worship by any competent minister of the church, denomination, or body to which such place of worship belongs, and according to the rites or usages of marriage observed in such church, denomination, or body, provided that the marriage is celebrated with open doors, and (except in case of a special licence) between 7 a.m. and 7 p.m., and in the presence of 2 or more witnesses, besides the officiating minister. (Amended 50 of 1911 s. 4; 51 of 1911 s. 4; 1 of 1960 s. 9) (2) No minister shall celebrate any marriage until the parties deliver to him the certificate of the Registrar or a special licence. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 71 of 1999 s. 3; 23 of 2005 s. 47) MARRIAGE ORDINANCE - SECT 19 Celebration of marriage in licensed place of worship VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) Marriages may be celebrated in any licensed place of worship by any competent minister of the church, denomination, or body to which such place of worship belongs, and according to the rites or usages of marriage observed in such church, denomination, or body, provided that the marriage is celebrated with open doors, and (except in case of a special licence) between 7 a.m. and 7 p.m., and in the presence of 2 or more witnesses, besides the officiating minister. (Amended 50 of 1911 s. 4; 51 of 1911 s. 4; 1 of 1960 s. 9) (2) No minister shall celebrate any marriage until the parties deliver to him the certificate of the Registrar or the Chief Executive's special licence. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 71 of 1999 s. 3) MARRIAGE ORDINANCE - SECT 19 Celebration of marriage in licensed place of worship VerDate:30/06/1997 (1) Marriages may be celebrated in any licensed place of worship by any competent minister of the church, denomination, or body to which such place of worship belongs, and according to the rites or usages of marriage observed in such church, denomination, or body, provided that the marriage is celebrated with open doors, and (except in case of a special licence) between 7 a.m. and 7 p.m., and in the presence of 2 or more witnesses, besides the officiating minister. (Amended 50 of 1911 s. 4; 51 of 1911 s. 4; 1 of 1960 s.9) (2) No minister shall celebrate any marriage until the parties deliver to him the certificate of the Registrar or the Governor's special licence. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 20 Certificates of marriage for marriage celebrated in licensed place of worship VerDate:13/03/2006 (1) The Registrar shall cause to be prepared and supplied to all licensed places of worship books of marriage certificates in Form 4 in Schedule 1 in duplicate and with butts in such form as may be specified by the Registrar. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) (2) The certificate of marriage shall be signed in duplicate by the officiating minister, by the parties, and by 2 or more witnesses to the marriage. (3) The minister shall deliver one certificate of marriage to the parties immediately after the marriage, and shall within 7 days thereafter transmit the other to the Registrar who shall file the same in his office. (Amended 51 of 1911; 63 of 1911 Schedule; 14 of 1926 s. 5; 20 of 1948 s. 4; 1 of 1960 s. 10) (4) The officiating minister shall enter in the butt the names of the parties and the date of the marriage. (Amended 23 of 2005 s. 48) MARRIAGE ORDINANCE - SECT 20A Certificates of marriage to be supplied to civil celebrant VerDate:13/03/2006 The Registrar shall cause to be prepared and supplied upon request to any civil celebrant books of marriage certificates in Form 7 in Schedule 1 in duplicate and with butts in such form as may be specified by the Registrar. (Added 23 of 2005 s. 11) MARRIAGE ORDINANCE - SECT 21 Marriage before Registrar or civil celebrant VerDate:13/03/2006 (1) After the issue of a certificate of the Registrar or the grant of a special licence, the parties may, subject to subsection (1A), contract a marriage before the Registrar or a civil celebrant. (Replaced 34 of 1932 s. 2. Amended 20 of 1948 s. 4; 71 of 1999 s. 3; 23 of 2005 s. 12) (1A) Before a marriage is- (a) celebrated by the Registrar, each of the parties shall sign a written declaration in the presence of the Registrar; (b) celebrated by a civil celebrant, each of the parties shall sign a written declaration in the presence of the civil celebrant. (Added 23 of 2005 s. 12) (1B) If a declaration is signed before the Registrar or a civil celebrant, he shall witness the signature. (Added 23 of 2005 s. 12) (1C) A declaration referred to in subsection (1A) shall be in Form 5 in Schedule 1. (Added 23 of 2005 s. 12) (2) A declaration referred to in subsection (1A) shall, if necessary, be interpreted to both or either of the parties in their or his or her own language in the presence of the Registrar or a civil celebrant, as the case may be, and the person interpreting such declaration shall subscribe his name to it as interpreter. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 23 of 2005 s. 12) (3) A marriage celebrated by the Registrar shall take place in his office, with open doors, between 9 a.m. and 7 p.m.: (Amended 23 of 2005 s. 12) Provided- (a) in the case of a marriage by special licence, the Registrar may celebrate the marriage in his office or elsewhere as, and at any time, specified in the licence; and (b) the Registrar may, where, having regard to the number of persons desiring to be married at a particular place on a particular date, he thinks fit and he has given not less than 7 days' notice of his intention to marry such persons at that place on that date by exhibiting a notice to that effect in his office, celebrate the marriages of such persons at that place on that date between 9 a.m. and 9 p.m. (Added 1 of 1960 s. 11) (3A) A marriage celebrated by a civil celebrant- (a) may take place at any hour; and (b) shall take place at any place which is a place in Hong Kong other than the office of the Registrar and a licensed place of worship. (Added 23 of 2005 s. 12) (4) (a) A marriage celebrated by the Registrar or a civil celebrant shall take place in the presence of 2 or more witnesses, and in the following manner- (Amended 23 of 2005 s. 12) (i) the Registrar or the civil celebrant, as the case may be, shall first address the parties to the following effect- (Amended 23 of 2005 s. 12) "Before you are joined in matrimony, it is my duty to remind you of the solemn and binding character of a marriage contracted under the Marriage Ordinance, which is in law the voluntary union for life of one man and one woman to the exclusion of all others. Know ye, therefore, [name of the male party], and [name of the female party], that, by the public taking of each other as man and wife in my presence and in the presence of the persons now here, and by the subsequent attestation thereof by signing your names to that effect, you become legally married to each other, although no other rite of a civil or religious nature shall take place "; and (ii) the male party shall then say to the female party either- (A) in Chinese- "我請在場各人見證：我[男方姓名]願以妳[女方姓名]為我合法妻子。"; or (B) in English- "I call upon all persons here present to witness that I, [name of the male party], do take thee, [name of the female party], to be my lawful wedded wife."; and (Replaced 23 of 2005 s. 12) (iii) the female party shall then say to the male party either- (A) in Chinese- "我請在場各人見證：我[女方姓名]願以你[男方姓名]為我合法丈夫。"; or (B) in English- "I call upon all persons here present to witness that I, [name of the female party], do take thee, [name of the male party], to be my lawful wedded husband.". (Added 23 of 2005 s. 12) (b) Where the Registrar or the civil celebrant, as the case may be- (Amended 23 of 2005 s. 12) (i) is satisfied that the parties and witnesses all understand the Chinese language, the marriage may be celebrated in the Chinese language; or (ii) is satisfied that the parties and witnesses all understand the English language, the marriage may be celebrated in the English language. (Replaced 1 of 1960 s. 11. Amended 23 of 2005 s. 12) (4A) Where a male party is unable to make the statement required by subsection (4)(a)(ii) because of any physical disability (whether permanent or temporary) or because he is neither Chinese-speaking nor English-speaking, if- (a) a person other than the male party, the female party, the Registrar or the civil celebrant says to the female party either- (i) in Chinese- "現代表[男方姓名]聲明如下：我請在場各人見證：我[男方姓名]願以妳[女方姓名]為我合法妻子。"