Cap 181 - MARRIAGE ORDINANCE 1
Chapter: 181 MARRIAGE ORDINANCE Gazette Number Version Date
Long title 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))
Part: 1 PRELIMINARY* L.N. 10 of 2006 13/03/2006
____________________________________________________________________
Note:
* (Added 23 of 2005 s. 29)
Section: 1 Short title L.N. 10 of 2006 13/03/2006
This Ordinance may be cited as the Marriage Ordinance.
(Amended 5 of 1924 s. 6)
Section: 2 Interpretation L.N. 91 of 2007 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)
Cap 181 - MARRIAGE ORDINANCE 2
Section: 2A Certain notices are not subsidiary legislation L.N. 10 of 2006 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)
Part: 2 AUTHORITIES FOR CELEBRATION OF MARRIAGE* L.N. 10 of 2006 13/03/2006
__________________________________________________________________
Note:
* (Added 23 of 2005 s. 31)
Section: 3 Registrar of Marriages and deputy registrars L.N. 10 of 2006 13/03/2006
(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)
Section: 4 Licensing of places of worship L.N. 10 of 2006 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)
Section: 5 Notification of licence L.N. 10 of 2006 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)
Part: 3 CIVIL CELEBRANTS OF MARRIAGES L.N. 10 of 2006 13/03/2006
(Part 3 added 23 of 2005 s. 5)
Section: 5A Appointment of civil celebrant and renewal of
appointment
L.N. 10 of 2006 13/03/2006
(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;
Cap 181 - MARRIAGE ORDINANCE 3
(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.
Section: 5B Application for appointment as civil celebrant or renewal
of appointment
L.N. 10 of 2006 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.
Section: 5C Code of practice for civil celebrants L.N. 10 of 2006 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.
Section: 5D Cancellation of appointment of civil celebrant L.N. 10 of 2006 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
Cap 181 - MARRIAGE ORDINANCE 4
(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.
Section: 5E Suspension of appointment L.N. 10 of 2006 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
Cap 181 - MARRIAGE ORDINANCE 5
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.
Section: 5F Marriage not affected by defect in civil celebrant's
appointment
L.N. 10 of 2006 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.
Section: 5G Return documents to Registrar in case of cancellation or
suspension
L.N. 10 of 2006 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.
Cap 181 - MARRIAGE ORDINANCE 6
Section: 5H Civil celebrant shall provide information L.N. 10 of 2006 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.
Section: 5I Manner of giving notice L.N. 10 of 2006 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: 4 APPEALS RELATING TO APPOINTMENT OF CIVIL
CELEBRANTS
L.N. 10 of 2006 13/03/2006
(Part 4 added 23 of 2005 s. 5)
Section: 5J Civil Celebrant of Marriages Appointment Appeal Board L.N. 10 of 2006 13/03/2006
(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.
Section: 5K Registrar's decisions subject to appeal L.N. 10 of 2006 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.
Section: 5L Decisions of Appeal Board L.N. 10 of 2006 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
Cap 181 - MARRIAGE ORDINANCE 7
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).
Section: 5M Decision of Appeal Board is final L.N. 10 of 2006 13/03/2006
The decision of the Appeal Board on an appeal shall be final.
