Hong Kong Ordinances

LEGITIMACY ORDINANCE - SECT 11

Legitimacy of children of certain void marriages

(1) Subject to the provisions of this section, the child of a void  marriage,
whether born before or after the commencement of this Ordinance, shall be
treated as the legitimate child of his parents if at the time of the
conception of the child (or at the time of the time of the celebration of the
marriage if later) both or either of the parties reasonably believed that the
marriage was valid. (Amended 17 of 1993 s. 19)

(2) This section applies, and applies only, where the father of the child was
domiciled in or had a substantial connection with Hong Kong at the time of the
birth or, if he died before the birth, was so domiciled or had such a
connection immediately before his death.

(3) In this section, "void marriage" (無效婚姻) means a marriage, not
being voidable only, in respect of which the Court has or had jurisdiction to
grant a decree of nullity, or would have or would have had such jurisdiction
if the parties were domiciled in or had a substantial connection with Hong
Kong.

(4) It is hereby declared for the avoidance of doubt that subsection (1)
applies notwithstanding that the belief that the marriage was valid was due to
a mistake as to law. (Added 17 of 1993 s. 19)

(5) In relation to a child born after the coming into force of section 19 of
the Parent and Child Ordinance ( Cap 429), it shall be presumed for the
purposes of subsection (1), unless the contrary is shown, that one of the
parties to the void marriage reasonably believed at the time of the conception
of the child (or at the time of the celebration of the marriage if later) that
the marriage was valid. (Added 17 of 1993 s. 19) [cf. 1959 c. 73 s. 2 U.K.;
1976 c. 31 s. 1 U.K.]

"void marriage" (無效婚姻)