; or (ii) in English- "It is declared on behalf of [name of the male party] as follows: I call upon all persons here present to witness that I, [name of the male party], do take thee, [name of the female party], to be my lawful wedded wife."; and (b) upon inquiry by the Registrar or the civil celebrant, the male party signifies, in whatever manner and by whatever means, to the satisfaction of the Registrar or the civil celebrant, as the case may be, that what was said reflects his will to marry the female party, the male party shall be regarded as having complied with subsection (4)(a)(ii). (Added 23 of 2005 s. 12) (4B) Where a female party is unable to make the statement required by subsection (4)(a)(iii) because of any physical disability (whether permanent or temporary) or because she is neither Chinese-speaking nor English-speaking, if- (a) a person other than the female party, the male party, the Registrar or the civil celebrant says to the male party either- (i) in Chinese- "現代表[女方姓名]聲明如下：我請在場各人見證：我[女方姓名]願以你[男方姓名]為我合法丈夫。"; or (ii) in English- "It is declared on behalf of [name of the female party] as follows: I call upon all persons here present to witness that I, [name of the female party], do take thee, [name of the male party], to be my lawful wedded husband."; and (b) upon inquiry by the Registrar or the civil celebrant, the female party signifies, in whatever manner and by whatever means, to the satisfaction of the Registrar or the civil celebrant, as the case may be, that what was said reflects her will to marry the male party, the female party shall be regarded as having complied with subsection (4)(a)(iii). (Added 23 of 2005 s. 12) (5) Upon subsection (4) being complied with- (a) the Registrar or the civil celebrant, as may be appropriate; (b) the parties; and (c) the witnesses referred to in subsection (4)(a), shall sign a certificate of marriage in Form 7 in Schedule 1 in duplicate. (Replaced 23 of 2005 s. 12) (6) If a marriage is celebrated by the Registrar, he shall- (a) deliver one certificate of marriage signed in accordance with subsection (5) to the parties immediately after it has been signed; and (b) file the other certificate of marriage in his office. (Replaced 23 of 2005 s. 12) (7) If a marriage is celebrated by a civil celebrant- (a) the civil celebrant shall- (i) deliver one certificate of marriage signed in accordance with subsection (5) to the parties immediately after it has been signed; (ii) enter in the butt the names of the parties and the date of marriage; and (iii) transmit- (A) the other certificate of marriage; and (B) the declaration signed by the parties in accordance with subsection (1A)(b), to the Registrar within 7 days after the marriage; and (b) the Registrar shall file the certificate transmitted to him in accordance with paragraph (a)(iii) in his office. (Added 23 of 2005 s. 12) (8) For the avoidance of doubt, if a marriage is celebrated by a civil celebrant, the civil celebrant shall not act as a witness to that marriage. (Added 23 of 2005 s. 12) MARRIAGE ORDINANCE - SECT 21 Marriage before Registrar VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) After the issue of a certificate by the Registrar, or the grant of a special licence by the Chief Executive, the parties may, if they think fit, contract a marriage before the Registrar: (Amened 71 of 1999 s. 3) Provided that, before they are permitted to do so, each of the parties shall sign a written declaration in the presence of the Registrar, which he shall witness, in the prescribed form. (See First Schedule, Form 5) (Replaced 34 of 1932 s. 2. Amended 20 of 1948 s. 4) (2) Such declaration shall, if necessary, be interpreted to both or either of the parties in their or his or her own language in the presence of the Registrar, and the person interpreting such declaration shall subscribe his name to it as interpreter. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) (3) The marriage shall take place in the office of the Registrar, with open doors, between 9 a.m. and 7 p.m.: Provided- (a) in the case of a marriage by special licence, the Registrar may celebrate the marriage in his office or elsewhere as, and at any time, specified in the licence; and (b) the Registrar may, where, having regard to the number of persons desiring to be married at a particular place on a particular date, he thinks fit and he has given not less than 7 days' notice of his intention to marry such persons at that place on that date by exhibiting a notice to that effect in his office, celebrate the marriages of such persons at that place on that date between 9 a.m. and 9 p.m. (Added 1 of 1960 s. 11) (4) (a) The marriage shall take place in the presence of 2 or more witnesses, and in the following manner- (i) the Registrar shall first address the parties to the following effect- "Before you are joined in matrimony, it is my duty to remind you of the solemn and binding character of a marriage in this Registry (or place), which is in law the voluntary union for life of one man and one woman to the exclusion of all others. Know ye, therefore, A.B., and C.D., that, by the public taking of each other as man and wife in my presence and in the presence of the persons now here, and by the subsequent attestation thereof by signing your names to that effect, you become legally married to each other, although no other rite of a civil or religious nature shall take place. "; and (ii) each of the parties shall then say to the other- "I call upon all persons here present to witness that A.B., do take thee, C.D., to be my lawful wedded wife (or husband).". (Replaced 1 of 1960 s. 11) (b) Where the Registrar is satisfied that he and the parties and witnesses all understand the Chinese language or the same dialect thereof, the marriage may be celebrated wholly in that language or that dialect. (Replaced 1 of 1960 s. 11) (5) The Registrar and the parties and witnesses shall thereupon sign duplicate certificates in the form and manner hereinbefore prescribed. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) (6) The Registrar shall deliver one certificate to the parties and shall file the other in his office. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 21 Marriage before Registrar VerDate:30/06/1997 (1) After the issue of a certificate by the Registrar, or the grant of a special licence by the Governor, the parties may, if they think fit, contract a marriage before the Registrar: Provided that, before they are permitted to do so, each of the parties shall sign a written declaration in the presence of the Registrar, which he shall witness, in the prescribed form. (See First Schedule, Form 5) (Replaced 34 of 1932 s. 2. Amended 20 of 1948 s. 4) (2) Such declaration shall, if necessary, be interpreted to both or either of the parties in their or his or her own language in the presence of the Registrar, and the person interpreting such declaration shall subscribe his name to it as interpreter. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) (3) The marriage shall take place in the office of the Registrar, with open doors, between 9 a.m. and 7 p.m.: Provided- (a) in the case of a marriage by special licence, the Registrar may celebrate the marriage in his office or elsewhere as, and at any time, specified in the licence; and (b) the Registrar may, where, having regard to the number of persons desiring to be married at a particular place on a particular date, he thinks fit and he has given not less than 7 days' notice of his intention to marry such persons at that place on that date by exhibiting a notice to that effect in his office, celebrate the marriages of such persons at that place on that date between 9 a.m. and 9 p.m. (Added 1 of 1960 s. 11) (4) (a) The marriage shall take place in the presence of 2 or more witnesses, and in the following manner- (i) the Registrar shall first address the parties to the following effect- "Before you are joined in matrimony, it is my duty to remind you of the solemn and binding character of a marriage in this Registry (or place), which is in law the voluntary union for life of one man and one woman to the exclusion of all others. Know ye, therefore, A.B., and C.D., that, by the public taking of each other as man and wife in my presence and in the presence of the persons now here, and by the subsequent attestation thereof by signing your names to that effect, you become legally married to each other, although no other rite of a civil or religious nature shall take place. "; and (ii) each of the parties shall then say to the other- "I call upon all persons here present to witness that A.B., do take thee, C.D., to be my lawful wedded wife (or husband).". (Replaced 1 of 1960 s. 11) (b) Where the Registrar is satisfied that he and the parties and witnesses all understand the Chinese language or the same dialect thereof, the marriage may be celebrated wholly in that language or that dialect. (Replaced 1 of 1960 s. 11) (5) The Registrar and the parties and witnesses shall thereupon sign duplicate certificates in the form and manner hereinbefore prescribed. