Cap. 176 《死亡登記(特設登記冊)條例》Deaths Registration (Special Registers) Ordinance
生效中To authorize the Registrar of Births and Deaths to keep special registers of deaths for the purpose of registering deaths previously registered in specified lost registers.
[31 December 1947]
(Format changes—E.R. 3 of 2022)
Part I — Preliminary
1. Short title
This Ordinance may be cited as the Deaths Registration (Special Registers) Ordinance.
2. Interpretation
In this Ordinance, unless the context otherwise requires— (Amended 8 of 2006 s. 31)
death certificate (1896) (死亡證明書(1896年)) means a certified and sealed copy of an entry of a death, given pursuant to section 16 of the Births and Deaths Registration Ordinance 1896 (16 of 1896); death certificate (1934) (死亡證明書(1934年)) means a certified and sealed copy of an entry of a death, given pursuant to section 24 of the principal Ordinance; digital image (數碼影像), in relation to a document, means an image of the document kept on a computer system or on an electronic medium; (Added 8 of 2006 s. 31) general register office (登記總處) means the general register office appointed under section 3(1)(c) of the Births and Deaths Registration Ordinance (Cap. 174); (Replaced 38 of 1979 s. 2) lost register (1896) (遺失登記冊(1896年)) means any register book of deaths formerly kept in accordance with the provisions of the Births and Deaths Registration Ordinance 1896 (16 of 1896) and which, under section 3 of this Ordinance is deemed to have been lost; lost register (1934) (遺失登記冊(1934年)) means any register book of deaths formerly kept in accordance with the provisions of the principal Ordinance and which, under section 3 of this Ordinance, is deemed to have been lost; No. 1 register (1896) (第1號登記冊(1896年)) means a special register of deaths kept under the provisions of this Ordinance for the purpose of registering death certificates (1896); No. 2 register (1896) (第2號登記冊(1896年)) means a special register of deaths kept under the provisions of this Ordinance for the purpose of registering evidence other than a death certificate (1896) of previous registration in the lost register (1896); No. 1 register (1934) (第1號登記冊(1934年)) means a special register of deaths kept under the provisions of this Ordinance for the purpose of registering death certificates (1934); No. 2 register (1934) (第2號登記冊(1934年)) means a special register of deaths kept under the provisions of this Ordinance for the purpose of registering evidence other than a death certificate (1934) of previous registration in the lost register (1934); principal Ordinance (主體條例) means the Births and Deaths Registration Ordinance (Cap. 174); register computer (登記電腦) means a computer forming the system of storing the particulars under sections 4 and 6A; (Added 8 of 2006 s. 31) Registrar (登記官) means the Registrar of Births and Deaths, and includes any deputy registrar of births and deaths; (Amended 26 of 1949 s. 2; 8 of 2006 s. 31) signed register form (經簽署登記表格) means a register form completed and signed under section 6A; (Added 8 of 2006 s. 31) special register books of deaths (特設死亡登記簿) means the special register books of deaths kept by the Registrar immediately before the commencement* of the Births, Deaths and Marriages (Digital Image) Ordinance (8 of 2006); (Added 8 of 2006 s. 31) Special register of deaths (特設死亡登記冊) means the No. 1 register (1896), or the No. 2 register (1896), or the No. 1 register (1934), or the No. 2 register (1934), as the context requires.Part II — General
3. Death registers deemed lost
All the register books of deaths specified in Part I and Part II of the First Schedule are hereby deemed to have been permanently lost as from 25 December 1941.
4. Maintenance of registers and storage of information
The Registrar shall maintain the following registers—
No. 1 register (1896) in Form 1 in the Second Schedule;
No. 2 register (1896) in Form 2 in the Second Schedule;
No. 1 register (1934) in Form 1 in the Third Schedule; and
No. 2 register (1934) in Form 2 in the Third Schedule.
The registers shall be kept in the form of a digital image in the general register office. (Amended E.R. 3 of 2022)
On the commencement* of the Births, Deaths and Marriages (Digital Image) Ordinance (8 of 2006), the special register books of deaths shall form part of the registers maintained by the Registrar under this section and be recorded in the form of a digital image by the Registrar. (Amended E.R. 3 of 2022)
The Registrar shall cause the particulars of the entries contained in the special register books of deaths to be stored in the manner described in section 6A(3)(b).
(Replaced 8 of 2006 s. 32)
4A. Disposal of special register books of deaths
Where—
the special register books of deaths or any part of them has been recorded in the form of a digital image; and (Amended E.R. 3 of 2022)
the particulars of the entries contained in such register books or such part of them have been stored in the manner described in section 6A(3)(b),
the Registrar may destroy or otherwise dispose of such register books or such part of them (as the case may be) in such manner as he thinks fit.
