Hong Kong Ordinances

MARRIAGE ORDINANCE - SECT 5E

Suspension of appointment

(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)