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) (6) The Registrar shall deliver one certificate to the parties and shall file the other in his office. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 22 Marriage by special licence at other place VerDate:13/03/2006 Whenever a special licence authorizes the celebration of a marriage at a place other than a licensed place of worship or the office of the Registrar and such marriage is not to be celebrated by the Registrar, the Registrar, on taking the affidavit of one of the parties to the marriage, shall deliver to him or her a blank certificate of marriage in duplicate, and the minister celebrating the marriage, the parties, and 2 or more witnesses shall sign the same, in manner hereinbefore prescribed, and the minister shall deliver one certificate to the parties, immediately after the marriage, and shall transmit the other to the Registrar within 7 days thereafter, and the Registrar shall file the same in his office. (Amended 14 of 1926 s. 5; 27 of 1937 Schedule; 20 of 1948 s. 4; 1 of 1960 s. 12; 71 of 1999 s. 3; 23 of 2005 s. 49) MARRIAGE ORDINANCE - SECT 22 Marriage by special licence at other place VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 Whenever the Chief Executive's special licence authorizes the celebration of a marriage at a place other than a licensed place of worship or the office of the Registrar and such marriage is not to be celebrated by the Registrar, the Registrar, on taking the affidavit of one of the parties to the marriage, shall deliver to him or her a blank certificate of marriage in duplicate, and the minister celebrating the marriage, the parties, and 2 or more witnesses shall sign the same, in manner hereinbefore prescribed, and the minister shall deliver one certificate to the parties, immediately after the marriage, and shall transmit the other to the Registrar within 7 days thereafter, and the Registrar shall file the same in his office. (Amended 14 of 1926 s. 5; 27 of 1937 Schedule; 20 of 1948 s. 4; 1 of 1960 s. 12; 71 of 1999 s. 3) MARRIAGE ORDINANCE - SECT 22 Marriage by special licence at other place VerDate:30/06/1997 Whenever the Governor's special licence authorizes the celebration of a marriage at a place other than a licensed place of worship or the office of the Registrar and such marriage is not to be celebrated by the Registrar, the Registrar, on taking the affidavit of one of the parties to the marriage, shall deliver to him or her a blank certificate of marriage in duplicate, and the minister celebrating the marriage, the parties, and 2 or more witnesses shall sign the same, in manner hereinbefore prescribed, and the minister shall deliver one certificate to the parties, immediately after the marriage, and shall transmit the other to the Registrar within 7 days thereafter, and the Registrar shall file the same in his office. (Amended 14 of 1926 s. 5; 27 of 1937 Schedule; 20 of 1948 s. 4; 1 of 1960 s. 12) MARRIAGE ORDINANCE - SECT 23 Registration of certificates of marriage VerDate:27/08/2007 (1) The Registrar shall register all certificates of marriage filed in his office in such order and manner as he thinks best suited for easy reference thereto. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4, 80 of 1997 s. 75) (2) Without prejudice to the generality of subsection (1), the Registrar may cause the certificates of marriage to be recorded in the form of digital image. (Added 80 of 1997 s. 75. Amended 8 of 2006 s. 43) MARRIAGE ORDINANCE - SECT 23 Registration of certificates of marriage VerDate:30/06/1997 (1) The Registrar shall register all certificates of marriage filed in his office in such order and manner as he thinks best suited for easy reference thereto. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4, 80 of 1997 s. 75) (2) Without prejudice to the generality of subsection (1), the Registrar may cause the certificates of marriage to be recorded on microfilm. (Added 80 of 1997 s. 75) MARRIAGE ORDINANCE - SECT 24 Effect of certificate of marriage or certified copy thereof VerDate:27/08/2007 Any certificate of marriage filed in the office of the Registrar, or a copy of it (including any copy in the form of a reader-printer hard copy of the microfilm, or a hard copy of the digital image, of a certificate of marriage), provided it purports to be signed and certified as a true copy by the Registrar and to be sealed or stamped with his official seal, shall be admissible as evidence of the marriage to which the same relates in any court or before any person having by law or by consent of parties authority to hear, receive, and examine evidence. (Amended 50 of 1911; 62 of 1911 Schedule; 14 of 1926 s. 5; 20 of 1948 s . 4, 80 of 1997 s. 76; 8 of 2006 s. 44) MARRIAGE ORDINANCE - SECT 24 Effect of certificate of marriage or certified copy thereof VerDate:30/06/1997 Any certificate of marriage filed in the office of the Registrar, or a copy of it (including any copy in the form of a reader-printer hard copy of the microfilm of a certificate of marriage), provided it purports to be signed and certified as a true copy by the Registrar and to be sealed or stamped with his official seal, shall be admissible as evidence of the marriage to which the same relates in any court or before any person having by law or by consent of parties authority to hear, receive, and examine evidence. (Amended 50 of 1911; 62 of 1911 Schedule; 14 of 1926 s. 5; 20 of 1948 s . 4, 80 of 1997 s. 76) MARRIAGE ORDINANCE - SECT 25 Correction of error in certificate of marriage VerDate:30/06/1997 The Registrar may correct any clerical error in any certificate of marriage on production to him of the certificate delivered to the parties, and shall authenticate every such correction by his signature, or by marking the same with his initials, and the date of making the correction. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 1 of 1960 s. 13) MARRIAGE ORDINANCE - SECT 26 Searches may be made, and certified copies granted VerDate:05/02/1999 (1) The Registrar may allow searches to be made amongst all certificates, licences, registers, and indexes in his possession and give a certified copy of any entry therein, and issue a certificate to the effect that there is no record of any marriage of the person named having taken place. (Amended 5 of 1999 s. 3) (2) A certificate issued or purporting to be issued under this section before the commencement of the Marriage (Certificate of Absence of Marriage Record) Ordinance 1999 (5 of 1999) shall be deemed to have been issued as if that Ordinance had been in force at the time of its issue. (Added 5 of 1999 s. 3) (15 of 1902 s. 4 incorporated. Amended 50 of 1911 s. 4; 8 of 1912 s. 22; 14 of 1926 s. 5; 20 of 1948 s. 4; 1 of 1960 s. 14) MARRIAGE ORDINANCE - SECT 26 Searches may be made, and certified copies granted VerDate:30/06/1997 The Registrar may allow searches to be made amongst all certificates, licences, registers, and indexes in his possession and give a certified copy of any entry therein, and issue a certificate to the effect that there is no record of a marriage between certain persons named having taken place. (15 of 1902 s. 4 incorporated. Amended 50 of 1911 s. 4; 8 of 1912 s. 22; 14 of 1926 s. 5; 20 of 1948 s. 4; 1 of 1960 s. 14) MARRIAGE ORDINANCE - SECT 27 Invalid marriages VerDate:13/03/2006 (1) A marriage shall be null and void on the ground of kindred or affinity as provided in Schedule 5. (Replaced 23 of 2005 s. 13) (2) A marriage shall be null and void- (a) if- (i) it is not celebrated- (A) by the Registrar in the office of the Registrar; (B) by a competent minister in a licensed place of worship; or (C) by a civil celebrant in accordance with section 21(3A), and it is not- (D) authorized by a