(Added 8 of 2006 s. 33)
5. Requirement of registration in No. 1 registers
Any person in possession of a death certificate (1896) may require the Registrar to register the death to which such certificate relates in the No. 1 register (1896) and such death shall be registered accordingly without payment of any fee.
Any person in possession of a death certificate (1934) may require the Registrar to register the death to which such certificate relates in the No. 1 register (1934) and such death shall be registered accordingly without payment of any fee.
(Amended 26 of 1949 s. 3)
6. Requirement of registration in No. 2 registers
Any person who is unable to produce a death certificate (1896) but who by means of other evidence satisfies the Registrar that the death to which such evidence relates was registered in the lost register (1896) may require the Registrar to register the death in the No. 2 register (1896) and such death shall be registered accordingly without payment of any fee.
Any person who is unable to produce a death certificate (1934) but who by means of other evidence satisfies the Registrar that the death to which such evidence relates was registered in the lost register (1934) may require the Registrar to register the death in the No. 2 register (1934) and such death shall be registered accordingly without payment of any fee.
No death shall be registered in the No. 2 register (1896) or the No. 2 register (1934) except with the consent of the Registrar and the fact of such consent having been given shall be entered in any such register.
(Amended 26 of 1949 s. 3)
6A. Register forms
The Registrar shall, before registering a death under section 5 or 6, arrange for a register form to be—
completed; and
signed by the person who requires such registration.
The register form shall—
(in the case of a registration under section 5(1)) contain such particulars as set out in Form 1 in the Second Schedule;
(in the case of a registration under section 5(2)) contain such particulars as set out in Form 1 in the Third Schedule;
(in the case of a registration under section 6(1)) contain such particulars as set out in Form 2 in the Second Schedule;
(in the case of a registration under section 6(2)) contain such particulars as set out in Form 2 in the Third Schedule.
The Registrar shall, on registration of a death under section 5 or 6, cause—
the signed register form that relates to the death to be recorded in the form of a digital image; and (Amended E.R. 3 of 2022)
the particulars contained in the form to be stored in the database of a register computer in the form of data which are capable of being retrieved and reproduced in a legible form.
The image recorded in accordance with subsection (3)(a) shall form part of the relevant register in which the death shall be registered.
(Added 8 of 2006 s. 34)
7. Indexes and searches
The Registrar shall cause indexes of the special register of deaths to be made, and any person shall be entitled on payment of the prescribed fee to require the Registrar to cause a search to be made of such indexes and register and to receive a copy of any entry in the said register certified under the hand of the Registrar and sealed or stamped with the seal or stamp of the general register office. (Amended 26 of 1949 s. 3; 8 of 2006 s. 35)
If the particulars of an entry have been stored in the manner described in section 6A(3)(b), the Registrar may cause to be produced a copy of such entry by using such particulars, and the copy so produced, if certified and sealed (or stamped) in accordance with subsection (1), shall be deemed to be a certified copy of such entry in the special register of deaths. (Added 8 of 2006 s. 35)
8. Official seal and evidential value of registers
The Registrar shall cause to be sealed or stamped with the seal or stamp of the general register office all certified copies of entries given in the said office.
Every entry and every certified copy of an entry in the No. 1 register (1896) shall be received as evidence of the death to which the same relates without other or further proof of such entry.
Every entry and every certified copy of an entry in the No. 1 register (1934) shall be of equivalent evidential value to that accorded to a death certificate (1934) by section 24 of the principal Ordinance.
Every entry and every certified copy of an entry in the No. 2 register (1896) or the No. 2 register (1934) shall be received as proof that evidence (other than a certified and sealed copy of an entry of death) to the satisfaction of the Registrar has been produced that the death to which such entry or certified copy thereof relates was registered in the appropriate lost register. (Replaced 18 of 1953 s. 2)
(Amended 26 of 1949 s. 3)
9. Fees
There shall be paid in respect of any matter for which a fee is prescribed under this Ordinance, the fees specified respectively in Part I of the Fourth Schedule.
