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LEGITIMACY ORDINANCE - SCHEDULE
SCHEDULE
[section 3(3)]
REGISTRATION OF BIRTHS OF LEGITIMATED PERSONS
1. The Registrar of Births and Deaths (hereinafter referred to as the Registrar which term shall include any deputy registrar) may, on production of such evidence as appears to him to be satisfactory, authorize at any time the re-registration of the birth of a legitimated person whose birth is already registered under the Births and Deaths Registration Ordinance (Cap 174), and such re-registration shall be effected in such manner and at such place as the Registrar directs:
Provided that the Registrar shall not authorize the re-registration of the birth of any such person in any case where information with a view to obtaining such re-registration is not furnished to him by both parents, unless-(a) the name of a person acknowledging himself to be the father of the legitimated person has been entered in the register in pursuance of section 12 of the Births and Deaths Registration Ordinance (Cap 174); or
(b) the paternity of the legitimated person has been established by an affiliation order or otherwise by a decree of a court of competent jurisdiction; or
(c) a declaration of the legitimacy of the legitimated person has been made under section 49 of the Matrimonial Causes Ordinance (Cap 179).
2. It shall be the duty of the parents of a legitimated person, or, in cases where re-registration can be effected on information furnished by one parent and one of the parents is dead, of the surviving parent, within the time hereinafter specified, to furnish to the Registrar information with a view to obtaining the re-registration of the birth of that person; that is to say-(a) if the marriage took place before the commencement of this Ordinance, within 6 months of such commencement;
(b) if the marriage took place after the commencement of this Ordinance, within 3 months after the date of the marriage.
3. Where the parents, or either of them, fail to furnish the necessary information within the time limited for the purpose, the Registrar may at any time after the expiration of that time require the parents of a person whom he believes to have been legitimated by virtue of this Ordinance, or either of them, to give him such information concerning the matter as he may consider necessary, verified in such manner as he may direct, and for that purpose to attend personally either at a register office or at any other place appointed by him within such time, not being less than 7 days after the receipt of the notice, as may be specified in the notice.
4. The failure of the parents or either of them to furnish information as required by this Schedule in respect of any legitimated person shall not affect the legitimation of that person.
5. No fee for re-registration under this Schedule shall be charged if the necessary information for the purpose is furnished within the time above specified; but in any other case there shall be charged in respect of such re-registration a fee of $340. (Amended 69 of 1984 s. 2; 53 of 1986 s. 3; L.N. 75 of 1991; L.N. 198 of 1993; L.N. 364 of 1994; L.N. 243 of 1995; L.N. 285 of 1996; L.N. 453 of 1997)
6. (1) Upon application being made to a Registrar and upon payment of a fee of $140 a certified copy of the entry of the birth of a legitimated person whose birth has been re-registered shall be supplied to the person applying and paying the fee. (Amended 69 of 1984 s. 2; 53 of 1986 s. 3; L.N. 75 of 1991; L.N. 198 of 1993; L.N. 364 of 1994; L.N. 243 of 1995; L.N. 285 of 1996; L.N. 453 of 1997)
(2) Where the birth of a legitimated person has been re-registered no certified copy of any previous entry shall be supplied without the consent of the Registrar.
7. This Schedule shall be construed as one with the Births and Deaths Registration Ordinance (Cap 174)