special licence; (E) celebrated under paragraph (b) of the proviso to section 21(3); or (F) celebrated under section 39; (ii) it is celebrated under a false name; or (iii) no certificate of the Registrar has been issued or no special licence has been granted in respect of the marriage, and both parties knowingly and wilfully acquiesce in its celebration in such circumstances; or (b) if at the time of its celebration any party is under 16 years of age. (Replaced 23 of 2005 s. 13) (3) But no marriage shall, after celebration, be deemed invalid by reason that any provision of this Ordinance, other than the foregoing, has not been complied with. MARRIAGE ORDINANCE - SECT 27 Invalid marriages VerDate:30/06/1997 (1) No marriage shall be valid which would be null and void on the ground of kindred or affinity in England or Wales. (2) A marriage shall be null and void if both parties knowingly and wilfully acquiesce in its celebration in any place other than the office of the Registrar or a licensed place of worship (except when authorized by a special licence, or when celebrated under the provisions of paragraph (b) of the proviso to section 21(3), or when celebrated under the provisions of section 39), or under a false name or without a certificate of notice or licence duly issued, or by a person not being a competent minister or the Registrar or his deputy, or if either party to the marriage is at the time of its celebration under the age of 16 years. (Replaced 13 of 1934 s. 4; 20 of 1948 s. 4; 1 of 1960 s. 15) (3) But no marriage shall, after celebration, be deemed invalid by reason that any provision of this Ordinance, other than the foregoing, has not been complied with. MARRIAGE ORDINANCE - SECT 28 Validity of marriages VerDate:30/06/1997 All marriages celebrated under this Ordinance shall be good and valid in law to all intents and purposes. MARRIAGE ORDINANCE - SECT 29 Marrying, etc., person under 21 without required consent VerDate:13/03/2006 PART 7 OFFENCES AND PENALTY (Added 23 of 2005 s. 50) Any person who, knowing that- (a) a written consent under section 14 is required in respect of the marriage of a party under 21 years of age; and (b) no such consent has been obtained, marries or assists or procures any other person to marry the person referred to in paragraph (a) shall be guilty of an offence and shall be liable to a fine at level 5 and imprisonment for 2 years. (Replaced 23 of 2005 s. 51) MARRIAGE ORDINANCE - SECT 29 Marrying, etc., minor without consent of proper person VerDate:30/06/1997 Any person who, knowing that the written consent of the proper person as herein prescribed has not been obtained, marries, or assists or procures any other person to marry, a person under the age of 21 years, not being a widow or widower, shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 2 years. (Amended 30 of 1911 ss. 2 & 5; 50 of 1911; 51 of 1911; 62 of 1911 Schedule; 63 of 1911 Schedule; 22 of 1950 s. 3; 50 of 1991 s. 4) MARRIAGE ORDINANCE - SECT 30 Offences by minister or civil celebrant VerDate:13/03/2006 Any minister or civil celebrant who- (Amended 23 of 2005 s. 14) (a) knowing that- (i) a consent under section 14 is required in respect of the marriage of a party under 21 years of age; and (ii) no such consent has been produced in accordance with section 14(1A) in respect of the party, wilfully celebrates the marriage of the party; or (Replaced 23 of 2005 s. 52) (b) wilfully celebrates a marriage contrary to any other provision of this Ordinance, or knowing that any provision of this Ordinance has not been complied with, shall be guilty of an offence and shall be liable to a fine at level 5 and imprisonment for 2 years. (Amended 30 of 1911 s. 5; 50 of 1911; 62 of 1911 Schedule; 24 of 1936 s. 2; 22 of 1950 s. 3 & Schedule; 50 of 1991 s. 4; L.N. 25 of 1996; 23 of 2005 s. 52) MARRIAGE ORDINANCE - SECT 30 Offences by minister VerDate:30/06/1997 Any minister who- (a) wilfully celebrates a marriage in the case of a minor, without such written consent as herein prescribed; or (b) wilfully celebrates a marriage contrary to any other provision of this Ordinance, or knowing that any provision of this Ordinance has not been complied with, shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to a fine at level 1 or to imprisonment for 2 years. (Amended 30 of 1911 s. 5; 50 of 1911; 62 of 1911 Schedule; 24 of 1936 s. 2; 22 of 1950 s. 3 & Schedule; 50 of 1991 s. 4; L.N. 25 of 1996) MARRIAGE ORDINANCE - SECT 31 Offences for failure to transmit certificate, etc. VerDate:13/03/2006 (1) Any minister who fails to transmit a certificate of marriage to the Registrar in accordance with section 20(3) shall be guilty of an offence and shall be liable to a fine at level 1. (2) Any civil celebrant who- (a) fails to transmit the documents referred to in section 6A(c) in accordance with that section; or (b) fails to transmit a certificate or declaration in accordance with section 21(7)(a)(iii), shall be guilty of an offence and shall be liable to a fine at level 1. (Replaced 23 of 2005 s. 15) MARRIAGE ORDINANCE - SECT 31 Penalty for failing to transmit certificate VerDate:30/06/1997 Any minister who, after celebrating a marriage, fails to transmit the certificate thereof to the Registrar within 7 days thereafter shall be liable to a fine at level 1. (Amended 14 of 1926 s. 5; 20 of 1948 s. 4; 22 of 1950 Schedule; L.N. 25 of 1996) MARRIAGE ORDINANCE - SECT 31A Offences by civil celebrant VerDate:13/03/2006 (1) Any civil celebrant who without reasonable excuse contravenes section 5G(1) shall be guilty of an offence and shall be liable to a fine at level 3. (2) Any civil celebrant who without reasonable excuse contravenes section 5H(1) shall be guilty of an offence and shall be liable to a fine at level 1. (3) Any civil celebrant who without reasonable excuse contravenes section 5H(2) shall be guilty of an offence and shall be liable to a fine at level 3. (4) Any civil celebrant who without reasonable excuse contravenes section 9(1E) shall be guilty of an offence and shall be liable to a fine at level 4. (Added 23 of 2005 s. 16) MARRIAGE ORDINANCE - SECT 32 Offence of tampering with records VerDate:27/08/2007 Any person who wilfully removes or alters any notice, certificate, licence or other document kept or filed (whether in the form of paper or microfilm or digital image) by the Registrar pursuant to, or for the purposes of, the provisions of this Ordinance shall be guilty of an offence and shall be liable to a fine at level 5 and imprisonment for 2 years. (Replaced 1 of 1960 s. 16. Amended 48 of 1972 s. 4; L.N. 25 of 1996; 23 of 2005 s. 53; 8 of 2006 s. 45) MARRIAGE ORDINANCE - SECT 32 Offence of tampering with records VerDate:13/03/2006 Any person who wilfully removes or alters any notice, certificate, licence or other document kept or filed by the Registrar pursuant to, or for the purposes of, the provisions of this Ordinance shall be guilty of an offence and shall be liable to a fine at level 5 and imprisonment for 2 years. (Replaced 1 of 1960 s. 16. Amended 48 of 1972 s. 4; L.N. 25 of 1996; 23 of 2005 s. 53) MARRIAGE ORDINANCE - SECT 32 Penalty for removing, etc. records VerDate:30/06/1997 Any person who wilfully removes or alters any notice, certificate, licence or other document kept or filed by the Registrar pursuant to, or for the purposes of, the provisions of this Ordinance shall be liable to a fine at level 1 and to imprisonment for 6 months. (Replaced 1 of 1960 s. 16. Amended 48 of 1972 s. 4; L.N. 25 of 1996) MARRIAGE ORDINANCE - SECT 33 Penalty on unauthorized person celebrating marriage VerDate:13/03/2006 Any person who knowingly and wilfully celebrates or pretends to celebrate a marriage, not being legally competent to do so, shall be guilty of an offence and shall be liable to a fine at level 5 and imprisonment for 2 years. (Amended 30 of 1911 ss. 2 & 5; 50 of 1911; 62 of 1911 Schedule; 22 of 1950 s. 3; 50 of 1991 s. 4; 23 of 2005 s. 54) MARRIAGE ORDINANCE - SECT 33 Penalty on unauthorized person celebrating marriage VerDate:30/06/1997 Any person who knowingly and wilfully celebrates or pretends to celebrate a marriage, not being legally competent to do so, shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to imprisonment for 2 years. (Amended 30 of 1911 ss. 2 & 5; 50 of 1911; 62 of 1911 Schedule; 22 of 1950 s. 3; 50 of 1991 s. 4) MARRIAGE ORDINANCE - SECT 33A Offence for providing false information in relation to appointment