Deaths Registration (Special Registers) Ordinance


Published: 1997-06-30

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Cap 176 - DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE 1

Chapter: 176 DEATHS REGISTRATION (SPECIAL REGISTERS)
ORDINANCE

Gazette Number Version Date


Long title 30/06/1997


To authorize the Registrar of Births and Deaths to keep special registers of deaths for the purpose of registering deaths
previously registered in specified lost registers.


[31 December 1947]


(Originally 51 of 1947 (Cap 176 1950))

Part: I PRELIMINARY 30/06/1997




Section: 1 Short title 30/06/1997


This Ordinance may be cited as the Deaths Registration (Special Registers) Ordinance.

Section: 2 Interpretation L.N. 91 of 2007 27/08/2007


In this Ordinance, unless the context otherwise requires- (Amended 8 of 2006 s. 31)
"death certificate (1896)" (死亡證明書(1896年)) means a certified and sealed copy of an entry of a death, given

pursuant to section 16 of the Births and Deaths Registration Ordinance 1896 (16 of 1896);
"death certificate (1934)" (死亡證明書(1934年)) means a certified and sealed copy of an entry of a death, given

pursuant to section 24 of the principal Ordinance;
"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. 31)
"general register office" (登記總處) means the general register office appointed under section 3(1)(c) of the Births

and Deaths Registration Ordinance (Cap 174); (Replaced 38 of 1979 s. 2)
"lost register (1896)" (遺失登記冊(1896年)) means any register book of deaths formerly kept in accordance with the

provisions of the Births and Deaths Registration Ordinance 1896 (16 of 1896) and which, under section 3 of this
Ordinance is deemed to have been lost;

"lost register (1934)" (遺失登記冊(1934年)) means any register book of deaths formerly kept in accordance with the
provisions of the principal Ordinance and which, under section 3 of this Ordinance, is deemed to have been lost;

"No. 1 register (1896)" (第1號登記冊(1896年)) means a special register of deaths kept under the provisions of this
Ordinance for the purpose of registering death certificates (1896);

"No. 2 register (1896)" (第2號登記冊(1896年)) means a special register of deaths kept under the provisions of this
Ordinance for the purpose of registering evidence other than a death certificate (1896) of previous registration in
the lost register (1896);

"No. 1 register (1934)" (第1號登記冊(1934年)) means a special register of deaths kept under the provisions of this
Ordinance for the purpose of registering death certificates (1934);

"No. 2 register (1934)" (第2號登記冊(1934年)) means a special register of deaths kept under the provisions of this
Ordinance for the purpose of registering evidence other than a death certificate (1934) of previous registration in
the lost register (1934);

"principal Ordinance" (主體條例) means the Births and Deaths Registration Ordinance (Cap 174);
"register computer" (登記電腦) means a computer forming the system of storing the particulars under sections 4 and

6A; (Added 8 of 2006 s. 31)
"Registrar" (登記官) means the Registrar of Births and Deaths, and includes any deputy registrar of births and deaths;

(Amended 26 of 1949 s. 2; 8 of 2006 s. 31)
"signed register form" (經簽署登記表格) means a register form completed and signed under section 6A; (Added 8



Cap 176 - DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE 2

of 2006 s. 31)
"special register books of deaths" (特設死亡登記簿) means the special register books of deaths kept by the

Registrar immediately before the commencement of the Births, Deaths and Marriages (Digital Image) Ordinance
(8 of 2006); (Added 8 of 2006 s. 31)

"Special register of deaths" (特設死亡登記冊) means the No. 1 register (1896), or the No. 2 register (1896), or the
No. 1 register (1934), or the No. 2 register (1934), as the context requires.


Part: II GENERAL 30/06/1997




Section: 3 Death registers deemed lost 30/06/1997


All the register books of deaths specified in Part I and Part II of the First Schedule are hereby deemed to have
been permanently lost as from 25 December 1941.

Section: 4 Maintenance of registers and storage of information L.N. 91 of 2007 27/08/2007


(1) The Registrar shall maintain the following registers-
(a) No. 1 register (1896) in Form 1 in the Second Schedule;
(b) No. 2 register (1896) in Form 2 in the Second Schedule;
(c) No. 1 register (1934) in Form 1 in the Third Schedule; and
(d) No. 2 register (1934) in Form 2 in the Third Schedule.

