PART III.
Customary and modern marriages.
Customary marriage. 7. (1) For the purposes of this Ordinance, a marriage shall constitute a customary marriage if it was or is celebrated in Hong Kong before the appointed day in accordance with Chinese law and custom.
(2) A marriage shall be deemed to accord with Chinese law and custom if it was celebrated or is celebrated before the appointed day in Hong Kong in accordance with the traditional Chinese customs accepted at the time of the marriage as appropriate for the celebration of marriage either—
- (a) in the part of Hong Kong where the marriage took place; or
- (b) in the place recognized by the family of either party to the marriage as their family place of origin.
(3) A customary marriage of persons who are subject to Chinese law and custom is hereby declared to be a valid marriage.
Validation of modern marriage. 8. Subject to section 14, every marriage celebrated in Hong Kong before the appointed day as a modern marriage by a man and a woman each of whom, at the time of the marriage, was not less than sixteen years of age and was not married to any other person shall be a valid marriage, and shall be deemed to have been valid since the time of celebration, notwithstanding—
- (a) that the proper personal law and religion of the parties, or one of them, was Chinese law and custom, and the marriage was prohibited by or failed to comply with the requirements of Chinese law and custom; or
- (b) that the marriage was not under and in accordance with the (Cap. 181.)Marriage Ordinance.
PART IV.
Post-registration of customary marriages and validated marriages.
Registration of customary marriages and validated marriages. 9. (1) The Registrar shall maintain separate registers for the registration of customary marriages and validated marriages.
(2) The parties to a customary marriage or a validated marriage celebrated in Hong Kong before the appointed day may apply