Marriage (Certificate of Absence of Marriage Record) Bill 1998




Amend the Marriage Reform Ordinance and the Marriage Ordinance.

Enacted by the Legislative Council.

1. Short title

This Ordinance may be cited as the Marriage (Certificate of Absence of Marriage Record) Ordinance 1998.

Marriage Reform Ordinance

2. Searches may be made and
certified copies granted

Section 13 of the Marriage Reform Ordinance (Cap. 178) is amended---

(a) by renumbering it as section 13(1);

(b) in subsection (1) by repealing "a marriage between certain named persons" and substituting "any marriage of the person named";

(c) by adding---

"(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 1998 (  of 1998) shall be deemed to have been issued as if that Ordinance had been in force at the time of its issue.".

Marriage Ordinance

3. Searches may be made, and
certified copies granted

Section 26 of the Marriage Ordinance (Cap. 181) is amended---

(a) by renumbering it as section 26(1);

(b) in subsection (1) by repealing "a marriage between certain persons" and substituting "any marriage of the person";

(c) by adding---

"(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 1998 (  of 1998) shall be deemed to have been issued as if that Ordinance had been in force at the time of its issue.".

Explanatory Memorandum

This Bill amends section 13 of the Marriage Reform Ordinance (Cap. 178) and section 26 of the Marriage Ordinance (Cap. 181) to put beyond doubt the validity of the practice of the Registrar of Marriages issuing certificates to the effect that there is no record of any marriage of a person named in the certificate.