Part: 5 REQUIREMENTS RELATING TO PRE-
CELEBRATION PROCEDURES*
L.N. 10 of 2006 13/03/2006
____________________________________________________________________
Note:
* (Added 23 of 2005 s. 34)
Section: 6 Giving of notice of intended marriage L.N. 10 of 2006 13/03/2006
(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)
Section: 6A Provisions applicable where notice of intended marriage is
given through civil celebrant
L.N. 10 of 2006 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)
Section: 7 Filing, exhibition and inspection of notice of intended
marriage
L.N. 91 of 2007 27/08/2007
(1) The Registrar shall file every notice of intended marriage given to him in his office. (Amended 14 of 1926
Cap 181 - MARRIAGE ORDINANCE 8
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)
Section: 8 Supply of forms L.N. 10 of 2006 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)
Section: 9 Issue of certificate of the Registrar L.N. 10 of 2006 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)
Section: 10 Notice of intended marriage void unless marriage within 3
months
L.N. 10 of 2006 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)
Cap 181 - MARRIAGE ORDINANCE 9
Section: 11 Grant of special licence L.N. 10 of 2006 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)
Section: 12 Affidavit prior to issue of certificate of the Registrar or
grant of special licence
L.N. 10 of 2006 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)
Section: 13 No licence or certificate if either party under 16 L.N. 10 of 2006 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)
Section: 14 Production of written consent L.N. 10 of 2006 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)
Section: 15 (Repealed 80 of 1997 s. 29) 30/06/1997
Section: 16 Right to forbid issue of certificate of the Registrar L.N. 10 of 2006 13/03/2006
(1) Any person whose consent to an intended marriage is required under section 14 may, before the issue of a
Cap 181 - MARRIAGE ORDINANCE 10
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)
Section: 17 Registrar may inquire into right to forbid L.N. 10 of 2006 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)
Section: 18 Appeal against decision of Registrar L.N. 10 of 2006 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)
Section: 18A District Judge may give consent L.N. 10 of 2006 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
Cap 181 - MARRIAGE ORDINANCE 11
(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)
Part: 6 CELEBRATION OF MARRIAGE, CERTIFICATE OF
MARRIAGE AND VALIDITY OF MARRIAGE*
L.N. 10 of 2006 13/03/2006
___________________________________________________________________
Note:
* (Added 23 of 2005 s. 46)
Section: 19 Celebration of marriage in licensed place of worship L.N. 10 of 2006 13/03/2006
(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)
Section: 20 Certificates of marriage for marriage celebrated in
licensed place of worship
L.N. 10 of 2006 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)
Section: 20A Certificates of marriage to be supplied to civil celebrant L.N. 10 of 2006 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)
Section: 21 Marriage before Registrar or civil celebrant L.N. 10 of 2006 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
Cap 181 - MARRIAGE ORDINANCE 12
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,
Cap 181 - MARRIAGE ORDINANCE 13
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)
Cap 181 - MARRIAGE ORDINANCE 14
Section: 22 Marriage by special licence at other place L.N. 10 of 2006 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)
Section: 23 Registration of certificates of marriage L.N. 91 of 2007 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)
Section: 24 Effect of certificate of marriage or certified copy thereof L.N. 91 of 2007 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)
Section: 25 Correction of error in certificate of marriage 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)
Section: 26 Searches may be made, and certified copies granted 5 of 1999 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)
Section: 27 Invalid marriages L.N. 10 of 2006 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;
Cap 181 - MARRIAGE ORDINANCE 15
(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.
Section: 28 Validity of marriages 30/06/1997
All marriages celebrated under this Ordinance shall be good and valid in law to all intents and purposes.
Part: 7 OFFENCES AND PENALTY* L.N. 10 of 2006 13/03/2006
_____________________________________________________________________
Note:
* (Added 23 of 2005 s. 50)
Section: 29 Marrying, etc., person under 21 without required consent L.N. 10 of 2006 13/03/2006
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)
Section: 30 Offences by minister or civil celebrant L.N. 10 of 2006 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)
Section: 31 Offences for failure to transmit certificate, etc. L.N. 10 of 2006 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),
Cap 181 - MARRIAGE ORDINANCE 16
shall be guilty of an offence and shall be liable to a fine at level 1.
(Replaced 23 of 2005 s. 15)
Section: 31A Offences by civil celebrant L.N. 10 of 2006 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)
Section: 32 Offence of tampering with records L.N. 91 of 2007 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)
Section: 33 Penalty on unauthorized person celebrating marriage L.N. 10 of 2006 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)
Section: 33A Offence for providing false information in relation to
appointment of civil celebrants
L.N. 10 of 2006 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)
Section: 33B Offence of falsely holding out as civil celebrant L.N. 10 of 2006 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)
Cap 181 - MARRIAGE ORDINANCE 17
Section: 34 Fines 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)
Section: 34A Time limit for prosecution L.N. 10 of 2006 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)
Part: 8 MISCELLANEOUS* L.N. 10 of 2006 13/03/2006
_____________________________________________________________________
Note:
* (Added 23 of 2005 s. 55)
Section: 35 Use of forms L.N. 10 of 2006 13/03/2006
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)
Section: 36 Fees L.N. 10 of 2006 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)
Section: 37 Reduction or remission of fees 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)
Section: 38 Marriage under this Ordinance of persons customarily
married
L.N. 10 of 2006 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)
Section: 39 Cases in which marriage of a dying person may be
celebrated, and conditions of its celebration
L.N. 10 of 2006 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-
Cap 181 - MARRIAGE ORDINANCE 18
(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)
Section: 40 Marriages under this Ordinance are Christian or
equivalent thereto
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)
Section: 41 (Repealed 28 of 1998 s. 2) 28 of 1998 01/07/1997
Remarks:
Adaptation amendments retroactively made - see 28 of 1998 s. 2(1)
Section: 42 Regulations L.N. 10 of 2006 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),
Cap 181 - MARRIAGE ORDINANCE 19
(f) or (g); and
(i) generally for the better carrying out of this Ordinance.
