Jia mingjun,
lawyer\ Gan yanping, lawyer assistant
CO-EFFORT LAW FIRM
www.iamlawyer.com
日期:2004-3-3 20:03:24
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the more and more cases of marriage come down to Hong Kong law,
it is more important to understand and master the Hong Kong law.
So it is meaningful to research the same and difference between
the marriage law of Hong Kong and China island's. As a marriage
lawyer, specially, master the Hong Kong law is more important to
vindicate the legality right of privy C. The special history
background determines its early law roots in former marriage of
China and Britain law. Hong Kong marriage law undergoes several
emend and reform. The marriage law ends the mixture of China and
Britain, and establish a full suit of law system with remarkable
feature after reform.
The
same and difference of marriage conclusion essential
A.
the stated term of Hong Kong law
a. Qualification
term The Hong Kong
marriage law regulates registration , both male and female the
age must over 16. Over 16 but before 21,they must acquire the
agree of their parents or legality keeper and they are not
closed kinsfolk.
b. Registration
term The
marriage proposer should present the marriage requisition to the
registration officer and write “I will marry to another party
within three months after the date of declare.” When the
registration officer receive the apply, he will issue the
marriage proclaim at the place of privy C. If no one opposes
through 15days of proclaim, the will be given to registration.
B. the
stated term of China inland law
a.
Qualification term
The China inland law regulates, the male must over 22
years old and the female must over 20 years old. This is later
than Hong Kong 's and is not must be agreed by others ,
advocating marriage freedom, legality marriage is not be
intervened. Forbidding cachexia epidemical broken and,
specially, the illness taken is likely to contagion next and the
closed kinsfolk.
b. Registration
term The male
and female must go to the registry office by themselves or they
are not legality spouse. When they register, they are spouse.
The
same and difference of void marriage
A.
The conditions of void marriage in Hong Kong law
The
void marriage in Hong Kong law is refer to the marriage behavior
of privy C is not accord with the basic conditions of the law.
The marriage void from begin to end. In Hong Kong, void marriage
children ’s status is different with marriage children. The
essential conditions of void marriage:
a.
The both party of marriage conclusion is in the forbid of law.
In terms of Hong Kong law, any male must not marry to closed
kinsfolk, or is void marriage.
b. The
are not at legal age is void marriage. When they are wedding,
one is not over 16, this marriage relation continuance many
years but this marriage relation is also void from begin to end.
c. Not
according to the law to transact the registration procedure is
void marriage. Any one apply marry in Hong Kong must present the
marriage requisition to the registration officer and pledge that
this marriage has not any jural obstacle. Marriage must be
registered and wedding must be in the church which has license.
The people who preside the wedding must has formal
qualification.
B. The
conditions of void marriage in China island's law
a. Bigamy
b.
The closed kinsfolk which prohibit marriage
c. Who
take the ill cannot be marriage of the medical before marriage
and it is not be cured
after marriage.
d.
Who is not over the legal age.
Documents
for a Domestic Citizen and a Resident form the Hong Kong Region
A.Domestic
citizens are required to have:
a
.ID
Card
b
.Permanent
Residence Booklet
c.Marital
Status approved by their work place, neighborhood committee or
county (town) People’s
Government.
d.Health
Certificate from the hospital designated by the Marriage
Registration Office.
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