Saturday 6 December 2008

Marriage in Hong Kong

Marriage in Hong Kong


The Hong Kong Marriage Ordinance (Chapter 181) governs marriages contracted in Hong Kong and United States citizens wishing to marry here must comply with the provisions of this law. There are no residency requirements for persons wishing to marry in Hong Kong.

At least seventeen days before the marriage is to take place , one of the parties to the proposed marriage should appear personally before the Hong Kong Marriage Registration Office to file a Notice of Marriage. The Marriage Registration Office is located at 3/F, Queensway Government Offices, Low Block, Hong Kong (tel: 2867-2787). The person filing the Notice of Marriage must produce his/her passport and a xerox copy of the vital statistics pages of his/her fiance(e)'s identity documents. The Notice is valid for three months after its receipt by the Registrar. After three months, the Notice becomes void and fresh notice must be given. The Registration Office charges HK$305 (about U.S. $40) to process a Notice of Marriage application.

After the Notice is filed, 15 "clear" days (17 days including Sundays) must elapse when persons so authorized by law may file a written objection to the proposed marriage with the Registrar of Marriages. If no objection is received by the end of this period, the marriage may take place.

Children under age 16 may not marry in Hong Kong. Minors (16-21) need the written consent of their father (or mother if their father is deceased or
incompetent) or legal guardian. Divorced or widowed persons should produce documentary evidence of their status. Divorced persons must fill out a supplementary form when filing the Notice of Marriage. They are also required to show a certified copy of the Court's final divorce decree sometime before the marriage takes place. Armed forces personnel must have written permission to marry from the senior overseas area commander of their particular branch of service. In these cases, registration of marriage may take up to 6 weeks.

In the event that neither party to the marriage is able to appear personally to file the Notice of Marriage, the necessary forms including the supplementary form required of divorced persons, can be obtained by writing the Registrar of Marriages. These forms must be executed before a Notary Public and returned to the Registry by registered air mail along with a fee of HK$305 (which can be a bank draft made payable to the Hong Kong Government). The marriage can take place no earlier than seventeen days after the Registrar has received the completed forms. After their arrival in Hong Kong, the two parties to the marriage must appear in person before the Registrar and show their identification documents.

Two witnesses are required at the marriage ceremony. Personnel of the American Consulate General in Hong Kong cannot witness marriages. The actual ceremony can take place either at a Marriage Registry Office or in a licensed church. It is not necessary to have both a church and Registry wedding. At the time the Notice of Marriage is filed, a date can be arranged for a Registry wedding. On local holidays it may be difficult to secure and appointment to marry at City Hall but it is usually possible to arrange for marriage ceremonies at other Registry offices, particularly in the outlying areas.

At the time of the ceremony, an additional HK$715 (about U.S. $93) on weekdays and HK$1,935 (about U.S.$251)on Sundays and Saturdays is charged for the marriage certificate. Extra copies can be obtained for nominal fee.

For additional information, interested persons can write directly to the Hong Kong Marriage Registration Office, at 3/F, Queensway Government Offices, Low Block, Hong Kong (tel: 2867-2787). Offices of the Hong Kong Marriage Registry are listed below.

How to Get Married in Hong Kong

Residency Requirements: none

Waiting Period: Fifteen days, during which the notice will be exhibited at the Marriage Registry and also at the Marriage Registration & Records. During this period, anyone who wishes to object to the proposed marriage may do so.
If neither you nor your fiancée are a resident of Hong Kong, you will need to give Overseas Notice by obtaining a "Notice of Marriage Form" from the Marriage Registration and Records Office. You will then need to have it notarized by a Notary Public of the country in which you reside, and returned to Hong Kong by registered airmail.

To complete the Notice of Marriage Form, you will both need to supply the following information:

Full name
Marital status
Rank or profession
Age
Dwelling places

In the case of a divorced person, proof of the dissolution of the former marriage by decree pronounced by a competent court is required; and before the marriage takes place, a sealed, certified copy of the court's final decree must be produced to the Registrar.

In the case of a widower or a widow, proof of former marriage and death certificate of former spouse are required.

Please note: If the divorce documents or death certificates are not written in English or Chinese, certified translations of them are required.

Appointments for marriage ceremonies are given on a first-come-first-served basis, and a request can be made when you return the completed Notice of Marriage.

A reply letter will be sent to you to confirm the appointment for marriage ceremony.

You should plan to arrive at the wedding ceremony at least 15 minutes before the scheduled time.

You will need to bring two adult witnesses to the ceremony.


Marriage registration

Notice of marriage

* A marriage can take place at a marriage registry by a registrar; or in a licensed place of public worship by a competent minister or at any other place in Hong Kong by a civil celebrant of marriages. A written notice of marriage on the prescribed form must be given in advance either directly at a marriage registry or through a civil celebrant of marriages in Hong Kong.
* There are no residential requirements on the marrying parties.
* The minimum legal age for getting married is 16 years of age (Gregorian reckoning).