(Replaced 23 of 2005 s. 19)
Section: 42A Amendment of Schedules L.N. 10 of 2006 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)
Section: 43 Disposal of documents and microfilms when recorded in
form of digital image
L.N. 91 of 2007 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)
Section: 44 Registrar may provide information relating to civil
celebrant, etc. to professional bodies
L.N. 10 of 2006 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)
Section: 45 Saving L.N. 10 of 2006 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)
Schedule: 1 FORMS L.N. 10 of 2006 13/03/2006
[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
Cap 181 - MARRIAGE ORDINANCE 20
(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)
Cap 181 - MARRIAGE ORDINANCE 21
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
Cap 181 - MARRIAGE ORDINANCE 22
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)
Cap 181 - MARRIAGE ORDINANCE 23
* 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
Cap 181 - MARRIAGE ORDINANCE 24
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
bridegroom)
(新郎簽署)
and
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)_
(Name of the
first witness)
(第一見證人姓名)
and
及
(Signature of the
second witness)
_(第二見證人簽署)_
(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)
Cap 181 - MARRIAGE ORDINANCE 25
(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
Cap 181 - MARRIAGE ORDINANCE 26
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
bridegroom)
(新郎簽署)
and
與
(Signature of
bride)
(新娘簽署)
*The
marriage
was
solemnized
between us
結婚雙方
(Signature and name
of one party)
(一方的簽署及姓名)
and
與
(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)_
(Name of the
first witness)
(第一見證人姓名)
and
及
(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
Cap 181 - MARRIAGE ORDINANCE 27
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 (Signature of bridegroom) and (Signature of bride)
Cap 181 - MARRIAGE ORDINANCE 28
solemnized
between us
結婚雙方
(新郎簽署) 與 (新娘簽署)
in the presence of us
證婚人
(Signature of the first witness)
____(第一見證人簽署)____
(Name of the first witness)
(第一見證人姓名)
and
及
(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)
Schedule: 2 Fees L.N. 146 of 2014 09/02/2015
[sections 2 & 36]
(Amended 23 of 2005 s. 23)
Item Particular Fee
$
1. Filing and exhibition of notice of intended marriage (Amended 23
of 2005 s. 62) .....................................
305
2. Certificate of the Registrar when issued under the proviso to section
9(1) (Amended 23 of 2005 s. 62) .....................
3010
3. Search under section 26-
(a) made during any number of successive hours not exceeding 6,
without the object of the search being
specified ................................................................
680
(b) for a specified entry whether the search is made by the applicant
or by the Registrar on his behalf ........
140
4. Certified copy of any entry given under section
26 ..............................................................................
280
and
in addition where the application is by post from outside Hong
Kong ...............................................................
70 together with, where the applicant
requests the copy to be sent by airmail,
a sum equivalent to the airmail
postage at the normal rate.
Note: A search fee is also payable unless the copy is being given at
the same time as the original is issued or made. Where 2 or
more copies of the same entry are applied for at the same time
only one search fee is payable.
5. Certificate under section 26 of absence of any
record .....................................................................
and
680
in addition where the application is by post from outside Hong
Kong ......................................................................
70 together with, where the applicant
requests the copy to be sent by
airmail, a sum equivalent to the
airmail postage at the normal rate.
Cap 181 - MARRIAGE ORDINANCE 29
Note: A search fee is also payable.
6. Special licence under section 11 .................................. 10785
7. Marriage at the office of the Registrar-
(a) during normal office hours ..................................... 715
(b) outside normal office hours ..................................... 1935
8. Celebration by the Registrar, elsewhere than in his office, of
marriage by special licence or of a dying
person .....................................................................................
