- Hong Kong is monogamous. Anyone who is married and marries someone else while their spouse is still alive commits bigamy, punishable by up to 7 years' imprisonment.
- Bigamy on the Mainland includes “de facto marriage”. A married Hong Kong person who keeps a stable cohabiting relationship with someone on the Mainland may break Mainland bigamy law even without registering a marriage.
- Even though Hong Kong does not yet recognise same-sex marriage, a person who has lawfully married a same-sex partner abroad and then marries someone else in Hong Kong may still be charged with bigamy.
- A person already registered as married overseas who registers a marriage again in Hong Kong commits bigamy, even if it is to the same person.
Many couples choose to marry abroad, enjoying an exotic setting while completing the registration. But you must know the legal rules, or you may commit bigamy without meaning to because you did not understand the local law.
Below we explain whether remarrying in Hong Kong is bigamy, and compare bigamy in Hong Kong with lawful overseas marriages.
The basic principles of Hong Kong marriage law, and criminal liability for bigamy
On the legal issues of cross-border marriage, Hong Kong marriage law strictly follows the principle of monogamy and does not recognise any form of marriage to more than one spouse.
Hong Kong law deals with bigamy as a civil matter under the Matrimonial Causes Ordinance (Cap. 179), and also makes it a criminal offence under section 45 of the Offences against the Person Ordinance (Cap. 212):
| Civil | Criminal | |
|---|---|---|
| Who it applies to | Anyone lawfully married anywhere (including Hong Kong, the Mainland or overseas) | Anyone who is married |
| Rule | Until the divorce is finalised, you may not register another marriage in Hong Kong | Marrying another person while your spouse is still alive is bigamy |
| Consequences | The second marriage is automatically declared void | Tried on indictment, with up to 7 years' imprisonment |
This law applies to Hong Kong residents outside Hong Kong too. Even if the bigamy takes place in another country or territory, the person may be prosecuted on returning to Hong Kong.
The main purpose of this rule is to stop Hong Kong residents avoiding local marriage law by marrying abroad.
Even if a country allows polygamy, a Hong Kong resident cannot use that difference in the law to commit bigamy lawfully.
Is remarrying overseas bigamy for a married person?
Feel free to check your situation with us.
How conflicts in cross-border marriage law are handled, the legal risks of bigamy, and the values behind the rule
Even if a Hong Kong resident completes a second marriage registration under local law in a country that allows more than one spouse, Hong Kong law will still not recognise that marriage.
In cross-border marriage cases, countries generally follow these basic principles:
- The formalities of a marriage are usually governed by the law of the place where it took place (where the ceremony was held)
- The essential requirements of a marriage may be governed by the law of the parties' nationality or domicile
- In deciding whether a marriage abroad is valid, courts usually consider whether it offends their own country's public policy
In the Hong Kong legal system, bigamy is clearly regarded as contrary to public policy, and the person may also be charged with bigamy.
A Hong Kong resident who commits bigamy overseas may face several legal risks:
- Criminal liability: up to 7 years' imprisonment for bigamy
- Civil consequences: the second marriage is not recognised in Hong Kong, and that spouse cannot enjoy the rights marriage law gives, such as inheritance or a claim for maintenance
- In international civil cases (such as the division of property across borders or care of children), the court may refuse to recognise claims based on a bigamous relationship
- Your reputation and career may suffer, especially in jobs or activities that need a certificate of no criminal conviction
Hong Kong's strict ban on bigamy reflects several layers of social values:
- Monogamy affirms the values of equality, respect and fidelity in marriage
- It protects the party who may be the weaker one in a marriage, and prevents their lawful rights being harmed by a spouse's bigamy
- It keeps family structures clear and stable, and avoids social problems and disputes caused by complicated family relationships
Because of these risks, avoiding monogamy through “marriage tourism” is hard to achieve in practice, and gets no legal protection.
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Bigamy in Hong Kong and on the Mainland compared
Hong Kong and the Mainland differ significantly in how they define and deal with bigamy. On the Mainland, bigamy also covers “de facto marriage”, where a person keeps two stable relationships at once.
