Affirmation Letter (Hong Kong)

An Affirmation Letter in Hong Kong records sworn statements of fact that can be relied on before a court or authority.

The right to affirm rather than swear reflects Hong Kong's common law tradition inherited from English legal practice, maintained under Article 8 of the Basic Law of the Hong Kong Special Administrative Region which preserves Hong Kong's common law system. The Judiciary of the Hong Kong Special Administrative Region — encompassing the Court of Final Appeal, the Court of Appeal, the Court of First Instance, the District Court, the Magistrates' Courts, and various specialised tribunals including the Labour Tribunal and the Lands Tribunal — accepts affirmations in all proceedings where sworn evidence would otherwise be required.

An Affirmation Letter differs from an affidavit primarily in the form of the attestation. Where an affidavit uses the formula 'sworn before me', an affirmation uses 'affirmed before me'. In all other respects — the identification of the affirmant, the numbered paragraphs of evidence, the exhibit references, and the formal attestation by a Commissioner for Oaths or other authorised officer — the affirmation letter follows identical requirements to an affidavit under the Rules of the High Court (Cap. 4A) and the Rules of the District Court (Cap. 336H).

Commissioners for Oaths in Hong Kong — who include all practising solicitors on the roll of the Law Society of Hong Kong — are authorised under Section 4 of the Oaths and Declarations Ordinance (Cap. 11) to administer affirmations as well as oaths. Notaries Public appointed by the High Court are also authorised to administer affirmations. For affirmations required in relation to overseas proceedings, a Hong Kong Notary Public may authenticate the affirmation for international use, with apostille certification from the Chief Secretary for Administration's Office if the destination country is a party to the Hague Apostille Convention.

Beyond court proceedings, the Affirmation Letter is used in corporate contexts under the Companies Ordinance (Cap. 622) — for example, directors may affirm rather than swear statutory declarations required under specific provisions of Cap. 622. The Immigration Department accepts affirmations in support of right of abode and visa applications. The Inland Revenue Department (IRD) accepts affirmed statements in support of tax objections and appeals to the Board of Review established under the Inland Revenue Ordinance (Cap. 112). Hong Kong government departments generally accept affirmations wherever sworn declarations are permitted, making the Affirmation Letter a flexible tool for individuals whose beliefs preclude taking oaths on religious texts.

A false statement made in an affirmation in Hong Kong is a criminal offence of perjury under the Crimes Ordinance (Cap. 200), with a maximum penalty of seven years' imprisonment. The legal consequences are identical whether the statement was sworn on oath or affirmed, reflecting the equal legal status of the two forms under Cap. 11.

An Affirmation Letter in Hong Kong is needed whenever a person is required to provide sworn evidence or a sworn declaration but objects to taking an oath on religious or conscientious grounds, or belongs to a non-religious tradition for which a solemn affirmation is the preferred form of attestation under the Oaths and Declarations Ordinance (Cap. 11).

Court proceedings before the Court of First Instance, the District Court, or the Family Court require sworn evidence on interlocutory applications, trials, and administrative matters. A party who objects to taking a religious oath may instead make a solemn affirmation before the administering officer — the resulting affirmation letter is filed in the same way as an affidavit and carries the same evidential weight. Civil litigation under the Rules of the High Court (Cap. 4A), including commercial disputes, injunction applications, and enforcement proceedings, may require multiple rounds of sworn evidence.

Probate applications before the Probate Registry of the High Court under the Probate and Administration Ordinance (Cap. 10) require the executor or administrator to provide sworn evidence of the deceased's assets and liabilities. An executor who objects to taking an oath may execute an affirmation letter with the same legal effect as the customary affidavit of assets.

Immigration Department applications for visas, right of abode, and other immigration status determinations under the Immigration Ordinance (Cap. 115) sometimes require sworn statements confirming facts not otherwise evidenced by official documents. Affirmations are accepted in place of sworn affidavits for these purposes.

Labour Tribunal proceedings adjudicating disputes under the Employment Ordinance (Cap. 57) — including claims for unpaid wages, severance payment, long service payment, and wrongful dismissal compensation — require parties to provide evidence in prescribed forms. Claimants and respondents who prefer to affirm rather than swear may use an affirmation letter to present their factual evidence.

Corporate and regulatory declarations required under the Companies Ordinance (Cap. 622) sometimes permit affirmations as an alternative to oaths. Directors and officers of companies incorporated under Cap. 622 who are required to make statutory declarations — for example, declarations of solvency in connection with members' voluntary winding-up under Cap. 622 — may affirm rather than swear.

Arbitration proceedings under the Arbitration Ordinance (Cap. 609), including proceedings before the Hong Kong International Arbitration Centre (HKIAC), may require sworn witness statements or affidavits in connection with interim measure applications before the Court of First Instance. Witnesses who prefer to affirm may use an affirmation letter.

Statutory declarations distinguished from affirmation letters: A statutory declaration made under the Statutory Declarations Ordinance (Cap. 349A) is a separate form of formal declaration used for administrative purposes rather than court proceedings. Where court proceedings or adversarial legal processes require sworn evidence, the affirmation letter (under Cap. 11) is the appropriate form, not a statutory declaration.

An Affirmation Letter in Hong Kong must include specific formal elements to be valid under the Oaths and Declarations Ordinance (Cap. 11) and admissible in legal proceedings or before government bodies.

Title and proceedings heading: Where the affirmation letter is for use in court proceedings, the heading must identify the court by full name (e.g., 'IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION, COURT OF FIRST INSTANCE'), the action number, and the names of the parties. For non-contentious uses — such as immigration applications to the Immigration Department or regulatory filings with the Inland Revenue Department (IRD) — the heading must identify the relevant administrative matter and the reference number of the application.

