To begin with, there are six kinds of marriages to be considered, all
with different premises. Two are classified as Chinese Modern Marriages;
those contracted in Hong Kong under Nationalist China laws, and those
contracted in China or any other place outside the colony under the
same Nationalist laws. Marriages contracted under Chinese custom as it
existed and was recognized in 1843 are Chinese Customary Marriages.
Marriages under the colony’s laws, Christian or otherwise, are called
Registry Marriages. There are also Reputed Marriages, which is the colony
designation for common-law marriages, and, finally, a group called
Foreign Marriages, which includes all those contracted outside the
colony under foreign laws, particularly those performed and registered
in Red China under its monogamous marriage law. Thus, the usually simple
question, “Are you married?” when fully answered in Hong Kong, may take a
considerable amount of the inquirer’s time.
Chinese Customary Marriages, still popular in the colony, are generally
recognized as valid, but there is no single definition which covers them.
There are any number of ancient prescriptions for them which contradict
one another, but they are alike in that they follow the accepted rites
and ceremonies of the families of the bride and groom. Chinese women
with a modern consciousness of their rights have no affection for such
unions, since they permit a husband to divorce his wife for any reason
and give her no right to leave him if she really feels inclined to do so.
Furthermore, and this is an equally sore point, it permits the husband
to take concubines, though the notion that a wife might adopt a similar
polygamy is quite inconceivable.
Chinese Modern Marriages in the colony far outnumber all other types—more
than 200,000, by an official estimate—although Registry Marriages have
recently gained in number. All that is required to make them valid is an
open ceremony witnessed by two persons. The Nationalist laws applicable
to such unions give the man no legal right to acquire a concubine,
despite the fact that some husbands in the colony find it convenient to
pretend they do. The “extra” girls are naturally flattered to be told
they are concubines (i.e., secondary wives with full domestic rights),
rather than mistresses with no legal or social standing.
In everyday relationships with the courts and the government, Chinese
Modern Marriages are recognized as respectable unions. None the less,
they have no legal validity when contracted in Hong Kong, for they
are neither entered at the Marriage Registry nor are they celebrated
according to “the personal law and religion of the parties,” as colony
laws require.
Public-domain text, read in full here on John Shaqi.
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