(2) The registers shall be kept in the form of digital image in the general register office.
(3) On the commencement of the Births, Deaths and Marriages (Digital Image) Ordinance (8 of 2006), the

special register books of deaths shall form part of the registers maintained by the Registrar under this section and be
recorded in the form of digital image by the Registrar.

(4) The Registrar shall cause the particulars of the entries contained in the special register books of deaths to be
stored in the manner described in section 6A(3)(b).

(Replaced 8 of 2006 s. 32)

Section: 4A Disposal of special register books of deaths L.N. 91 of 2007 27/08/2007


Where-
(a) the special register books of deaths or any part of them has been recorded in the form of digital image;

and
(b) the particulars of the entries contained in such register books or such part of them have been stored in

the manner described in section 6A(3)(b),
the Registrar may destroy or otherwise dispose of such register books or such part of them (as the case may be) in
such manner as he thinks fit.

(Added 8 of 2006 s. 33)

Section: 5 Requirement of registration in No. 1 registers 30/06/1997


(1) Any person in possession of a death certificate (1896) may require the Registrar to register the death to
which such certificate relates in the No. 1 register (1896) and such death shall be registered accordingly without
payment of any fee.

(2) Any person in possession of a death certificate (1934) may require the Registrar to register the death to
which such certificate relates in the No. 1 register (1934) and such death shall be registered accordingly without
payment of any fee.

(Amended 26 of 1949 s. 3)

Section: 6 Requirement of registration in No. 2 registers 30/06/1997


(1) Any person who is unable to produce a death certificate (1896) but who by means of other evidence



Cap 176 - DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE 3

satisfies the Registrar that the death to which such evidence relates was registered in the lost register (1896) may
require the Registrar to register the death in the No. 2 register (1896) and such death shall be registered accordingly
without payment of any fee.

(2) Any person who is unable to produce a death certificate (1934) but who by means of other evidence
satisfies the Registrar that the death to which such evidence relates was registered in the lost register (1934) may
require the Registrar to register the death in the No. 2 register (1934) and such death shall be registered accordingly
without payment of any fee.

(3) No death shall be registered in the No. 2 register (1896) or the No. 2 register (1934) except with the consent
of the Registrar and the fact of such consent having been given shall be entered in any such register.

(Amended 26 of 1949 s. 3)

Section: 6A Register forms L.N. 91 of 2007 27/08/2007


(1) The Registrar shall, before registering a death under section 5 or 6, arrange for a register form to be-
(a) completed; and
(b) signed by the person who requires such registration.

(2) The register form shall-
(a) (in the case of a registration under section 5(1)) contain such particulars as set out in Form 1 in the

Second Schedule;
(b) (in the case of a registration under section 5(2)) contain such particulars as set out in Form 1 in the

Third Schedule;
(c) (in the case of a registration under section 6(1)) contain such particulars as set out in Form 2 in the

Second Schedule;
(d) (in the case of a registration under section 6(2)) contain such particulars as set out in Form 2 in the

Third Schedule.
(3) The Registrar shall, on registration of a death under section 5 or 6, cause-

(a) the signed register form that relates to the death to be recorded in the form of digital image; and
(b) the particulars contained in the form to be stored in the database of a register computer in the form of

data which are capable of being retrieved and reproduced in a legible form.
(4) The image recorded in accordance with subsection (3)(a) shall form part of the relevant register in which

the death shall be registered.
(Added 8 of 2006 s. 34)


Section: 7 Indexes and searches L.N. 91 of 2007 27/08/2007


(1) The Registrar shall cause indexes of the special register of deaths to be made, and any person shall be
entitled on payment of the prescribed fee to require the Registrar to cause a search to be made of such indexes and
register and to receive a copy of any entry in the said register certified under the hand of the Registrar and sealed or
stamped with the seal or stamp of the general register office. (Amended 26 of 1949 s. 3; 8 of 2006 s. 35)

(2) If the particulars of an entry have been stored in the manner described in section 6A(3)(b), the Registrar
may cause to be produced a copy of such entry by using such particulars, and the copy so produced, if certified and
sealed (or stamped) in accordance with subsection (1), shall be deemed to be a certified copy of such entry in the
special register of deaths. (Added 8 of 2006 s. 35)

Section: 8 Official seal and evidential value of registers 30/06/1997


(1) The Registrar shall cause to be sealed or stamped with the seal or stamp of the general register office all
certified copies of entries given in the said office.