Affirmant identification: The opening paragraph must identify the affirmant by full legal name as stated on the Hong Kong Identity Card or passport, HKID or passport number, occupation, and residential address. Where the affirmant is making the affirmation in a professional or representative capacity — for example, as a director of a company incorporated under the Companies Ordinance (Cap. 622) — the capacity must be stated, together with the company's registered name and Companies Registry number.

Formula of affirmation: The affirmation letter must use the prescribed formula under Section 5 of the Oaths and Declarations Ordinance (Cap. 11): 'I, [full name], do solemnly, sincerely and truly declare and affirm that the contents of this my affirmation are true.' This formula must appear at the beginning or end of the affirmation, and must not be modified or abbreviated in a way that undermines its legal significance.

Numbered paragraphs of evidence: The body of the affirmation letter must set out the affirmed facts in consecutively numbered paragraphs, each addressing a specific fact or closely related group of facts. Paragraphs must be factual and free from legal argument. Where facts are stated on information and belief rather than personal knowledge, the source and grounds for belief must be disclosed, consistent with Order 41 of the Rules of the High Court (Cap. 4A).

Exhibits: Documents referenced in the affirmation must be marked as exhibits using sequential alphanumeric references (e.g., 'Exhibit A' or the affirmant's initials followed by a number). Each exhibit must be briefly described in the relevant paragraph of the affirmation and physically attached to or bundled with the affirmation letter. The administering officer signs the exhibit endorsement at the time of affirming.

Jurat of affirmation: The attestation clause at the foot of the affirmation letter must state: 'Affirmed before me at [place] in Hong Kong on [date]', followed by the signature and name of the Commissioner for Oaths, Justice of the Peace, or other authorised officer, with their official chop or stamp. The affirmant signs the document in the presence of the administering officer, who then signs the jurat. An affirmation letter without a completed jurat is not formally valid and will be rejected by court registries and government departments.

Language: Affirmation letters for use in Hong Kong courts may be in English or Chinese. Where the affirmant cannot understand the language of the document, the administering officer must confirm the document is interpreted to the affirmant before the affirmation is taken, and the jurat must record that the document was interpreted. The Judiciary provides bilingual court forms, and affirmations in Chinese are accepted at all levels of the court system.

Amendments and corrections: Amendments made to an affirmation letter before the jurat is signed must be initialled by both the affirmant and the administering officer. Amendments made after the jurat has been completed invalidate the affirmation in respect of the amended parts, requiring a fresh affirmation to be sworn. Forms-legal.com provides a structured Affirmation Letter template for Hong Kong, covering all formal requirements under Cap. 11 and the Rules of the High Court, with separate sections for court proceedings and administrative uses.

Completing and executing an Affirmation Letter in Hong Kong under the Oaths and Declarations Ordinance (Cap. 11) requires careful drafting followed by formal execution before an authorised officer. Follow these steps to produce a valid, court-ready document.

1. Draft the heading. For court proceedings, state the full court name, the action number, and the names of the parties exactly as they appear in the court file. For administrative matters — such as an immigration application to the Immigration Department or a tax objection filed with the Inland Revenue Department (IRD) — state the reference number and the name of the relevant government body.

2. Complete the opening identification paragraph. State your full legal name as shown on your Hong Kong Identity Card (HKID) or passport, your HKID or passport number, your occupation, and your residential address. Where you are affirming in a representative capacity — as a director of a company under the Companies Ordinance (Cap. 622), for example — state the company's registered name and Companies Registry number alongside your personal details.

3. Insert the prescribed affirmation formula under Section 5 of Cap. 11: 'I, [full name], do solemnly, sincerely and truly declare and affirm that the contents of this my affirmation are true.' Do not alter or abbreviate this formula.

4. Draft the body in consecutively numbered paragraphs. Each paragraph should address one discrete fact or closely related group of facts. Statements made on information and belief — rather than direct personal knowledge — must identify the source and the basis for belief, in compliance with Order 41 of the Rules of the High Court (Cap. 4A).

5. Mark and prepare exhibits. Any document referenced in the body must be assigned a sequential exhibit reference (e.g., 'Exhibit A' or your initials followed by a number). Each exhibit must be physically attached to the affirmation. Do not alter exhibits after they are marked.

6. Book an appointment with an authorised officer. Commissioners for Oaths — all practising solicitors on the Law Society of Hong Kong roll qualify automatically under Section 4 of Cap. 11 — as well as Notaries Public and Justices of the Peace can administer affirmations. Solicitors' offices charge a standard fee per affirmation; confirm the fee when booking.

7. Attend the administering officer in person, bringing your HKID or passport. The officer will verify your identity, confirm you have read and understood the document, and administer the affirmation. Sign the document in the officer's presence. The officer then signs the jurat and stamps the document with their official chop.

8. Submit the executed affirmation. For court proceedings, file the original at the relevant court registry — the High Court, District Court, or Magistrates' Court — together with any required filing fee under the relevant fees rules. For administrative purposes, submit to the relevant department (Immigration Department, IRD, Companies Registry, or Probate Registry) as directed by the applicable application requirements.

9. Retain copies. Keep at least one certified copy of the executed affirmation and all exhibits in your permanent file. Court registries and government departments may require additional copies. For affirmations to be used in overseas proceedings, a Hong Kong Notary Public can authenticate the document, followed by apostille certification through the Chief Secretary for Administration's Office if the destination country is a party to the Hague Apostille Convention.

No statutory deadline governs the execution of an Affirmation Letter independent of the underlying proceeding — comply with any court-prescribed time limits or government application deadlines that apply to the matter in which the affirmation is used. A false statement in an affirmation constitutes perjury under the Crimes Ordinance (Cap. 200), punishable by up to seven years' imprisonment.