中国香港婚姻法的不同

Follow 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 HongKong 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.