To authorize the Registrar of Births and Deaths to keep special registers of births for the purpose of registering births previously registered in specified lost registers.
[18 December 1947]
(Format changes—E.R. 3 of 2022)
This Ordinance may be cited as the Births Registration (Special Registers) Ordinance.
In this Ordinance, unless the context otherwise requires—
birth certificate (1872) (出生證明書(1872年)) means a certified and sealed copy of an entry of a birth, given pursuant to section 16 of the Births and Deaths Registration Ordinance 1872 (7 of 1872); birth certificate (1896) (出生證明書(1896年)) means a certified and sealed copy of an entry of a birth, given pursuant to section 16 of the Births and Deaths Registration Ordinance 1896 (16 of 1896); birth certificate (1934) (出生證明書(1934年)) means a certified and sealed copy of an entry of a birth, 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. 20) 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 (1872) (遺失登記冊(1872年)) means any register book of births formerly kept in accordance with the provisions of the Births and Deaths Registration Ordinance 1872 (7 of 1872) and which, under section 3 of this Ordinance, is deemed to have been lost; lost register (1896) (遺失登記冊(1896年)) means any register book of births 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 births 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 (1872) (第1號登記冊(1872年)) means a special register of births kept under the provisions of this Ordinance for the purpose of registering birth certificates (1872); No. 2 register (1872) (第2號登記冊(1872年)) means a special register of births kept under the provisions of this Ordinance for the purpose of registering evidence other than a birth certificate (1872) of previous registration in the lost register (1872); No. 1 register (1896) (第1號登記冊(1896年)) means a special register of births kept under the provisions of this Ordinance for the purpose of registering birth certificates (1896); No. 2 register (1896) (第2號登記冊(1896年)) means a special register of births kept under the provisions of this Ordinance for the purpose of registering evidence other than a birth 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 births kept under the provisions of this Ordinance for the purpose of registering birth certificates (1934); No. 2 register (1934) (第2號登記冊(1934年)) means a special register of births kept under the provisions of this Ordinance for the purpose of registering evidence other than a birth 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. 20) 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. 20) 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. 20) special register books of births (特設出生登記簿) means the special register books of births 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. 20) special register of births (特設出生登記冊) means the No. 1 register (1872), or the No. 2 register (1872), or 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.All the register books of births specified in Part I, Part II and Part III of the First Schedule are hereby deemed to have been permanently lost as from the 25th December 1941.
The Registrar shall maintain the following registers—
No. 1 register (1872) in Form 1 in the Second Schedule;
No. 2 register (1872) in Form 2 in the Second Schedule;
No. 1 register (1896) in Form 1 in the Third Schedule;
No. 2 register (1896) in Form 2 in the Third Schedule;
No. 1 register (1934) in Form 1 in the Fourth Schedule; and
No. 2 register (1934) in Form 2 in the Fourth 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 births 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 births to be stored in the manner described in section 6A(3)(b).
(Replaced 8 of 2006 s. 21)
Where—
the special register books of births 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. 22)
Any person in possession of a birth certificate (1872) may require the Registrar to register the birth to which such certificate relates in the No. 1 register (1872) and such birth shall be registered accordingly without payment of any fee.
Any person in possession of a birth certificate (1896) may require the Registrar to register the birth to which such certificate relates in the No. 1 register (1896) and such birth shall be registered accordingly without payment of any fee.
Any person in possession of a birth certificate (1934) may require the Registrar to register the birth to which such certificate relates in the No. 1 register (1934) and such birth shall be registered accordingly without payment of any fee.
(Amended 26 of 1949 s. 3)
Any person who is unable to produce a birth certificate (1872) but who by means of other evidence satisfies the Registrar that his birth was registered in the lost register (1872) may require the Registrar to register his birth in the No. 2 register (1872) and such birth shall be registered accordingly without payment of any fee.
Any person who is unable to produce a birth certificate (1896) but who by means of other evidence satisfies the Registrar that his birth was registered in the lost register (1896) may require the Registrar to register his birth in the No. 2 register (1896) and such birth shall be registered accordingly without payment of any fee.
Any person who is unable to produce a birth certificate (1934) but who by means of other evidence satisfies the Registrar that his birth was registered in the lost register (1934) may require the Registrar to register his birth in the No. 2 register (1934) and such birth shall be registered accordingly without payment of any fee.