10. Offences and penalties
(Replaced 8 of 2006 s. 36)
Any person who having custody of or access to the special register of deaths or certified copies thereof, or of any part thereof, carelessly loses or injures the same or carelessly allows the same to be injured whilst in his keeping or possession commits an offence and shall be liable on summary conviction to a fine at level 1. (Amended L.N. 25 of 1996; 8 of 2006 s. 36)
Any person who having the custody of or access to the database referred to in section 6A(3)(b)—
alters any data in the database or allows such data to be altered, other than for the purpose of carrying out duties under this Ordinance;
carelessly loses or damages any data in the database or allows such data to be lost or damaged; or
otherwise tampers with the database so that the data contained in it or any part of such data becomes incapable of being retrieved or reproduced in a legible form,
commits an offence and shall be liable on summary conviction to a fine at level 1 or to imprisonment for 6 months. (Added 8 of 2006 s. 36)
11. (Repealed 48 of 1972 s. 4)
12. Correction of errors
(Amended 8 of 2006 s. 37)
With regard to the correction of errors in the special register of deaths, the following provisions shall have effect— (Amended 8 of 2006 s. 37)
no alteration in any such register shall be made except as authorized by this Ordinance;
any clerical error which may be discovered in any such register shall, as soon as possible, be corrected by the Registrar, who shall place his initials in the margin opposite the entry in which such error has been discovered;
an error of fact or substance in any such register may be corrected by entry in the margin (without any alteration of the original entry) by the Registrar on payment of the prescribed fee and on production to him by the person requiring such error to be corrected of a declaration in the prescribed form setting forth the nature of the error and the true facts of the case, and made by 2 credible persons to the satisfaction of the Registrar having knowledge of the truth of the case, and the Registrar shall initial such marginal entry and shall add thereto the day and month and year when such correction is made. (see Fourth Schedule, Part II, Form 1) (Amended 26 of 1949 s. 3)
In relation to an entry the particulars of which have been stored in the database referred to in section 6A(3)(b)—
where the Registrar is aware of a clerical error in such particulars, he shall correct the error as soon as possible; and
where an error that is corrected under subsection (1)(c) relates to the entry, the Registrar shall amend such particulars accordingly. (Added 8 of 2006 s. 37)
13. Forms and regulations
The forms prescribed in the Schedules shall be used in the cases to which they refer.
The Chief Executive may by order published in the Gazette provide for— (Amended 71 of 1999 s. 3)
the amendment of the Schedules; and
the due carrying out of the Ordinance.
(Replaced 42 of 1967 s. 2)
First Schedule — Lost Registers of Deaths
[s. 3]Part I
Registers of deaths formerly kept pursuant to the Births and Deaths Registration Ordinance 1896.
| Serial No. | Particulars of lost registers of deaths | Office where death registered |
| 1. | Register for the period 3 October 1931 to 31 December 1931, both days inclusive | Kowloon Registry Office |
| 2. | Register for the period 28 September 1932 to 31 December 1932, both days inclusive | ditto |
| 3. | Register for the year 1924 | Yau Ma Tei Police Station |
Part II
Registers of deaths formerly kept pursuant to the Births and Deaths Registration Ordinance (Cap. 174).
| 1. | Register for the period 1 September 1937 to 29 November 1937, both days inclusive | General Register Office |
| 2. | Register for the period 10 April 1938 to 15 August 1938, both days inclusive | ditto |
| 3. | Register for the period 29 March 1939 to 3 May 1939, both days inclusive | General Register Office |
| 4. | Register for the period 13 November 1941 to 24 December 1941, both days inclusive | ditto |
| 5. | Register for the period 1 January 1940 to 24 December 1941, both days inclusive | Aberdeen Police Station |
| 6. | Register for the period 1 January 1939 to 24 December 1941, both days inclusive | Stanley Police Station |
| 7. | Register for the period 1 January 1940 to 24 December 1941, both days inclusive | Kowloon Registry Office |
| 8. | Register for the period 1 January 1940 to 24 December 1941, both days inclusive | Au Tau Police Station |
| 9. | Register for the period 1 January 1939 to 24 December 1941, both days inclusive | Cheung Chau Police Station |
| 10. | Register for the period 1 January 1939 to 24 December 1941, both days inclusive | Lok Ma Chau Police Station |
| 11. | Register for the period 1 January 1939 to 24 December 1941, both days inclusive | Ping Shan Police Station |
| 12. | Register for the period 1 January 1939 to 24 December 1941, both days inclusive | Sai Kung Police Station |
| 13. | Register for the period 1 January 1939 to 24 December 1941, both days inclusive | Sha Tau Kok Police Station |
| 14. | Register for the period 1 January 1940 to 24 December 1941, both days inclusive | Sha Tin Police Station |
| 15. | Register for the period 1 January 1939 to 24 December 1941, both days inclusive | Sheung Shui Police Station |
| 16. | Register for the period 1 January 1939 to 24 December 1941, both days inclusive | Tai O Police Station |
| 17. | Register for the period 1 January 1939 to 24 December 1941, both days inclusive | Tai Po Police Station |
| 18. | Register for the period 1 January 1939 to 24 December 1941, both days inclusive | Tsuen Wan Police Station |
(First Schedule replaced G.N.A. 215 of 1949. Amended E.R. 3 of 2022)
Second Schedule
[ss. 4 & 6A](Amended 8 of 2006 s. 38)
| Form 1 | [No. 1 register (1896)] |
Register Book of Deaths
死亡登記冊
, , Deaths in the district of , Hong Kong.