Hong Kong law also has clear rules on marriages across borders. Someone married in Hong Kong who has not completed a divorce may not marry again on the Mainland or overseas.
| Hong Kong | Mainland | |
|---|---|---|
| Legal basis | Offences against the Person Ordinance, section 45 | Criminal Law of the People's Republic of China |
| What counts as bigamy | Limited to the formal act of registering a marriage, not cohabitation | Includes an unregistered but stable relationship that exists in substance |
| Maximum penalty | 7 years' imprisonment | Two years' imprisonment or detention |
The broad reading of bigamy on the Mainland, and its low threshold
The Criminal Law of the People's Republic of China states: “Anyone who has a spouse and commits bigamy, or who marries another person knowing that person has a spouse, shall be sentenced to imprisonment of not more than two years or to criminal detention.”
The test for “de facto marriage” is fairly vague. It may include:
- Long-term cohabitation
- Keeping a stable relationship
- Even meeting regularly
Legal experts who have handled matrimonial cases say Mainland courts are quite flexible about what counts as “long-term”. Even meeting only once a month may be treated as a “de facto marriage” if the relationship is stable.
Please note
- A married Hong Kong person who keeps a mistress on the Mainland faces a much higher risk of a bigamy charge, even if the two never registered a marriage or held a ceremony of any kind
How evidence works in the Mainland courts
The Mainland does not apply the presumption of innocence, and the evidence needed to prove a “de facto marriage” is relatively light. Any of the following may be used by the court to find bigamy:
- Neighbours' testimony
- Photos of living together
- Proof of financial dealings
Even if the defendant does not attend the hearing, a Mainland court can still give judgment on the evidence it has.
Some legal experts say the threshold for bigamy in Mainland courts is clearly lower than in Hong Kong, so Hong Kong residents unfamiliar with Mainland law can easily be caught out.
Please note
- Once a Mainland court convicts someone of bigamy, the maximum penalty is two years' imprisonment or detention, and a wanted notice may be issued. The person convicted may risk arrest on entering the Mainland.
Cross-border bigamy cases: a real warning
A Hong Kong resident being charged with bigamy over a Mainland “de facto marriage” is not just a theory. There have been real cases:
- In the past, a married Hong Kong police officer was accused of “bigamy” by a Mainland woman. The two had not registered a marriage on the Mainland, but she gave the court evidence that they lived together
- The Mainland court accepted this evidence and found that the two were in a “technical marriage” or “de facto marriage”. In the officer's absence, it convicted him of bigamy, sentenced him to 2 months' imprisonment and issued a wanted notice
- The officer was later taken away for questioning by public security officers when he travelled north to the Mainland. According to reports, he was released temporarily and returned to Hong Kong, and so avoided serving the sentence
Advice on avoiding cross-border legal risks
Married people who travel often between Hong Kong and the Mainland should take particular care over the following legal risks:
- Keeping a stable cohabiting relationship with someone on the Mainland may break Mainland bigamy law, even without any marriage registration
- Anyone planning to register a marriage in Hong Kong or on the Mainland must make sure the earlier marriage has lawfully ended and that all the divorce formalities are complete
- A married Hong Kong person with business or work on the Mainland should avoid forming a stable, couple-like relationship with anyone
- If you face a possible legal risk, it is advisable to consult, in good time, a lawyer who knows the law of both places
![[Advice on avoiding cross-border legal risks]](/assets/blog/b31/body-2.webp)
Could cohabiting on the Mainland be treated as bigamy?
Get in touch, and a dedicated consultant will first understand your situation.
How does Hong Kong treat bigamy involving a lawful same-sex marriage abroad?
Even though Hong Kong does not yet recognise same-sex marriage, a person who has lawfully married a same-sex partner abroad and then marries someone else in Hong Kong may still be charged with bigamy.
The legal status of same-sex marriages abroad
A same-sex marriage may be recognised by Hong Kong for some legal purposes if it meets these conditions:
- It was lawfully entered into under the law of the place where it was held
- Under the law of each party's domicile before the marriage, both had the legal capacity to marry
Although this recognition is incomplete, it is enough to have effect in applying the law on bigamy, because Hong Kong courts refer to the principles of private international law and consider the legal effect of the law of the place of marriage.
The consequences of a false declaration
When you register a marriage in Hong Kong, if you know you have already married abroad (including to a same-sex partner) but still declare yourself “single”, you may face a charge of making a false declaration.
