Establishment of marriage that has subsisted for not less than 3 years
Version Date:
09/02/2012
For the purposes of section 5A of the Ordinance, where a medical practitioner is- (29 of 2004 s. 18)
(a) to remove an organ from a living person with the intention of it being transplanted into another person who is, at the time of the transplant, the spouse of the person from whom the organ is to be removed and the marriage has subsisted for not less than 3 years; or
(b) to transplant the organ referred to in paragraph (a) into such spouse of such marriage,
the fact of such relationship shall be established by means of-
(i) any document or documents-
(A) issued under the Marriage Ordinance (Cap 181) or the Marriage Reform Ordinance (Cap 178) which shows or show that the 2 persons are the parties to-
(I) a marriage celebrated or contracted in accordance with the provisions of the Marriage Ordinance (Cap 181);
(II) a modern marriage validated by the Marriage Reform Ordinance (Cap 178); or
(III) a customary marriage declared to be valid by the Marriage Reform Ordinance (Cap 178); or
(B) equivalent to any document or documents issued under the Marriage Ordinance (Cap 181) or the Marriage Reform Ordinance (Cap 178) which shows or show that the 2 persons are the parties to a marriage celebrated or contracted outside Hong Kong in accordance with the law in force at the time and in the place where the marriage was performed; and
(ii) a statutory declaration by either of the 2 persons to the effect that the marriage has subsisted for not less than 3 years.