of civil celebrants VerDate:13/03/2006 (1) Any person who provides any false information which- (a) he knows to be false; or (b) he has no reasonable ground to believe to be true, to the Registrar for specified purposes shall be guilty of an offence and shall be liable to a fine at level 5 and to imprisonment for 2 years. (2) In subsection (1), "specified purposes" (指明目的) means- (a) procuring the appointment of any person as a civil celebrant or renewal of such appointment; (b) avoiding the cancellation or suspension of the appointment of any civil celebrant; or (c) avoiding the giving of a notice under section 5D(9) in respect of any person. (Added 23 of 2005 s. 17) "specified purposes" (指明目的) MARRIAGE ORDINANCE - SECT 33B Offence of falsely holding out as civil celebrant VerDate:13/03/2006 Any person who, not being a civil celebrant- (a) advertises or represents himself as a civil celebrant; or (b) knowingly permits himself to be advertised or represented as a civil celebrant, shall be guilty of an offence and shall be liable to a fine at level 5 and imprisonment for 2 years. (Added 23 of 2005 s. 17) MARRIAGE ORDINANCE - SECT 34 Fines VerDate:30/06/1997 All fines for offences against this Ordinance may be recovered in a summary way before a magistrate. (Amended 30 of 1911; 50 of 1911) MARRIAGE ORDINANCE - SECT 34A Time limit for prosecution VerDate:13/03/2006 Notwithstanding section 26 of the Magistrates Ordinance (Cap 227), proceedings for an offence against section 29, 30(a), 30(b), 32, 33, 33A(1), 33B, 39(3)(a) or 39(3)(b) may be brought within 6 months after the act or omission alleged to be constituting the offence is discovered by or comes to the notice of the prosecutor. (Added 23 of 2005 s. 18) MARRIAGE ORDINANCE - SECT 35 Use of forms VerDate:13/03/2006 PART 8 MISCELLANEOUS (Added 23 of 2005 s. 55) The forms in Schedule 1 may be used in the cases to which they are applicable with such alterations as circumstances may render necessary. (Amended 50 of 1911 s. 4; 23 of 2005 s. 56) MARRIAGE ORDINANCE - SECT 35 Use of forms VerDate:30/06/1997 The forms in the First Schedule may be used in the cases to which they are applicable with such alterations as circumstances may render necessary. (Amended 50 of 1911 s. 4) MARRIAGE ORDINANCE - SECT 36 Fees VerDate:13/03/2006 (1) The fees specified in Schedule 2 shall be paid to the Registrar for the respective matters specified opposite to the fees in that Schedule. (Amended 50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 22; 14 of 1926 s. 5; 15 of 1947 s. 2; 20 of 1948 s. 4; 1 of 1960 s. 17; 71 of 1999 s. 3; 23 of 2005 s. 57) (2) The Chief Executive in Council may by order published in the Gazette amend Schedule 2. (Added 23 of 2005 s. 57) MARRIAGE ORDINANCE - SECT 36 Fees VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 The fees specified in the Second Schedule shall be paid to the Registrar for the several matters to which they are applicable: Provided that it shall be lawful for the Chief Executive in Council to make such alterations therein, including alterations increasing or decreasing fees, as shall be deemed advisable. (Amended 50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 22; 14 of 1926 s. 5; 15 of 1947 s. 2; 20 of 1948 s. 4; 1 of 1960 s. 17; 71 of 1999 s. 3) MARRIAGE ORDINANCE - SECT 36 Fees VerDate:30/06/1997 The fees specified in the Second Schedule shall be paid to the Registrar for the several matters to which they are applicable: Provided that it shall be lawful for the Governor in Council to make such alterations therein, including alterations increasing or decreasing fees, as shall be deemed advisable. (Amended 50 of 1911 s. 4; 62 of 1911 Schedule; 8 of 1912 s. 22; 14 of 1926 s. 5; 15 of 1947 s. 2; 20 of 1948 s. 4; 1 of 1960 s. 17) MARRIAGE ORDINANCE - SECT 37 Reduction or remission of fees VerDate:30/06/1997 The Registrar may, in any case where he is satisfied of the poverty of the parties, reduce the amount of the said fees or remit them altogether. (Amended 14 of 1926; 20 of 1948 s. 4) MARRIAGE ORDINANCE - SECT 38 Marriage under this Ordinance of persons customarily married VerDate:13/03/2006 The parties to any non-Christian customary marriage duly celebrated according to the personal law and religion of the parties before 7 October 1971 may, unless the husband has any other wife, contract with each other a marriage under this Ordinance; and such a marriage shall not invalidate the previous customary marriage. (Replaced 68 of 1970 s. 26; 23 of 2005 s. 58) MARRIAGE ORDINANCE - SECT 38 Marriage under Ordinance of persons customarily married VerDate:30/06/1997 The parties to any non-Christian customary marriage duly celebrated according to the personal law and religion of the parties before the appointed day under the Marriage Reform Ordinance (Cap 178) may, unless the husband has any other wife, contract with each other a marriage under this Ordinance; and such a marriage shall not invalidate the previous customary marriage. (Replaced 68 of 1970 s. 26) MARRIAGE ORDINANCE - SECT 39 Cases in which marriage of a dying person may be celebrated, and conditions of its celebration VerDate:13/03/2006 (1) Where 2 persons who have lived together in unlawful concubinage desire to marry and one of them is dying, the Registrar or any competent minister may celebrate the marriage at any place and at any time notwithstanding that no certificate of the Registrar has been issued and that no special licence has been granted: (Amended 80 of 1997 s. 32; 71 of 1999 s. 3) Provided that no such marriage shall be valid unless the following conditions are observed- (a) no such marriage shall be celebrated unless both the parties are able to signify their consent thereto and do so in the presence of 2 witnesses; (b) no such marriage shall be celebrated where either of the parties is under 21 years of age, not being a widower or widow, unless either the written consent of the relevant person or persons whose consent is required under section 14 is produced to the Registrar or minister, or such person or persons gives or give consent verbally in the presence of the Registrar or minister; (Amended 80 of 1997 s. 32) (c) no such marriage shall be valid which would be null and void, on the ground of kindred or affinity as provided in section 27(1); (d) a certificate in Form 6 in Schedule 1 shall be signed by the Registrar or minister, and by the witnesses to the marriage, and, where practicable, by the persons so married, and, if either of the parties is unable to sign, the Registrar or minister shall certify accordingly; (e) where the marriage is celebrated by a minister, the minister shall, within 7 days from the celebration thereof, forward such certificate to the Registrar, to be filed in his office. (Replaced 1 of 1960 s. 18) (2) If a marriage under subsection (1) takes place such marriage shall not revoke any will or codicil previously made by either of the parties to such marriage, but such will or codicil shall have the same validity as if such marriage had not taken place. (3 of 1893 s. 3 incorporated. Amended 80 of 1997 s. 32) (3) Any person who- (a) knowingly celebrates any marriage in purported pursuance of this section contrary to or not in accordance with any provision thereof; or (b) not being legally competent, celebrates any marriage under this section, shall be guilty of an offence and shall be liable to a fine at level 5 and imprisonment for 2 years. (3 of 1893 s. 4(1) incorporated. Amended 30 of 1911 s. 2; 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 27 of 1937 Schedule; 20 of 1948 s. 4; 22 of 1950 s. 3 & Schedule; 1 of 1960 s. 18; 50 of 1991 s. 4; L.N. 25 of 1996) (4) Any minister who, after celebrating a marriage under this section, fails to transmit the certificate thereof in accordance with the provisions of paragraph (e) of the proviso to subsection (1) shall be guilty of an offence and shall be liable to a fine at level 1. (3 of 1893 s. 4(2) incorporated. Amended 50 of 1911; 21 of 1912 s. 2; 5 of 1924 Schedule; 20 of 1948 s. 4; 22 of 1950 Schedule; 1 of 1960 s. 18; L.N. 25 of 1996) (Amended 23 of 2005 s. 59) MARRIAGE ORDINANCE - SECT 39 Cases in which marriage of a dying person may be celebrated, and conditions of its celebration VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 (1) Where 2 persons who have lived together in unlawful concubinage desire to marry and one of them is dying, the Registrar or any competent