(2) Every entry and every certified copy of an entry in the No. 1 register (1896) shall be received as evidence of
the death to which the same relates without other or further proof of such entry.

(3) Every entry and every certified copy of an entry in the No. 1 register (1934) shall be of equivalent
evidential value to that accorded to a death certificate (1934) by section 24 of the principal Ordinance.

(4) Every entry and every certified copy of an entry in the No. 2 register (1896) or the No. 2 register (1934)
shall be received as proof that evidence (other than a certified and sealed copy of an entry of death) to the satisfaction
of the Registrar has been produced that the death to which such entry or certified copy thereof relates was registered in



Cap 176 - DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE 4

the appropriate lost register. (Replaced 18 of 1953 s. 2)
(Amended 26 of 1949 s. 3)


Section: 9 Fees 30/06/1997


There shall be paid in respect of any matter for which a fee is prescribed under this Ordinance, the fees specified
respectively in Part I of the Fourth Schedule.

Section: 10 Offences and penalties L.N. 91 of 2007 27/08/2007


Offences and penalties
(Amended 8 of 2006 s. 36)


(1) Any person who having custody of or access to the special register of deaths or certified copies thereof, or

of any part thereof, carelessly loses or injures the same or carelessly allows the same to be injured whilst in his
keeping or possession commits an offence and shall be liable on summary conviction to a fine at level 1. (Amended
L.N. 25 of 1996; 8 of 2006 s. 36)

(2) Any person who having the custody of or access to the database referred to in section 6A(3)(b)-
(a) alters any data in the database or allows such data to be altered, other than for the purpose of carrying

out duties under this Ordinance;
(b) carelessly loses or damages any data in the database or allows such data to be lost or damaged; or
(c) otherwise tampers with the database so that the data contained in it or any part of such data becomes

incapable of being retrieved or reproduced in a legible form,
commits an offence and shall be liable on summary conviction to a fine at level 1 or to imprisonment for 6 months.
(Added 8 of 2006 s. 36)

Section: 11 (Repealed 48 of 1972 s. 4) 30/06/1997




Section: 12 Correction of errors L.N. 91 of 2007 27/08/2007


Correction of errors
(Amended 8 of 2006 s. 37)


(1) With regard to the correction of errors in the special register of deaths, the following provisions shall have

effect- (Amended 8 of 2006 s. 37)
(a) no alteration in any such register shall be made except as authorized by this Ordinance;
(b) any clerical error which may be discovered in any such register shall, as soon as possible, be corrected

by the Registrar, who shall place his initials in the margin opposite the entry in which such error has
been discovered;

(c) an error of fact or substance in any such register may be corrected by entry in the margin (without any
alteration of the original entry) by the Registrar on payment of the prescribed fee and on production to
him by the person requiring such error to be corrected of a declaration in the prescribed form setting
forth the nature of the error and the true facts of the case, and made by 2 credible persons to the
satisfaction of the Registrar having knowledge of the truth of the case, and the Registrar shall initial
such marginal entry and shall add thereto the day and month and year when such correction is made.
(see Fourth Schedule, Part II, Form 1) (Amended 26 of 1949 s. 3)

(2) In relation to an entry the particulars of which have been stored in the database referred to in section
6A(3)(b)-

(a) where the Registrar is aware of a clerical error in such particulars, he shall correct the error as soon as
possible; and

(b) where an error that is corrected under subsection (1)(c) relates to the entry, the Registrar shall amend
such particulars accordingly. (Added 8 of 2006 s. 37)





Cap 176 - DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE 5

Section: 13 Forms and regulations 71 of 1999 01/07/1997


Remarks:
Adaptation amendments retroactively made - see 71 of 1999 s. 3


(1) The forms prescribed in the Schedules shall be used in the cases to which they refer.
(2) The Chief Executive may by order published in the Gazette provide for- (Amended 71 of 1999 s. 3)

(a) the amendment of the Schedules; and
(b) the due carrying out of the Ordinance.