5015
9. Celebration by the Registrar under paragraph (b) of the proviso to
section 21(3), per marriage (Amended 23 of 2005 s.
62) ..................................................................
and
2380
in addition (to be paid proportionately by the parties being
married) ..........................................................................
3610 or 475 per marriage, whichever
is the greater.
10. Processing application for appointment as civil celebrant or
for renewal of such appointment (Added 23 of 2005 s.
23) ......................................................................
715
11. Appointment as civil celebrant (Added 23 of 2005 s.
23) ...............................................................................
405
12. Renewal of appointment as civil celebrant (Added 23 of
2005 s. 23) ...............................................................
405
(Replaced L.N. 72 of 1991. Amended L.N. 210 of 1993; L.N. 343 of 1994; L.N. 207 of 1995; L.N. 230 of
1996; 80 of 1997 s. 35; L.N. 437 of 1997; 23 of 2005 s. 62; L.N. 146 of 2014)
Schedule: 3 CONSENT REQUIRED TO THE MARRIAGE OF A
PARTY OF OR OVER 16 AND UNDER 21 YEARS OF
AGE
L.N. 10 of 2006 13/03/2006
[sections 14, 18A & 42A]
(Amended 23 of 2005 s. 24)
In this Schedule-
"guardian" (監護人) has the same meaning as in section 18A(3);
"illegitimate person" (非婚生人士) means a person who was born illegitimate and has not been legitimated under the
Legitimacy Ordinance (Cap 184) nor recognized as legitimated by or under any law.
PART I
WHERE THE PARTY IS A LEGITIMATE PERSON
Circumstances
Person or persons
whose consent is required
1. Where both parents are alive-
(a) if the marriage of the
parents is subsisting
(b) if the parents are
divorced or separated
by order of any court or
Subject to paragraphs (b), (c) and (d), either parent.
Subject to paragraph (c)-
(1) the parent to whose custody the party is committed by order of the court or
by agreement; or
Cap 181 - MARRIAGE ORDINANCE 30
by agreement
(c) if both parents have
been deprived of
custody of the party by
order of any court
(d) if neither of the parents
can be traced
(2) both parents, if they jointly have custody of the party by order of the court
or by agreement; or
(3) in any other cases and subject to paragraph (d), either parent.
The guardian.
The guardian.
2. Where both parents of the
party are dead
The guardian.
3. Where a parent of the party is
dead
(1) The other parent and any guardian having custody of the party jointly with
such other parent; or
(2) the other parent or the guardian, whoever is the sole guardian of the party;
or
(3) the other parent, if the appointment of such guardian ceases.
PART II
WHERE THE PARTY IS AN ILLEGITIMATE PERSON
Circumstances
Person or persons
whose consent is required
1. If the mother of the party is
alive
(1) The mother; or
(2) if she has by order of any court been deprived of the custody of the party,
the guardian.
2. If the mother of the party is
dead
The guardian.
(Added 80 of 1997 s. 36)
Schedule: 4 ELIGIBILITY CRITERIA FOR CIVIL CELEBRANTS L.N. 10 of 2006 13/03/2006
[sections 5A, 5B, 5D,
5E, 5H & 42A]
1. Being-
(a) a solicitor-
(i) holding a current practising certificate issued under section 6 of the Legal Practitioners Ordinance
(Cap 159) which is unconditional save as to the condition of compliance with the Continuing
Professional Development Rules (Cap 159 sub. leg. W) and the Legal Practitioners (Risk Management
Education) Rules (Cap 159 sub. leg. Z); and
(ii) holding a certificate issued by The Law Society of Hong Kong-
(A) certifying that he has practised as a solicitor; or
(B) upon a statutory declaration by him in such form as the Council of The Law Society of Hong
Kong may determine certifying that he has been employed while his name is on the roll of
solicitors within the meaning of the Legal Practitioners Ordinance (Cap 159) to provide legal
service to the employer,
for a period or periods in aggregate of not less than 7 years; or
(b) a notary public-
(i) who holds a current practising certificate issued under section 40E of the Legal Practitioners
Cap 181 - MARRIAGE ORDINANCE 31
Ordinance (Cap 159) which is unconditional; or
(ii) who is qualified to practise as a notary public under subsection (1) of section 40D of the Legal
Practitioners Ordinance (Cap 159) by virtue of subsection (2) of that section.