Please note
- Under Hong Kong law, making a false declaration to bring about a marriage is a serious offence and may lead to criminal prosecution
The steps needed to remarry lawfully
If you have a marriage abroad (including a same-sex marriage) and want to marry lawfully in Hong Kong, the only correct route is to complete the divorce of the earlier marriage first:
-
Complete the divorce
Complete all the divorce formalities, under local law, in the country or territory where the earlier marriage was made. Separation or an informal end to the relationship is not enough
-
Obtain proof of divorce
Only after you have valid proof of divorce and have confirmed that the earlier marriage no longer exists in law can you start the procedure for a new marriage in Hong Kong
Divorce procedures and requirements differ from country to country, so you should take professional legal advice.
The legal complexity of cross-border marriage
A person's marital status may be read differently in different jurisdictions, and their position under Hong Kong law needs to be looked at case by case.
The legal issues of a cross-border marriage affect not only a person's reputation and freedom, but also property rights, inheritance and other matters.
![[The legal complexity of cross-border marriage]](/assets/blog/b31/body-3.webp)
Overseas marriages and bigamy in Hong Kong: what newlyweds must know
The Hong Kong Government generally recognises overseas marriages lawfully registered where they took place. But someone already registered as married overseas who registers again in Hong Kong commits bigamy, even if it is to the same person.
How Hong Kong recognises overseas marriages in law
If a Hong Kong couple register their marriage with a local government office in New Zealand and receive a valid New Zealand marriage certificate, the marriage is equally valid in Hong Kong. There is no need to register again in Hong Kong.
Please note
- This recognition is not unconditional. An overseas marriage must comply with local law and must not offend Hong Kong public policy to be fully recognised under Hong Kong law
The bigamy risk of registering twice, and the consequences of a false declaration
Many newlyweds who register overseas register a second time after returning to Hong Kong, either because they doubt the Hong Kong Government will recognise the marriage, or because they want a ceremony in front of family and friends.
When they complete the notice of intended marriage in Hong Kong, couples must state their marital status truthfully.
Please note
- If someone already registered as married overseas deliberately hides this and claims to be “unmarried”, the law treats it as a false declaration, a criminal offence of the same nature as perjury
- Although the Hong Kong Government cannot directly obtain foreign marriage registration records, the person may face serious legal consequences if the matter is reported or discovered in an investigation
The right way to hold a supplementary wedding
If you have lawfully registered your marriage overseas but want a wedding ceremony in Hong Kong for family and friends, the most important rule is not to register a second marriage in Hong Kong. You can choose to:
- Hold a wedding celebration with no legal effect. It can include exchanging rings, reading vows and a blessing from the officiant, but no official registration and no legal document is signed
- Hold only the ceremony overseas without registering, then return to Hong Kong and register the marriage formally
Special marriage registration rules by country
Some popular wedding destinations, such as Bali, ask foreign couples for a “certificate of no marital record” issued by the Hong Kong Government (commonly called a “bachelor’s certificate”) to prove that both are single.
Countries also have different nationality requirements for couples:
| Nationality requirement | |
|---|---|
| Hong Kong | Allow non-residents of Hong Kong to register a marriage locally |
| Mainland China | At least one party must be a Chinese citizen to register there |
| Some countries | Require both parties to be citizens to register a marriage |
Couples should understand clearly the difference between a wedding ceremony and a marriage registration, so that what they do is lawful and meaningful.
![[Special marriage registration rules by country]](/assets/blog/b31/body-4.webp)
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After registering a marriage overseas, can you register again in Hong Kong?
If in doubt, feel free to contact our dedicated consultants.
Common questions about remarriage and bigamy in Hong Kong
If I marry in a country where polygamy is lawful, is it a crime to remarry in Hong Kong?
Even if that country's law allows a man to have more than one wife, Hong Kong does not recognise multiple marriages, so remarrying in Hong Kong is still bigamy.
How can I confirm that an overseas marriage is lawful and valid?
You can ask the country's marriage registry or a legal expert about the marriage's legal effect and whether it meets local marriage law.
If an overseas marriage was not lawfully registered, is remarrying in Hong Kong bigamy?
If an overseas marriage was not lawfully registered, it may not count as a valid marriage. In that case, remarrying in Hong Kong is usually not bigamy, but further legal confirmation is needed.
How do I avoid committing bigamy in Hong Kong?
Before you remarry, confirm that your earlier marriage has been lawfully ended and keep the documents, such as proof of divorce or a spouse's death certificate, to avoid bigamy.
Am I legally liable if I marry a married person without knowing it?
In Hong Kong, a person who did not know is generally not criminally liable, but the marriage may be treated as void, and you need to provide evidence that you did not know.