(Replaced 42 of 1967 s. 2)

Schedule: 1 LOST REGISTERS OF DEATHS 30/06/1997




[section 3]


PART I


Registers of deaths formerly kept pursuant to the Births and Deaths Registration Ordinance 1896.

Serial
No.

Particulars of lost registers
of deaths

Office where death
registered

1. Register for the period 3 October 1931 to 31 December
1931, both days inclusive.

Kowloon Registry Office.

2. Register for the period 28 September 1932 to 31 December
1932, both days inclusive.

-do-

3. Register for the year 1924. Yau Ma Tei Police Station.


PART II


Registers of deaths formerly kept pursuant to the Births and Deaths Registration Ordinance (Cap 174).

Serial
No.

Particulars of lost registers
of deaths

Office where death
registered

1. Register for the period 1 September 1937 to 29 November
1937, both days inclusive.

General Register Office.

2. Register for the period 10 April 1938 to 15 August 1938,
both days inclusive.

-do-

3. Register for the period 29 March 1939 to 3 May 1939,
both days inclusive.

-do-

4. Register for the period 13 November 1941 to 24 December
1941, both days inclusive.

-do-

5. Register for the period 1 January 1940 to 24 December
1941, both days inclusive.

Aberdeen Police Station.

6. Register for the period 1 January 1939 to 24 December
1941, both days inclusive.

Stanley Police Station.

7. Register for the period 1 January 1940 to 24 December
1941, both days inclusive.

Kowloon Registry Office.

8. Register for the period 1 January 1940 to 24 December
1941, both days inclusive.

Au Tau Police Station.

9. Register for the period 1 January 1939 to 24 December
1941, both days inclusive.

Cheung Chau Police Station.

10. Register for the period 1 January 1939 to 24 December
1941, both days inclusive.

Lok Ma Chau Police Station.



Cap 176 - DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE 6

11. Register for the period 1 January 1939 to 24 December
1941, both days inclusive.

Ping Shan Police Station.

12. Register for the period 1 January 1939 to 24 December
1941, both days inclusive.

Sai Kung Police Station.

13. Register for the period 1 January 1939 to 24 December
1941, both days inclusive.

Sha Tau Kok Police Station.

14. Register for the period 1 January 1940 to 24 December
1941, both days inclusive.

Sha Tin Police Station.

15. Register for the period 1 January 1939 to 24 December
1941, both days inclusive.

Sheung Shui Police Station.

16. Register for the period 1 January 1939 to 24 December
1941, both days inclusive.

Tai 0 Police Station.

17. Register for the period 1 January 1939 to 24 December
1941, both days inclusive.

Tai Po Police Station.

18. Register for the period 1 January 1939 to 24 December
1941, both days inclusive.

Tsuen Wan Police Station.

(Replaced G.N.A. 215 of 1949)

Schedule: 2 L.N. 91 of 2007 27/08/2007


[sections 4 & 6A]


(Amended 8 of 2006 s. 38)


FORM 1 [No. 1 Register (1896)]


REGISTER BOOK OF DEATHS
死亡登記冊


, , Deaths in the district of , Hong Kong.

年 月 日,香港 區死亡登記。



Registration No.

登記編號



When and where died

死亡日期及地點



Surname and name

姓名



Sex

性別



Age

年齡



Rank,profession, or

occupation and nationality,

so far as is known

所知的職位或職業及國籍



Cause of death

死因



Signature,description and



Cap 176 - DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE 7

residence of informant

申報人簽署、身分及住址

When registered

登記日期



Signature of Registrar

登記官簽署




(Amended 8 of 2006 s. 38)


FORM 2 [No. 2 Register (1896)]


REGISTER BOOK OF DEATHS

死亡登記冊


, , Deaths in the district of , Hong Kong.

