Chinese Marriage Act

This Act may be cited as the Chinese Marriage Act.

This Act shall not apply to marriages solemnised under the

In this Act and any rules made thereunder —

“Chinese marriage” means a marriage contracted according to established Chinese law or custom and include a marriage constituted by the marital intercourse of persons betrothed according to such law or custom.

His Majesty the Sultan and Yang Di-Pertuan shall appoint

If a Registrar intends to be absent at any time for a period of more than one week he shall appoint a deputy to take over his duties, who must be approved by the District Officer in charge of the District.

If a Registrar intends to be absent for a period of more than 3

Every Chinese marriage contracted within Brunei Darussalam shall be registered within one month with the Registrar of the district in which the husband resides:

No such marriage shall be valid unless so registered:

If Court of a Magistrate declares an unregistered marriage to be valid, the marriage, on payment of the prescribed fee, shall be registered forthwith.

Subject to the provisions of section 5, a Chinese marriage contracted within Brunei Darussalam before the commencement of this Act, or contracted outside Brunei Darussalam either before or after the commencement of this Act, may be registered on the application of either party.

The validity of an unregistered Chinese marriage contracted within Brunei Darussalam before the commencement of this Act, or contracted outside Brunei Darussalam either before or after the commencement of this Act, shall be decided by application to the Court of a

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.

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.

If one of the parties is unable to be present at the registration, the

If one of the parties refuses or withholds his consent, the

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.

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”.

When a marriage has been registered, it shall be presumed to be a valid marriage until it is proved to be invalid.

A party to a marriage, or any person interested, may appeal to a magistrate against a decision of a Registrar.

No Chinese marriage shall be registered, nor shall it be valid, until the female is 15 years of age by English computation.

Any person who has carnal connection with a female under 15

The Registrar shall, on payment of the prescribed fee, and provided that he is satisfied that the requirements of sections 5 and 6 have been complied with, register the marriage and shall issue a certificate in the form prescribed in the Schedule.

Nothing in this Act shall affect the validity of a betrothal contracted according to established Chinese law or custom.

No such betrothal shall be registered:

Any person who marries in Brunei Darussalam according to Chinese law or custom and, the marriage not having been registered, fails within one month of the marriage to apply for such marriage to be registered shall be guilty of an offence: Penalty, a fine of $1,000.

Any person who —

commits adultery;

treats the other party to the marriage cruelly and by such cruelty causes substantial physical or mental suffering; or

deserts the other party to the marriage or his or her children without reasonable excuse, shall be guilty of an offence: Penalty, imprisonment for 6 months and fine of

on the ground only that he or she refuses to have sexual intercourse.

The Registrar shall on the 30th day of June and on the 31st day of

December of each year forward to the District Officer the counterfoil of every certificate of marriage contracted within the District, and the District

Officer shall compile and keep a record of such marriages in the form prescribed in the Schedule.

Appeals.

A decision by a magistrate under section 4 or 5 shall be subject to further appeal and review under the provisions of section 18 of the

Subordinate Courts Act (Chapter 6), in like manner as if it had been a decision taken in a civil matter or proceeding before such magistrate within the meaning of that Act.

His Majesty the Sultan and Yang Di-Pertuan in Council may by notification published in the Gazette —

make rules for carrying out the provisions of this Act;

prescribe the fees to be charged for registration; and

add to or vary the Schedule.

The High Court shall, subject to the provisions of this section, have the same jurisdiction in matrimonial proceedings, in relation to a

For the purposes of subsection (1), a Chinese marriage registered under this Act shall be deemed to be a monogamous marriage.

The High Court shall have jurisdiction under this section if, at the date of the petition, either party to the Chinese marriage —