minister may celebrate the marriage at any place and at any time notwithstanding that the Registrar has not issued a certificate under the provisions of section 9 and that the Chief Executive has not granted a special licence under the provisions of section 11: (Amended 80 of 1997 s. 32; 71 of 1999 s. 3) Provided that no such marriage shall be valid unless the following conditions are observed- (a) no such marriage shall be celebrated unless both the parties are able to signify their consent thereto and do so in the presence of 2 witnesses; (b) no such marriage shall be celebrated where either of the parties is under 21 years of age, not being a widower or widow, unless either the written consent of the relevant person or persons whose consent is required under section 14 is produced to the Registrar or minister, or such person or persons gives or give consent verbally in the presence of the Registrar or minister; (Amended 80 of 1997 s. 32) (c) no such marriage shall be valid which would be null and void, on the ground of kindred or affinity, in England or Wales; (d) a certificate in the prescribed form shall be signed by the Registrar or minister, and by the witnesses to the marriage, and, where practicable, by the persons so married, and, if either of the parties is unable to sign, the Registrar or minister shall certify accordingly; (e) where the marriage is celebrated by a minister, the minister shall, within 7 days from the celebration thereof, forward such certificate to the Registrar, to be filed in his office. (Replaced 1 of 1960 s. 18) (2) If a marriage under subsection (1) takes place such marriage shall not revoke any will or codicil previously made by either of the parties to such marriage, but such will or codicil shall have the same validity as if such marriage had not taken place. (3 of 1893 s. 3 incorporated. Amended 80 of 1997 s. 32) (3) Any person who- (a) knowingly celebrates any marriage in purported pursuance of this section contrary to or not in accordance with any provision thereof; or (b) not being legally competent, celebrates any marriage under this section, shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to a fine at level 1 or to imprisonment for 2 years. (3 of 1893 s. 4(1) incorporated. Amended 30 of 1911 s. 2; 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 27 of 1937 Schedule; 20 of 1948 s. 4; 22 of 1950 s. 3 & Schedule; 1 of 1960 s. 18; 50 of 1991 s. 4; L.N. 25 of 1996) (4) Any minister who, after celebrating a marriage under this section, fails to transmit the certificate thereof in accordance with the provisions of paragraph (e) of the proviso to subsection (1) shall be liable to a fine at level 1. (3 of 1893 s. 4(2) incorporated. Amended 50 of 1911; 21 of 1912 s. 2; 5 of 1924 Schedule; 20 of 1948 s. 4; 22 of 1950 Schedule; 1 of 1960 s. 18; L.N. 25 of 1996) MARRIAGE ORDINANCE - SECT 39 Cases in which marriage of a dying person may be celebrated, and conditions of its celebration VerDate:30/06/1997 (1) Where 2 persons who have lived together in unlawful concubinage desire to marry and one of them is dying, the Registrar or any competent minister may celebrate the marriage at any place and at any time notwithstanding that the Registrar has not issued a certificate under the provisions of section 9 and that the Governor has not granted a special licence under the provisions of section 11: (Amended 80 of 1997 s. 32) Provided that no such marriage shall be valid unless the following conditions are observed- (a) no such marriage shall be celebrated unless both the parties are able to signify their consent thereto and do so in the presence of 2 witnesses; (b) no such marriage shall be celebrated where either of the parties is under 21 years of age, not being a widower or widow, unless either the written consent of the relevant person or persons whose consent is required under section 14 is produced to the Registrar or minister, or such person or persons gives or give consent verbally in the presence of the Registrar or minister; (Amended 80 of 1997 s. 32) (c) no such marriage shall be valid which would be null and void, on the ground of kindred or affinity, in England or Wales; (d) a certificate in the prescribed form shall be signed by the Registrar or minister, and by the witnesses to the marriage, and, where practicable, by the persons so married, and, if either of the parties is unable to sign, the Registrar or minister shall certify accordingly; (e) where the marriage is celebrated by a minister, the minister shall, within 7 days from the celebration thereof, forward such certificate to the Registrar, to be filed in his office. (Replaced 1 of 1960 s. 18) (2) If a marriage under subsection (1) takes place such marriage shall not revoke any will or codicil previously made by either of the parties to such marriage, but such will or codicil shall have the same validity as if such marriage had not taken place. (3 of 1893 s. 3 incorporated. Amended 80 of 1997 s. 32) (3) Any person who- (a) knowingly celebrates any marriage in purported pursuance of this section contrary to or not in accordance with any provision thereof; or (b) not being legally competent, celebrates any marriage under this section, shall be guilty of an offence triable either summarily or upon indictment, and shall be liable to a fine at level 1 or to imprisonment for 2 years. (3 of 1893 s. 4(1) incorporated. Amended 30 of 1911 s. 2; 50 of 1911; 51 of 1911; 1 of 1912 Schedule; 2 of 1912 Schedule; 27 of 1937 Schedule; 20 of 1948 s. 4; 22 of 1950 s. 3 & Schedule; 1 of 1960 s. 18; 50 of 1991 s. 4; L.N. 25 of 1996) (4) Any minister who, after celebrating a marriage under this section, fails to transmit the certificate thereof in accordance with the provisions of paragraph (e) of the proviso to subsection (1) shall be liable to a fine at level 1. (3 of 1893 s. 4(2) incorporated. Amended 50 of 1911; 21 of 1912 s. 2; 5 of 1924 Schedule; 20 of 1948 s. 4; 22 of 1950 Schedule; 1 of 1960 s. 18; L.N. 25 of 1996) MARRIAGE ORDINANCE - SECT 40 Marriages under this Ordinance are Christian or equivalent thereto VerDate:30/06/1997 (1) Every marriage under this Ordinance shall be a Christian marriage or the civil equivalent of a Christian marriage. (2) The expression "Christian marriage or the civil equivalent of a Christian marriage" implies a formal ceremony recognized by the law as involving the voluntary union for life of one man and one woman to the exclusion of all others. (Replaced 34 of 1932 s. 3) MARRIAGE ORDINANCE - SECT 41 (Repealed 28 of 1998 s. 2) VerDate:01/07/1997 Amendments retroactively made-see 28 of 1998 s. 2(1) MARRIAGE ORDINANCE - SECT 41 Recognition of certificates issued in the United Kingdom VerDate:30/06/1997 (1) Where a marriage is intended to be solemnized or contracted in the Colony between a Commonwealth Citizen resident in the Colony and a Commonwealth Citizen resident in the United Kingdom, a certificate for marriage issued by a superintendent registrar in England and a certificate for marriage issued by a registrar, and a certificate of proclamation of banns, in Scotland, and a certificate for marriage issued by a registrar in Northern Ireland, shall in the Colony have the same effect as a certificate of receipt of notice of marriage issued by the Registrar in the Colony. (Amended 5 of 1924 s. 14; 33 of 1939; G.N. 840 of 1940 Supp. Schedule; 20 of 1948 s. 4) (2) Where a marriage is intended to be solemnized or contracted in the United Kingdom between a Commonwealth Citizen resident in the United Kingdom and a Commonwealth Citizen resident in the Colony, a certificate of receipt of notice of marriage may be issued in the Colony in the like manner as if the marriage were to be solemnized or contracted in circumstances requiring a certificate of receipt of notice of marriage and as if both such parties to the marriage were resident in the Colony. (Amended 5 of 1924 s. 14) (5 of 1916 ss. 2 & 3 incorporated. Amended 80 of 1982 s. 2) MARRIAGE ORDINANCE - SECT 42 Regulations VerDate:13/03/2006 The Secretary may make regulations- (a) to provide for the composition of the Appeal Board for hearing appeals; (b) to provide for the operation of the Appeal Board; (c) to provide for the practice and procedure for handling of appeals by the Appeal Board; (d) to provide for legal representation of parties to an appeal; (e) to provide for the appointment and function of the Secretary of the Appeal Board; (f) to provide for