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| 中国香港婚姻法的不同(英文版) |
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| 日期：2004-03-03 新闻来源：本站 作者：:贾明军 编辑： 新闻阅读次数： |
lawyer Jia mingjun
Follow the more and more cases of marriage come down to Hongkong law, it is more important to understand and master the Hongkong law. So it is meaningful to research the same and difference between the marriage law of Hongkong and China inland’s. As a marriage lawyer, specially, master the Hongkong 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. Hongkong marriage law undergos 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 Hongkong law
a. Qualification term The Hongkong 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 shoud 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 Hongkong ’s and is not must be agreed by others , advocating marriage freedom, legality marriage is not be intervened. Forbiding 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 Hongkong law
The void marriage in Hongkong 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 Hongkong, 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 Hongkong 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 Hongkong 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 inland’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.
B. Residents from the Hong Kong region are required to have:
a. Hong Kong resident ID card, the pass of Hongkong resident for entering and exiting PRC.
b. Marital certificate issued by HK Marriage Registration Office, checked by the lawyer who has registered in the HK Special Administration Government, or certificate of non-spouse in all other places proved by the lawyer.
The staff or members in HK branches of the HK Labor Union, HK Chinese General Chamber of Commerce and HK Education Union, need not to submit the certificate mentioned in the second item above with the Marital Certificate issued by their work place or union.
c. A certificate of profession or reliable income
d. Health Certificate from the hospital designated by the Marriage Registration Office.
(Remarks: The above documents are valid 3 month from the day of issuance)
The applicants need to submit 3 2-inch photographs, which show the couple together, the photographs should be half-length and bareheaded.
A divorcee must have a divorce certificate and the widowed must have a death certificate of the ex-spouse.
When settling down in HK, a Mainland resident that is over the legal age shall submit the Martial Certificate granted by the city where that person has residency.
The Procedures for Divorce Registration
A. Application
The applicants must file an application with the Marriage Administration Office of the Chinese civil Affairs Bureau with the valid proofs and certificates
B. Divorce Mediation
The Marriage Registration Administrative Office shall examine the parties application for divorce and where the conditions for divorce are met, register the divorce, and inform applicants to get the Divorce Certificate within one month after the 15 days of examination that takes place upon the receipt of the application.
C. Registration
Approve the divorce registration in the event that mediation .fails.
The following documents are necessary for filing divorce:
A. Valid documents are required to provide
a. Domestic citizen: Resident identity cards; Permanent Residence Booklet;
reference letters from their work place, residents’ committee or village(town) committee
b. esident of the Hong Kong, Macao region: Resident ID card, the pass of Hongkong and Macao resident for entering and exiting PRC.
c. Resident of Taiwan region: Mainland visa for Taiwan residents and other valid travel documents, valid Taiwan resident ID card and emigration and immigration certificates.
d. Overseas Chinese: Passport issued by the Chinese Embassy or Consulate General there.
B. The divorce agreement
The divorce agreement shall clearly state the desire of both parties for a divorce, the custody of any children , financial assistance if one party has financial difficulties, the disposal of property and debts, and other relevant matters.
C. The marriage certificate.
The court of Hongkong dos not admit the adjudge of China inland’s court and the court of China inland does not admit the adjudge of Hongkong’s court. So there are many problems in the practice. Correspondingly, transacting divorce procedure in China inland is more easy than that of Hongkong. It is very important to make a proper divorce procedure and strategy to the privy C, mastering two law systems.
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