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Explainer | Wedding bells behind bars? The Post looks at family rights for Hong Kong prisoners

  • Prisoners can get married behind bars, get out under supervision for funerals of loved ones and women inmates can keep toddlers with them in jail

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Former Democratic Party chairman Wu Chi-wai, who was on remand at the time, is escorted to his father’s funeral in 2021. Photo: May Tse

One of 45 Hong Kong opposition figures convicted of conspiracy to subvert state power was revealed to have married while behind bars during pleas in mitigation at a court hearing on Tuesday.

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Nigel Kat SC, who appeared for Tiffany Yuen Ka-wai, a former district councillor, told judges at West Kowloon Court that she wanted to start afresh with her husband after she completed her sentence.

Here the Post explores the family rights of inmates, from getting married without leaving prison to paying their last respects to loved ones.

1. How can they get married?

An inmate who wants to get married can make an application to the rehabilitation unit in whichever institution they are held. Once the application is approved, the inmate’s family members can hire a civil marriage celebrant to arrange the wedding with the Marriage Registry and carry out the ceremony.

Marriages between inmates held in different institutions are permitted.

If one half of the couple is not in jail, they or their lawyer can start the proceedings by making a booking with the Marriage Registry then contacting the Correctional Services Department to set a date for the ceremony, to be held inside a prison.

2. What would their ceremony be like?

Alex Lam Chi-yau, a lawyer who has handled two marriages celebrated in prison, said wedding ceremonies for inmates took place in the room usually reserved for visits from lawyers.

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