No birth shall be registered in the No. 2 register (1872), 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)
The Registrar shall, before registering a birth 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 5(3)) contain such particulars as set out in Form 1 in the Fourth 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;
(in the case of a registration under section 6(3)) contain such particulars as set out in Form 2 in the Fourth Schedule.
The Registrar shall, on registration of a birth under section 5 or 6, cause—
the signed register form that relates to the birth 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 birth shall be registered.
(Added 8 of 2006 s. 23)
The Registrar shall cause indexes of the special register of births 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. 24)
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 births. (Added 8 of 2006 s. 24)
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 (1872) and in the No. 1 register (1896) shall be received as evidence of the birth 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 birth certificate (1934) by section 24 of the principal Ordinance.
Every entry and every certified copy of an entry in the No. 2 register (1872), 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 birth) to the satisfaction of the Registrar has been produced that the birth to which such entry or certified copy thereof relates was registered in the appropriate lost register. (Replaced 17 of 1953 s. 2)
(Amended 26 of 1949 s. 3)
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 Fifth Schedule.
(Replaced 8 of 2006 s. 25)
Any person who having custody of or access to the special register of births 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. 25)
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. 25)
(Repealed 48 of 1972 s. 4)
(Replaced 8 of 2006 s. 26)
With regard to the correction of errors in the special register of births, the following provisions shall have effect— (Amended 8 of 2006 s. 26)
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 Fifth 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. 26)
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 41 of 1967 s. 2)
| Serial No. | Particulars of lost registers of births | Office where birth registered | |
| 1. | Register for the period 19th August 1874 to 31st December 1874, both days inclusive | General Register Office | |
| 2. | Register for the period 1st January 1875 to 13th September 1896, both days inclusive | ditto | |
| 3. | Register for the period 1st January 1873 to 13th September 1896, both days inclusive | Aberdeen District Office | |
| 4. | Register for the period 1st January 1888 to 13th September 1896, both days inclusive | Yau Ma Tei District Office |
| 1. | Register for the period 14th September 1896 to 31st December 1900, both days inclusive | General Register Office | |
| 2. | Register for the years 1903 to 1911 | ditto | |
| 3. | Register for the period 1st January 1912 to 27th October 1912, both days inclusive | ditto | |
| 4. | Register for the period 14th September 1896 to 31st December 1912, both days inclusive | Aberdeen District Office | |
| 5. | Register for the period 14th September 1896 to 31st December 1912, both days inclusive | Yau Ma Tei District Office | |
| 6. | Register for the years 1908 to 1912 | Kowloon City District Office |
| 1. | Register for the years 1936 and 1937 | General Register Office | |
| 2. | Register for the period 5th November 1941 to 24th December 1941, both days inclusive | ditto | |
| 3. | Register for the period 18th April 1936 to 31st December 1936, both days inclusive | Eastern District Office | |
| 4. | Register for the year 1937 | ditto | |
| 5. | Register for the period 11th March 1937 to 31st December 1937, both days inclusive | Western District Office | |
| 6. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | ditto | |
| 7. | Register for the years 1936 and 1937 | Central District Office | |
| 8. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | ditto | |
| 9. | Register for the period 8th June 1937 to 31st December 1937, both days inclusive | Shau Kei Wan District Office | |
| 10. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Stanley District Office | |
| 11. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Aberdeen District Office | |
| 12. | Register for the years 1936 and 1937 | Yau Ma Tei District Office | |
| 13. | Register for the period 11th December 1940 to 24th December 1941, both days inclusive | ditto | |
| 14. | Register for the period 3rd December 1940 to 24th December 1941, both days inclusive | Sham Shui Po District Office | |
| 15. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Hung Hom District Office | |
| 16. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Kowloon City District Office | |
| 17. | Register for the years 1936 and 1937 | Au Tau District Office | |
| 18. | Register for the period 8th April 1941 to 24th December 1941, both days inclusive | ditto | |
| 19. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Cheung Chau District Office | |
| 20. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Lok Ma Chau District Office | |
| 21. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Ping Shan District Office | |
| 22. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Sai Kung District Office | |
| 23. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Sha Tau Kok District Office | |
| 24. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Sha Tin District Office | |
| 25. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Sheung Shui District Office | |
| 26. | Register for the year 1937 | Tai Po District Office | |
| 27. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | ditto | |
| 28. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | Tsuen Wan District Office | |
| 29. | Register for the year 1937 | Tai O District Office | |
| 30. | Register for the period 1st January 1940 to 24th December 1941, both days inclusive | ditto |
(First Schedule replaced G.N.A. 214 of 1949. Amended E.R. 3 of 2022)
| Form 1 | [No. 1 register (1872)] |
, 1872, Births in the district of , Hong Kong.