How to give a notice of marriage

* The notice, except for an overseas notice, is given by one or both of the parties to the proposed marriage at the marriage registry or through the civil celebrant of marriages with their Hong Kong identity cards or travel documents.
* It is not necessary to fill in any application form at the time the notice is given by the marrying parties. However, to facilitate the printing of the notice, the following personal particulars of the parties must be provided:-
* name and surname;
* marital condition (i.e. whether bachelor/spinster; widower/widow; a divorced person; or previously married by any form of marriage);
* occupation;
* age;
* residential address;
* the full name of parents of each of the parties and,
* in the case of a party under the age of 21 - the name and address of the person consenting to the marriage, and also the capacity of this person (i.e. the relevant person or persons specified in the Third Schedule to the Marriage Ordinance). Proof of relationship with the relevant person(s) is required.

Special requirements

Minors

* If either party is under the age of 21 but above the age of 16 and not a widower or a widow, the consent in writing of the relevant person or persons specified in the Third Schedule to the Marriage Ordinance must be produced to the Registrar of Marriages.
* If there is no such person capable of consenting, the party may apply to a District Judge for such consent.

Divorced person/widower or widow

* In the case of a divorced person, proof of the dissolution of the former marriage by decree pronounced by a competent court is required; and before the marriage takes place, a sealed certified copy of the court's final decree must be produced to the Registrar.
* In the case of a widower or a widow, proof of former marriage and death certificate of former spouse are required.
* If the divorce documents or death certificates are not written in English or Chinese, certified translations of such are required.

Exhibition of notice of marriage & arrangement of the ceremony

* The notice will be exhibited at the marriage registry where it is given and also at the Marriage Registration & Records Office for at least 15 clear days.
* During this period any person who is authorised by law to object to the proposed marriage may do so by writing the word "Forbidden" on the copy of the notice produced by the Registrar for inspection, and by signing his name and the character in which he objects to the proposed marriage.
* If the Registrar of Marriages considers that the person is not in fact authorised by law to object, he may allow the marriage to proceed.
* If, however, he considers that the objection is valid, either of the parties may appeal against his decision by petition to the Court of First Instance to determine the matter. The decision of the Court of First Instance is final.
* If no objection is received after the period of 15 clear days, the marriage may take place.
* The exact date and time for the celebration of the proposed marriage should be fixed in advance in consultation with the Registrar in charge of the marriage registry where the marriage is to take place or with the officiating minister if the marriage is to take place in a licensed place of public worship or with the civil celebrant of marriages who will celebrate the marriage.
* After a notice of marriage is given, the marriage must take place within three months, otherwise the notice becomes void and fresh notice must be given before the marriage can take place.
* Each marrying couple can make only one appointment for giving of notice of intended marriage through either the Internet (website: www.gov.hk/marriagebooking) or the Interactive Voice Response System (telephone: 3102 3883).
* Appointments are given on a first-come-first-served basis to ensure that every person has a fair chance to be served.

The ceremony at marriage registries

* The bride and bridegroom should attend 15 minutes before the time previously arranged with the Registrar, bringing two witnesses.
* Relatives and friends may be invited to be present at the marriage ceremony.
* At the ceremony, rings may be exchanged between the parties if they wish.
* The bride and bridegroom and witnesses will sign the marriage certificate in duplicate and the Registrar will give one certificate to them and file the other in the registry.

Post-registration of marriage

* Both parties to a customary or validated marriage celebrated in Hong Kong before 7 October 1971 may apply for post-registration of the marriage. Where the other party of the marriage disputes in the application or his/her whereabouts is unknown, the applicant may apply for post-registration of marriage alone by producing a Court Order declaring that a customary or validated marriage subsists.
* Applicants are required to produce evidence indicative of their customary or validated marriage celebrated in Hong Kong before 7 October 1971. Two witnesses of the marriage are required to give statutory declarations to confirm their presence during the wedding ceremony.

Fees

Fees are payable under the Marriage Ordinance and Marriage Reform Ordinance.


Overseas Notice


Who may give overseas notice

* If both parties to a proposed marriage are living abroad and intend to have their marriage contracted in Hong Kong.

How to give overseas notice

* They should write direct to the Hong Kong Marriage Registration & Records Office for a copy of notice of marriage form for completion.
* The completed form should be returned to the office by registered airmail as soon as possible.
* The parties' signatures on the form should be authenticated by a Notary Public of the country where they reside.
* Payment of the prescribed fee should be made by bank draft payable to 'The Government of the Hong Kong Special Administrative Region' which should be posted together with the completed notice of marriage.
* Request for appointment for marriage ceremony can be made by letter posted together with the completed notice of marriage.
* The notice of marriage takes effect from the date following the date of its receipt by Marriage Registration and Records Office.
* Reply letter would be sent to the parties to confirm the appointment for marriage ceremony.


source : all about Hongkong

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