Reputed Marriages are, in many respects, exactly like common-law
marriages in the United States: two people live together, sometimes have
children and are regarded by themselves and their friends as married,
unless they should grow weary of each other and part. In Hong Kong,
however, a concubine is sometimes added, making the institution look
something like a house of cards with an annex. Foreign Marriages, or
unions contracted abroad and according to the laws of the country where
the couple formerly lived, present few legal obstacles. If they were
married in Red China, and the marriage was registered there, the union
is monogamous; when the couple move to Hong Kong, their marriage has the
same standing as that of an American or European couple living in the
colony.
The complications arising from this matrimonial disparity have been the
subject of intensive study since World War II. In earlier days, the
marital customs of the Chinese community were of little interest to the
British. One did not associate with the Chinese unless it was required
for the purposes of political window-dressing. But the glacial snobbery
of old colonialism suffered a disrespectful mauling during World War
II from which it has never quite recovered. At that time the Chinese
penetrated all but the tightest circles of Hong Kong society, and
hundreds of British and Chinese intermarried without loss of “face” in
either group. This last was the boldest departure, for while it was true
that outcasts of both races had intermarried since the founding of the
colony, a socially acceptable member of either race who attempted it was
snubbed by both English and Chinese.
British-Chinese intermarriages are monogamous, and in spite of the
inevitable interference of aunts, uncles and cousins, have generally
worked out better than either race would have expected them to two
decades ago. Of themselves, these mixed marriages are not a social issue
in the colony, but they have indirectly breached the barrier between
the two racial communities. Marriage laws of all sorts have become the
concern of the entire colony population.
The 1948 Committee on Chinese Law and Custom defined many of the marital
contradictions which persist to this day. Then, as now, one of the
most vexing questions was the legal status of the “secondary wife”
or concubine sanctioned by Chinese Customary Marriages. The English
meaning of “concubine,” connoting a mistress or secret paramour, was not
applicable to the Chinese concubine; she joined her husband’s household,
with or without the principal wife’s consent, and it was his obligation
to support her. Her children were legitimate, but her husband could
divorce her more readily than he could his principal wife.
Public-domain text, read in full here on John Shaqi.
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