Section 5
Section 5
(1)
The Registrar shall not register any marriage until he is satisfied that the ceremonies required by established Chinese law or custom have been duly performed and that the marriage is valid according to such law and custom and that neither of the parties is precluded by his or her personal law from contracting a marriage in such form.
Chinese Marriage
B.L.R.O. 1/2012 5
(2)
Except as provided by subsections (3), (4) and (5), the Registrar shall not register a marriage unless both parties are present and consent to the registration.
(3)
If one of the parties is unable to be present at the registration, the
Registrar may, if he is satisfied that such party is absent for a good and sufficient reason, refer the matter to a magistrate and such magistrate may, if he thinks fit and on proof that the absent party consents, order that such marriage be registered.
(4)
If one of the parties refuses or withholds his consent, the
Registrar shall not register the marriage but shall refer the matter to a magistrate.
(5)
Such magistrate shall summon before him the party who refuses or withholds his consent to the registration and may, if he is satisfied that the marriage is valid, order that it shall be registered.
(6)
When a magistrate orders the registration of a marriage under subsection (4) or (5), he shall indorse the certificate under his hand and seal with the words “Registration approved”.
(7)
When a marriage has been registered, it shall be presumed to be a valid marriage until it is proved to be invalid.
(8)
A party to a marriage, or any person interested, may appeal to a magistrate against a decision of a Registrar.
Female shall be over 15 years of age.