年 月 日，香港 區死亡登記。
| Registration No. 登記編號 | |
| When and where died 死亡日期及地點 | |
| Surname and name 姓名 | |
| Sex 性別 | |
| Age 年齡 | |
| Rank, profession, or occupation and nationality, so far as is known 所知的職位或職業及國籍 | |
| Cause of death 死因 | |
| Signature, description and residence of informant 申報人簽署、身分及住址 | |
| When registered 登記日期 | |
| Signature of Registrar 登記官簽署 | |
| (Amended 8 of 2006 s. 38) |
__________
| Form 2 | [No. 2 register (1896)] |
Register Book of Deaths
死亡登記冊
, , Deaths in the district of , Hong Kong.
年 月 日，香港 區死亡登記。
| Registration No. 登記編號 | |
| When and where died 死亡日期及地點 | |
| Surname and name 姓名 | |
| Sex 性別 | |
| Age 年齡 | |
| Rank, profession, or occupation and nationality, so far as is known 所知的職位或職業及國籍 | |
| Cause of death 死因 | |
| Signature, description and residence of informant 申報人簽署、身分及住址 | |
| When registered 登記日期 | |
| Consent and signature of Registrar 登記官同意及簽署 | Consent given 同意 A.B. Registrar. 登記官 |
(Amended 8 of 2006 s. 38)
(Second Schedule replaced L.N. 500 of 1995)
Third Schedule
[ss. 4 & 6A](Amended 8 of 2006 s. 39)
| Form 1 | [No. 1 register (1934)] |
Register Book of Deaths
死亡登記冊
, , Deaths in the district of , Hong Kong.
年 月 日，香港 區死亡登記。
| Registration No. 登記編號 | |
| When and where died 死亡日期及地點 | |
| Surname and name 姓名 | |
| Sex 性別 | |
| Age 年齡 | |
| Rank, profession, or occupation and nationality, so far as is known 所知的職位或職業及國籍 | |
| Cause of death 死因 | |
| Signature, description and residence of informant 申報人簽署、身分及住址 | |
| When registered 登記日期 | |
| Signature of Registrar 登記官簽署 | |
| (Amended 8 of 2006 s. 39) |
__________
| Form 2 | [No. 2 register (1934)] |
Register Book of Deaths
死亡登記冊
, , Deaths in the district of , Hong Kong.
年 月 日，香港 區死亡登記。
| Registration No. 登記編號 | |
| When and where died 死亡日期及地點 | |
| Surname and name 姓名 | |
| Sex 性別 | |
| Age 年齡 | |
| Rank, profession, or occupation and nationality, so far as is known 所知的職位或職業及國籍 | |
| Cause of death 死因 | |
| Signature, description and residence of informant 申報人簽署、身分及住址 | |
| When registered 登記日期 | |
| Consent and signature of Registrar 登記官同意及簽署 | Consent given 同意 A.B. Registrar. 登記官 |
(Amended 8 of 2006 s. 39)
(Third Schedule replaced L.N. 500 of 1995)
Fourth Schedule
Part I — Fees
[s. 9]The following fees shall be paid in connection with searches, corrections of errors and certified copies of entries in the registers—
| Item | Particular | Fee $ |
| 1. | A search either in indexes or in the registers for any given entry over a period not exceeding 5 years, i.e. a particular search | 140 |
| 2. | A search either in indexes or in the registers for information other than that concerning any given entry, i.e. a general search | 680 |
| 3. | A correction of an error in any register | 425 |
| 4. | A certified copy of an entry in any of the registers | 140 |
| but | ||
| if required to be posted (other than by airmail) to an addressee outside Hong Kong | 275 | |
| if required to be sent by airmail to an addressee outside Hong Kong | 275 plus an additional fee equal to the airmail postage at the normal rate |
(Part I replaced L.N. 79 of 1991. Amended L.N. 208 of 1993; L.N. 342 of 1994; L.N. 206 of 1995; L.N. 232 of 1996; L.N. 436 of 1997; 8 of 2006 s. 40; 17 of 2018 s. 64)
Part II — Form 1
[s. 12]Declaration for Correction of Error in Special Register of Deaths
We, A.B. of . and C.D. of . solemnly and sincerely declare that when the death of E.F. was registered on the . day of ., the following errors of fact or substance occurred in the register, viz., (here set forth the error or errors).
And we further solemnly and sincerely declare that the true facts of the case are as follows—(here set forth the true facts).
And we make this solemn declaration conscientiously believing the same to be true and by virtue of the Oaths and Declarations Ordinance (Cap. 11).
| (Signed) | A.B. |
| C.D. |
Declared at . in Hong Kong this . day of .
| Before me, | |
| (Signed) | |
| Registrar |
(Replaced L.N. 216 of 1974. Amended L.N. 499 of 1994; 8 of 2006 s. 40)