2. Has not been-
(a) the subject of a valid order made under section 10(2) of the Legal Practitioners Ordinance (Cap 159) by a
Solicitors Disciplinary Tribunal constituted under section 9B of that Ordinance;
(b) removed from or struck off the register of notaries public before 30 June 2005 under section 42 of the Legal
Practitioners Ordinance (Cap 159) as then in force;
(c) suspended from practice as a notary public before 30 June 2005 under section 42 of the Legal Practitioners
Ordinance (Cap 159) as then in force; or
(d) the subject of a valid order made under section 40J(2) of the Legal Practitioners Ordinance (Cap 159) by a
Notaries Public Disciplinary Tribunal constituted under section 40I of that Ordinance,
during the 3 years immediately preceding the date of the application for appointment as civil celebrant or renewal of
appointment as civil celebrant, as may be appropriate.
3. Having completed such training organized for the purposes of this Ordinance as the Registrar may specify.
(Schedule 4 added 23 of 2005 s. 25)
Schedule: 5 KINDRED AND AFFINITY L.N. 10 of 2006 13/03/2006
[section 27]
PART 1
1. In this Schedule-
"brother" (兄弟) includes a brother of the half blood;
"child" (兒童) means a person under the age of 18;
"child of the family" (家庭子女), in relation to any person, means a child who has lived in the same household as that
person and been treated by that person as a child of his family;
"sister" (姊妹) includes a sister of the half blood.
2. A marriage-
(a) solemnized between a man and any person specified in the first column of Part 2; or
(b) solemnized between a woman and any person specified in the second column of Part 2,
shall be null and void.
3. Subject to paragraph 4, a marriage-
(a) solemnized between a man and any person specified in the first column of Part 3; or
(b) solemnized between a woman and any person specified in the second column of Part 3,
shall be null and void.
4. A marriage referred to in paragraph 3 shall not be null and void by reason only of affinity if-
(a) both the parties to the marriage have attained the age of 21 at the time of the marriage; and
(b) the younger party has not at any time before attaining the age of 18 been a child of the family in relation to
the other party.
5. Subject to paragraph 6, a marriage-
(a) solemnized between a man and any person specified in the first column of Part 4; or
(b) solemnized between a woman and any person specified in the second column of Part 4,
shall be null and void.
6. A marriage referred to in paragraph 5 shall not be null and void by reason only of affinity if-
(a) both the parties to the marriage have attained the age of 21 at the time of the marriage; and
(b) the marriage is solemnized-
(i) in the case of a marriage between a man and the mother of a former wife of his, after the death of both
Cap 181 - MARRIAGE ORDINANCE 32
the former wife and the father of the former wife;
(ii) in the case of a marriage between a man and the former wife of his son, after the death of both his son
and the mother of his son;
(iii) in the case of a marriage between a woman and the father of a former husband of hers, after the death
of both the former husband and the mother of the former husband; or
(iv) in the case of a marriage between a woman and a former husband of her daughter, after the death of
both her daughter and the father of her daughter.
PART 2
PROHIBITED DEGREES OF RELATIONSHIP REFERRED TO IN
PARAGRAPH 2 OF PART 1
For men
For women
Mother Father
Adoptive mother or former adoptive mother Adoptive father or former adoptive father
Daughter Son
Adoptive daughter or former adoptive daughter Adoptive son or former adoptive son
Father's mother Father's father
Mother's mother Mother's father
Son's daughter Son's son
Daughter's daughter Daughter's son
Sister Brother
Father's sister Father's brother
Mother's sister Mother's brother
Brother's daughter Brother's son
Sister's daughter Sister's son
PART 3
DEGREES OF AFFINITY REFERRED TO IN
PARAGRAPHS 3 AND 4 OF PART 1
For men
For women
Daughter of former wife Son of former husband
Former wife of father Former husband of mother
Former wife of father's father Former husband of father's mother
Former wife of mother's father Former husband of mother's mother
Daughter of son of former wife Son of son of former husband
Daughter of daughter of former wife Son of daughter of former husband
PART 4
DEGREES OF AFFINITY REFERRED TO IN
PARAGRAPHS 5 AND 6 OF PART 1
For men
For women
Mother of former wife Father of former husband
Former wife of son Former husband of daughter
(Schedule 5 added 23 of 2005 s. 63)
Cap 181 - MARRIAGE ORDINANCE 33