the delegation of functions of the Appeal Board to the Secretary of the Appeal Board; (g) to provide for the powers that the Appeal Board may exercise in relation to appeals; (h) to provide for matters ancillary or incidental to the matters specified in paragraph (a), (b), (c), (d), (e), (f) or (g); and (i) generally for the better carrying out of this Ordinance. (Replaced 23 of 2005 s. 19) MARRIAGE ORDINANCE - SECT 42 Regulations and amendment of Schedules VerDate:01/07/1997 Adaptation amendments retroactively made - see 71 of 1999 s. 3 The Chief Executive may by order published in the Gazette provide for- (Amended 71 of 1999 s. 3) (a) the amendment of the First Schedule and the Third Schedule; and (Amended 80 of 1997 s. 33) (b) the due carrying out of the Ordinance. (Added 13 of 1976 s. 2) MARRIAGE ORDINANCE - SECT 42 Regulations and amendment of Schedules VerDate:30/06/1997 The Governor may by order published in the Gazette provide for- (a) the amendment of the First Schedule and the Third Schedule; and (Amended 80 of 1997 s. 33) (b) the due carrying out of the Ordinance. (Added 13 of 1976 s. 2) MARRIAGE ORDINANCE - SECT 42A Amendment of Schedules VerDate:13/03/2006 The Secretary may, by notice published in the Gazette, amend Schedule 1, Schedule 3 or Schedule 4. (Added 23 of 2005 s. 20) MARRIAGE ORDINANCE - SECT 43 Disposal of documents and microfilms when recorded in form of digital image VerDate:27/08/2007 Disposal of documents and microfilms when recorded in form of digital image (Amended 8 of 2006 s. 46) The Registrar may, where any document has been recorded in the form of digital image under this Ordinance, destroy or otherwise dispose of such document, and any microfilm on which such document is recorded, in such manner as he thinks fit. (Added 80 of 1997 s. 77. Amended 8 of 2006 s. 46) MARRIAGE ORDINANCE - SECT 43 Disposal of documents when microfilmed VerDate:30/06/1997 The Registrar may, where any document has been recorded on microfilm under this Ordinance, destroy or otherwise dispose of such document in such manner as he thinks fit. (Added 80 of 1997 s. 77) MARRIAGE ORDINANCE - SECT 44 Registrar may provide information relating to civil celebrant, etc. to professional bodies VerDate:13/03/2006 The Registrar may provide- (a) any information relating to the performance of any function as a civil celebrant by any person who- (i) is a civil celebrant; or (ii) has been a civil celebrant; or (b) any information relating to any improper conduct of any person in his application for appointment or renewal of appointment as civil celebrant, to any professional body for its use in connection with any disciplinary proceedings or prospective disciplinary proceedings against the person on such terms as the Registrar may specify. (Added 23 of 2005 s. 21) MARRIAGE ORDINANCE - SECT 45 Saving VerDate:13/03/2006 The amendments made to section 27 and paragraph (c) of the proviso to section 39(1) by the Marriage (Introduction of Civil Celebrants of Marriages and General Amendments) Ordinance (23 of 2005) shall not- (a) validate a marriage which would have been invalid; or (b) invalidate a marriage which would have been valid, but for the enactment of that Ordinance. (Added 23 of 2005 s. 60) MARRIAGE ORDINANCE - SCHEDULE 1 FORMS VerDate:13/03/2006 SCHEDULE 1 [sections 2, 6, 9, 11, 20, 20A, 21, 35, 39 & 42A] FORMS (Amended 23 of 2005 s. 22) FORM 1 [section 6] NOTICE OF INTENDED MARRIAGE 擬結婚通知書 (Marrige Ordinance (Cap 181)) (《婚姻條例》(第181章)) To: The Registrar of Marriages, Hong Kong. 致： 香 港 婚 姻 登 記 官 Take notice that the parties named in this notice intend to contract a marriage within 3 months from the date of this notice. 現謹通告名列本通知書的雙方擬在自本通知書日期起計的3個月內結婚。 Part I 第I部分 Bridegroom 新郎 Bride 新娘 Surname and name 姓名 Marital condition 婚姻狀況 Bachelor/Widower/Divorced person 未婚/鰥夫/離婚 Spinster/Widow/Divorced person 未婚/寡婦/離婚 Occupation 職業 Date of birth 出生日期 Residential address (Street name & district) 住址(街道名稱及地區) Consent of the third party (if any) 第三者的同意(如有) Part II 第II部分 HK identity card no./ Travel document type and no. 香港身分證號碼/ 旅行證件類別及號碼 Residential address in full 詳細住址 Daytime telephone no. 日間電話號碼 Surname and name of father 父親姓名 Surname and name of mother 母親姓名 [Where applicable] This notice is given through (name of civil celebrant), Civil Celebrant of Marriages. [如適用]本通知書透過婚姻監禮人(婚姻監禮人的姓名)發出。 I and the other party named above intend to contract a marriage at (place of celebration of marriage) on the day of , 20 本人與名列上表的另一方擬於 年 月 日在(舉行婚禮地點) before □ the Registrar. 在 登記官 □ a civil celebrant. 主持下締結婚姻。 婚姻監禮人 □ a competent minister. 合資格的神職人員 Dated this day of , 20 . 年 月 日 (Signature of the party giving the notice) (發出通知書的一方簽署) (Name of the party) (該方姓名) (Replaced 23 of 2005 s. 22) FORM 2 [section 9] CERTIFICATE OF REGISTRAR OF MARRIAGES 婚姻登記官證明書 (Marriage Ordinance (Cap 181)) (《婚姻條例》(第181章)) I hereby certify that on the day of , 20 , a notice of intended marriage was entered in the Marriage Notice Book of Hong Kong in respect of the marriage intended to be contracted between the parties named below. 現證明一份擬結婚通知書已於 年 月 日就下述人士擬締結的婚姻載入香港結婚通知冊。 Bridegroom 新郎 Bride 新娘 Surname and name 姓名 Age 年齡 Marital condition 婚姻狀況 Bachelor/Widower/ Divorced person 未婚/鰥夫/離婚 Spinster/Widow /Divorced person 未婚/寡婦/離婚 Occupation 職業 Residential address 住址 Surname and name of father 父親姓名 Surname and name of mother 母親姓名 The issue of this certificate has not been forbidden by any person who is entitled under law to forbid the issue of it. 根據法律有權不准發給本證明書的人，並無不准發給本證明書。 Dated this day of , 20 . 年 月 日 (Signature) (簽署) (Name and title) (姓名及稱銜) This certificate will be of no effect unless the marriage is solemnized on or before the day of , 20 . 婚禮須於 年 月 日或之前舉行，否則本證明書即告無效。 This certificate was issued under the proviso to section 9(1) of the Marriage Ordinance (Cap 181). 本證明書根據《婚姻條例》(第181章)第9(1)條但書發給。 (Replaced 23 of 2005 s. 61) FORM 3 [section 11] SPECIAL LICENCE (Marriage Ordinance (Cap 181)) I hereby- * dispense, in relation to the intended marriage between [name of a party to the intended marriage] and [name of the other party], with- * the requirement to give a notice of intended marriage under section 6 of the Marriage Ordinance (Cap 181); * the requirement to issue a Certificate of Registrar of Marriages under section 9 of the Marriage Ordinance (Cap 181). * authorize the celebration of a marriage between [name of a party to the intended marriage] and [name of the other party] at [place of celebration of marriage] between [period of time] on the day of , 20 . Dated this day of , 20 . (Signature of the issuer) (Name and title of the issuer) * Delete where inapplicable. (Replaced 23 of 2005 s. 61) FORM 4 [sections 2 & 20] CERTIFICATE OF MARRIAGE 結婚證書 (Marriage Ordinance (Cap 181)) (《婚姻條例》(第181章)) Registration No. 登記編號 Date of Marriage 結婚日期 Bridegroom 新郎 Bride 新娘 Surname and name 姓名 Age 年齡 Marital condition before marriage 結婚前婚姻狀況 Bachelor/Widower/Divorced person 未婚/鰥夫/離婚 Spinster/Widow/Divorced person 未婚/寡婦/離婚 Occupation 職業 Residential address 住址 Surname and name of father 父親姓名 Surname and name of mother 母親姓名 Married at (place of celebration of marriage), Hong Kong according to rites and ceremonies before me. 婚禮在本人主持下於香港(舉行婚禮地點)以 儀式舉行。 (Signature of minister) (神職人員的簽署) (Name and title of minister) (神職人員的姓名及稱銜) The marriage was solemnized between us 結婚雙方 (Signature of and Bridegroom) 與 (新郎簽署) (Signature of Bride) (新娘簽署) in the presence of us 證婚人 (Signature of the first witness) (第一見證人簽署) and (Signature of the second witness) (第二見證人簽署) (Name of the 及 first witness) (第一見證人姓名) (Name of the second witness) (第二見證人姓名) (Replaced 23 of 2005 s. 61) FORM 5 [section 21] DECLARATION (Section 21 of the Marriage Ordinance (Cap 181)) I, [name of the person making the declaration] of [address] hereby declare that I fully understand that- (a) by taking [name of spouse] as my *wife/*husband in the presence of *the Registrar of Marriages/*a Deputy Registrar of Marriages/*a Civil Celebrant of Marriages in accordance with the Marriage Ordinance (Cap 181), I shall become legally married and bound to [name of spouse], although there will be no other rite of a civil or religious nature; (b) the effect of my taking [name of spouse] as my *wife/*husband is to create between us a marriage which cannot be dissolved during our joint lives except by a valid judicial decree; and (c) if I contract, during the lifetime of my *wife/*husband, another marriage while this marriage subsists, I commit the offence of bigamy and will be liable for the penalty for that offence. Dated this day of , 20 . (Signature of the person making this declaration) (Name of the person making this declaration) Witness, (Signature of the person taking this declaration) (Name of the person taking this declaration) *Registrar of Marriages/ *Deputy Registrar of Marriages/ *Civil Celebrant of Marriages Interpreted to the person making this declaration in the language in the presence of the person taking this declaration. (Signature of the interpreter) (Name of the interpreter) * Delete where inappropriate. (Replaced 23 of 2005 s. 22) FORM 6 [sections 2 & 39] CERTIFICATE OF MARRIAGE 結婚證書 (Marriage Ordinance (Cap 181)) (《婚姻條例》(第181章)) Registration No. 