No matter a marriage is to take place at a Marriage Registry or in a licensed place of public worship, a written Notice of Marriage on the prescribed form must be given in advance at a Marriage Registry in Hong Kong.
There are no residential requirements and the marrying parties may be of any nationality.
However, a party to a marriage must not be under 16 years of age (Gregorian reckoning).
How to file in 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 with their Hong Kong identity cards or travel documents or some other identifying documents.
At the time the notice is given, the following personal particulars of the parties must be provided :
full names;
marital status (i.e. whether bachelor/spinster; widower/widow; a divorced person; or previously married by any form of marriage);
rank or profession;
age;
dwelling places;
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 them 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 writting 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.
After a Notice of Marriage is given, the marriage must take place within a period of three months, otherwise the notice becomes void and fresh notice must be given before the marriage can take place.
Appointments for marriage ceremonies are given on a first-come-first-served basis to ensure that every member of the public will have a fair chance to choose a desired day for marriage.
Each marrying couple can make only one appointment for giving a Notice of Marriage through either the Internet under the Electronic Service Delivery Scheme or by telephone through the Interactive Voice Response System within 14 days before the 3-month notice giving period from the date of marriage.
The ceremony
The bride and bridegroom should attend 15 minutes before the time previously arranged with the Registrar, bringing two responsible adult persons to act and sign as 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.