年 月 日,香港 區死亡登記。



Registration No.

登記編號



When and where died

死亡日期及地點



Surname and name

姓名



Sex

性別



Age

年齡



Rank,profession, or

occupation and nationality,

so far as is known

所知的職位或職業及國籍



Cause of death

死因



Signature,description and

residence of informant

申報人簽署、身分及住址



When registered

登記日期



Consent and signature

of Registrar

登記官同意及簽署

Consent given 同意

A.B.

Registrar. 登記官


(Amended 8 of 2006 s. 38)

(Second Schedule replaced L.N. 500 of 1995)




Cap 176 - DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE 8

Schedule: 3 L.N. 91 of 2007 27/08/2007


[sections 4 & 6A]


(Amended 8 of 2006 s. 39)


FORM 1 [No. 1 Register (1934)]


REGISTER BOOK OF DEATHS
死亡登記冊


, , Deaths in the district of , Hong Kong.

年 月 日,香港 區死亡登記。





Registration No.

登記編號



When and where died

死亡日期及地點



Surname and name

姓名



Sex

性別



Age

年齡



Rank,profession, or

occupation and nationality,

so far as is known

所知的職位或職業及國籍



Cause of death

死因



Signature,description and

residence of informant

申報人簽署、身分及住址



When registered

登記日期



Signature of Registrar

登記官簽署



(Amended 8 of 2006 s. 39)
FORM 2 [No. 2 Register (1934)]


REGISTER BOOK OF DEATHS

死亡登記冊


, , Deaths in the district of , Hong Kong.

年 月 日,香港 區死亡登記。





Cap 176 - DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE 9

Registration No.

登記編號



When and where died

死亡日期及地點



Surname and name

姓名



Sex

性別



Age

年齡



Rank,profession, or

occupation and nationality,

so far as is known

所知的職位或職業及國籍



Cause of death

死因



Signature,description and

residence of informant

申報人簽署、身分及住址



When registered

登記日期



Consent and signature

of Registrar

登記官同意及簽署

Consent given 同意

A.B.

Registrar. 登記官


(Amended 8 of 2006 s. 39)

(Third Schedule replaced L.N. 500 of 1995)

Schedule: 4 L.N. 91 of 2007 27/08/2007




[section 9]


PART I


FEES


The following fees shall be paid in connection with searches, corrections of errors and certified copies of entries
in the registers- (Amended 8 of 2006 s. 40)


Item Particular Fee

$
1. A search either in indexes or in the registers for any given entry over a period

not exceeding 5 years, i.e. a particular
search ....................................................................................




140
2. A search either in indexes or in the registers for information other than that

concerning any given entry, i.e. a general
search ........................................................................




680



Cap 176 - DEATHS REGISTRATION (SPECIAL REGISTERS) ORDINANCE 10

3. A correction of an error in any register .................................... 425
4. A certified copy of an entry in any of the registers ............

but
140

if posted to an addressee outside Hong Kong ............................
and

275

if required to be sent by airmail ................................................


an additional amount
equal to the airmail
postage at the normal rate.

(Replaced L.N. 79 of 1991. Amended L.N. 208 of 1993; L.N. 342 of 1994; L.N. 206 of 1995; L.N. 232 of 1996;
L.N. 436 of 1997; 8 of 2006 s. 40)




PART II [section 12]


FORM 1


DECLARATION FOR CORRECTION OF ERROR IN
SPECIAL REGISTER OF DEATHS


We, A.B. of.................................................................................................... and C.D.

of ..................................................................................................................... solemnly and sincerely declare that when
the death of E. F. was registered on the ........................... day of ....................................................., the following errors
of fact or substance occurred in the register, viz., (here set forth the error or errors).


And we further solemnly and sincerely declare that the true facts of the case are as follows-(here set forth the
true facts).




And we make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths
and Declarations Ordinance (Cap 11).


(Signed) A.B.
C.D.


Declared at ..................................................................................................... in Hong Kong this ........................ day
of ..................................

Before me,


(Signed)


Registrar
(Replaced L.N. 216 of 1974. Amended L.N. 499 of 1994; 8 of 2006 s. 40)

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