登記編號 Date of Marriage 結婚日期 Bridegroom 新郎 Bride 新娘 Surname and name 姓名 Age 年齡 Marital condition before marriage 結婚前婚姻狀況 Bachelor/Widower/ Divorced person 未婚／鰥夫／離婚 Spinster/Widow/ Divorced person 未婚／寡婦／離婚 Occupation 職業 Residential address 住址 Surname and name of father 父親姓名 Surname and name of mother 母親姓名 Married at (place of celebration of marriage), Hong Kong in accordance with the provisions of the Marriage Ordinance (Cap 181) according to rites and ceremonies before me. 婚禮在本人主持下於香港(舉行婚禮地點)按照《婚姻條例》(第181章)以 儀式舉行。 (Signature of the person celebrating the marriage) __(主持婚禮的人的簽署)__ (Name and title of the person celebrating the marriage) (主持婚禮的人的姓名及稱銜) *The marriage was solemnized between us 結婚雙方 (Signature of and bridegroom) 與 (新郎簽署) (Signature of bride) (新娘簽署) *The marriage was solemnized between us 結婚雙方 (Signature and name and of one party) 與 (一方的簽署及姓名) (Name of the other party) (另一方的姓名) in the presence of us 證婚人 (Signature of the first witness) __(第一見證人簽署)__ and (Name of the 及 first witness) (第一見證人姓名) (Signature of the second witness) __(第二見證人簽署)__ (Name of the second witness) (第二見證人姓名) * I hereby certify that the said (name of the party who was unable to sign) was unable to sign this certificate owing to *the state of health/*[other ground as may be applicable]. 本人現核證上述(不能簽署的一方的姓名)由於*健康狀況／*[適用的其他理由]而不能在本證書上簽署。 (Signature of the person celebrating the marriage) __(主持婚禮的人的簽署)__ (Name of the person celebrating the marriage) (主持婚禮的人的姓名) * Complete where applicable. 只在適用時填寫。 (Replaced 23 of 2005 s. 61) FORM 7 [sections 2, 20A & 21] CERTIFICATE OF MARRIAGE 結婚證書 (Marriage Ordinance (Cap 181)) (《婚姻條例》(第181章)) Registration No. 登記編號 Date of Marriage 結婚日期 Bridegroom 新郎 Bride 新娘 Surname and name 姓名 Age 年齡 Marital condition before marriage 結婚前婚姻狀況 Bachelor/Widower/Divorced person 未婚／鰥夫／離婚 Spinster/Widow/Divorced person 未婚／寡婦／離婚 Occupation 職業 Residential address 住址 Surname and name of father 父親姓名 Surname and name of mother 母親姓名 Married at (place of celebration of marriage), Hong Kong in accordance with the provisions of the Marriage Ordinance (Cap 181) before me. 婚禮在本人主持下於香港(舉行婚禮地點)按照《婚姻條例》(第181章)舉行。 (Signature of the person celebrating the marriage) ________(主持婚禮的人的簽署)________ (Name and title of the person celebrating the marriage) (主持婚禮的人的姓名及稱銜) The marriage was solemnized between us 結婚雙方 (Signature of bridegroom) and (新郎簽署) 與 (Signature of bride) (新娘簽署) in the presence of us 證婚人 (Signature of the first witness) ___(第一見證人簽署)___ and (Name of the first witness) 及 (第一見證人姓名) (Signature of the second witness) ____(第二見證人簽署)____ (Name of the second witness) (第二見證人姓名) (Added 23 of 2005 s. 22) MARRIAGE ORDINANCE - SCHEDULE 1 VerDate:30/06/1997 FIRST SCHEDULE [section 35] FORM 1 [section 6] NOTICE OF MARRIAGE To the Registrar of Marriages, Hong Kong I hereby give you notice that a marriage is intended to be had, within 3 months from the date hereof, between me and the other party herein named. Bridegroom Bride Surname and name Condition (Bachelor/Widower/ Divorced person) (Spinster/Widow/ Divorced person) Rank or profession Age Dwelling place By whom consent (if any) given \ Witness my hand this day of , 19 . Party giving the notice. (Replaced L.N. 502 of 1995) FORM 2 [section 9] CERTIFICATE OF REGISTRAR OF MARRIAGES I, , Registrar of Marriages of Hong Kong, do hereby certify that on the day of , 19 , notice was duly entered in the Marriage Notice Book of Hong Kong of the marriage intended to be had between the parties herein named and described. Bridegroom Bride Surname and Name Condition (Bachelor/Widower/ Divorced person) (Spinster/Widow/ Divorced person) Rank or profession Age Dwelling place Date of notice entered , 19 . Date of certificate given ,19 . The issue of this certificate has not been forbidden by any person authorized to forbid the issue thereof. Witness my hand this day of , 19 . Registrar of Marriages. This certificate will be void unless the marriage is solemnized on or before the day of , 19 . This certificate was issued under the provisions of the proviso to section 9. (Replaced L.N. 502 of 1995) FORM 3 [section 11] Special Licence HONG KONG. The Marriage Ordinance, section 11. Whereas A.B. and C.D. desire to marry, and sufficient cause has been shown to me why such marriage should be allowed without the formalities prescribed by the Marriage Ordinance, Chapter 181: Now, therefore, in pursuance of the said Ordinance, I do dispense with the giving of notice and the issue of the certificate thereby prescribed [or as the case may be] and do hereby authorize any competent person to celebrate marriage between the said A.B. and C.D. at [place of celebration] on the day of , 19 , between the hours of o'clock in the forenoon and o'clock in the afternoon. Dated the day of , 19 . (Signed) (Amended 13 of 1976 s. 3) FORM 4 [section 20] CERTIFICATE OF MARRIAGE Butt Date ____________ Registration No. _________ Name of Bridegroom Name of Bride ________________ _________________ Marriage Ordinance，section 20. 19 ，Marriage solemnized in the at in Hong Kong. Marriage Ordinance，section 20. 19 ，Marriage solemnized in the at in Hong Kong. Certificate of Marriage Certificate of Marriage Registration No. Registration No. When married When married Bridegroom Bride Bridegroom Bride Surname and name Surname and name Age Age Condition (Bachelor/ Widower/ Divorced person) (Spinster/Widow/ Divorced person) Condition (Bachelor/ Widower/ Divorced person) (Spinster/Widow/ Divorced person) Rank or profession Rank or profession Residence at the time of marriage Residence at the time of marriage Surname and name of father Surname and name of father Surname and name of mother Surname and name of mother Married in the according to the rites and ceremonies of the by by/before me. _____________ The marriage was solemnized between us _____________ and _____________ in the presence of us __________________ and _____________ Married in the according to the rites and ceremonies of the by by/before me. _____________ The marriage was solemnized between us _____________ and _____________ in the presence of us __________________ and _____________ (Replaced L.N. 502 of 1995) FORM 5 [section 21] Declaration I. A.B., of do hereby declare that I fully understand that by publicly taking C.D. as my wife [or husband, as the case may be] in the presence of the Registrar of Marriages, I shall become legally married and bound to the said C.D., although no other rite of a civil or religious nature shall take place, and I also understand that the effect of my publicly taking the said C.D., as my wife [or husband, as the case may be] as aforesaid is to create between us a marriage which cannot be dissolved during our joint lives except by a valid judgment of divorce, and that if either of us, during the lifetime of the other, shall contract another marriage while this one remains undissolved, he or she will be guilty of bigamy and will be liable to the punishment for that offence. Dated this day of , 19 . (Signed) A.B. Witness, (Signed) W.X., Registrar of Marriages. Interpreted to the said A.B. in the language, in the presence of W.X., Registrar of Marriages. (Signed) Y.Z., Interpreter. (Added 14 of 1896 Schedule. Amended 14 of 1926 s. 5; 1 of 1960 s. 19) FORM 6 [section 39] FORM OF CERTIFICATE 證書格式 (Marriage of a Dying Person) (臨終的人的婚禮) Butt 存根 Date Registration No. 日期 _______________ 登記編號 ________ Name of Bridegroom Name of Bride 新郎姓名 _________ 新娘姓名 _______ Marriage Ordinance，section 39. 婚姻條例第39條 19 ，Marriage solemnized in the at in Hong Kong. 19 年 月 日在香港 的 舉行婚禮。 Marriage Ordinance，section 39. 婚姻條例第39條 19 ，Marriage solemnized in the at in Hong Kong. 19 年 月 日在香港 的 舉行婚禮。 Certificate of Marriage 結婚證書 Certificate of Marriage 結婚證書 Registration No. 登記編號 Registration No. 登