1872 年 月 日，香港 區出生登記。
| Registration No. 登記編號 | |
| When born 出生日期 | |
| Name, if any 名字(如有的話) | |
| Sex 性別 | |
| Surname and name of father 父親姓名 | |
| Maiden surname and name of mother 母親婚前姓氏及名字 | |
| Rank or profession of father 父親職位或職業 | |
| 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 | |
| Baptismal name if added after registration of birth 出生登記後加上的敎名 |
__________
| Form 2 | [No. 2 register (1872)] |
, 1872, Births in the district of , Hong Kong.
1872年 月 日，香港 區出生登記。
| Registration No. 登記編號 | |
| When born 出生日期 | |
| Name, if any 名字(如有的話) | |
| Sex 性別 | |
| Surname and name of father 父親姓名 | |
| Maiden surname and name of mother 母親婚前姓氏及名字 | |
| Rank or profession of father 父親職位或職業 | |
| 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 |
| Baptismal name if added after registration of birth 出生登記後加上的敎名 |
(Second Schedule replaced L.N. 499 of 1995)
| Form 1 | [No. 1 register (1896)] |
, , Births in the district of , Hong Kong.
年 月 日，香港 區出生登記。
| Registration No. 登記編號 | |
| When and where born 出生日期及地點 | |
| Name, if any 名字(如有的話) | |
| Sex 性別 | |
| Surname and name of father 父親姓名 | |
| Maiden surname and name of mother 母親婚前姓氏及名字 | |
| Rank or profession of father 父親職位或職業 | |
| 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 | |
| Name if added after registration of birth 出生登記後加上的名字 |
(Amended 8 of 2006 s. 28)
__________
| Form 2 | [No. 2 register (1896)] |
, , Births in the district of , Hong Kong.
年 月 日，香港 區出生登記。
| Registration No. 登記編號 | |
| When and where born 出生日期及地點 | |
| Name, if any 名字(如有的話) | |
| Sex 性別 | |
| Surname and name of father 父親姓名 | |
| Maiden surname and name of mother 母親婚前姓氏及名字 | |
| Rank or profession of father 父親職位或職業 | |
| 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 |
| Name if added after registration of birth 出生登記後加上的名字 |
(Amended 8 of 2006 s. 28)
(Third Schedule replaced L.N. 499 of 1995)
| Form 1 | [No. 1 register (1934)] |
, , Births in the district of , Hong Kong.
年 月 日，香港 區出生登記。
| Registration No. 登記編號 | |
| When and where born 出生日期及地點 | |
| Name, if any 名字(如有的話) | |
| Sex 性別 | |
| Surname and name of father 父親姓名 | |
| Maiden surname and name of mother 母親婚前姓氏及名字 | |
| Rank or profession of father 父親職位或職業 | |
| 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 | |
| Name if added after registration of birth 出生登記後加上的名字 |
(Amended 8 of 2006 s. 29)
__________| Form 2 | [No. 2 register (1934)] |
, , Births in the district of , Hong Kong.
年 月 日，香港 區出生登記。
| Registration No. 登記編號 | |
| When and where born 出生日期及地點 | |
| Name, if any 名字(如有的話) | |
| Sex 性別 | |
| Surname and name of father 父親姓名 | |
| Maiden surname and name of mother 母親婚前姓氏及名字 | |
| Rank or profession of father 父親職位或職業 | |
| 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 |
| Name if added after registration of birth 出生登記後加上的名字 |
(Amended 8 of 2006 s. 29)
(Fourth Schedule replaced L.N. 499 of 1995)
| Item | 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. 77 of 1991. Amended L.N. 207 of 1993; L.N. 340 of 1994; L.N. 205 of 1995; L.N. 231 of 1996; L.N. 435 of 1997; 8 of 2006 s. 30; 17 of 2018 s. 63)
| We, A.B. of |
| and C.D. of |
| solemnly and sincerely declare that when the birth 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. 215 of 1974. Amended L.N. 498 of 1994; 8 of 2006 s. 30)