Notarised Declaration (Hong Kong)

A Notarised Declaration in Hong Kong captures the particulars required for the filing or submission it supports.

Hong Kong's notarisation framework is grounded in the Notaries Public Ordinance (Cap. 11A) and the Oaths and Declarations Ordinance (Cap. 11). Hong Kong Notaries Public are legally qualified practitioners — typically senior solicitors — appointed by the Chief Justice of the Court of Final Appeal under Section 3 of Cap. 11A and regulated by the Hong Kong Society of Notaries. Their official seal and signature authenticate the declarant's identity, signature, and circumstances of execution, giving notarised documents a level of formal credibility recognised across common law and civil law jurisdictions.

Commissioners for Oaths — appointed under Section 6 of the Oaths and Declarations Ordinance (Cap. 11) — perform the domestic equivalent function, administering oaths and affirmations before statutory declarations, court affidavits, and regulatory submissions. All practising Hong Kong solicitors hold Commissioner for Oaths status by virtue of their admission to the Roll of the High Court of Hong Kong, making sworn declaration services accessible across the territory's solicitors practising in private practice and in-house roles.

The Crimes Ordinance (Cap. 200) — particularly Section 36 on false statements made on oath and Section 73 on making a false declaration — provides the criminal law foundation for the integrity of sworn declarations in Hong Kong. A person who knowingly makes a false declaration, or who makes a declaration without believing it to be true, commits a serious criminal offence punishable by imprisonment. The Court of First Instance and the District Court take prosecutions for false declarations seriously, reflecting the fundamental importance of sworn evidence to Hong Kong's common law legal system.

For companies registered under the Companies Ordinance (Cap. 622) with the Companies Registry, declarations are frequently required for corporate resolutions, director appointments under Section 72 of Cap. 622, share transfers, and statutory filings. For individuals dealing with government departments, the Immigration Department, and regulatory authorities, notarised declarations authenticate identity, status, and factual matters that form the basis of administrative decisions. For parties in cross-border transactions involving mainland China counterparties, notarised declarations authenticated through the China Legal Service (Hong Kong) Co. Ltd (CLSHK) are the standard documentary chain required for mainland Chinese use. The Land Registration Ordinance (Cap. 128) governs property declarations filed with the Land Registry.

Notarised Declaration in Hong Kong is needed whenever a formal verified statement of fact is required by a court, government authority, regulatory body, overseas institution, or counterparty who requires sworn or notarised evidence rather than a simple unsworn statement.

For court proceedings and legal applications. Hong Kong courts — including the Court of First Instance, District Court, Lands Tribunal, and Family Court — require sworn declarations (affidavits or affirmations) for interlocutory applications, evidence in contested hearings, and applications where oral testimony has not yet been taken. Interlocutory injunction applications before the Court of First Instance, summary judgment applications under Order 14 of the Rules of the High Court, and winding-up petitions before the Companies Court all typically rely on sworn declarations as the primary evidence.

For Companies Registry filings under the Companies Ordinance (Cap. 622). Various company incorporation and post-incorporation filings require declarations from directors or shareholders confirming compliance with statutory requirements. The NNC1 incorporation form requires a declaration of compliance under Section 14 of Cap. 622. Annual returns under Section 662 of Cap. 622 and other statutory forms require signed declarations by authorised officers of the company.

For immigration and visa applications. The Immigration Department of Hong Kong and overseas immigration authorities regularly require sworn or notarised declarations confirming marital status, financial capacity, relationship status, or other personal circumstances. Applications under the Top Talent Pass Scheme, Quality Migrant Admission Scheme, and other pathways under the Immigration Ordinance (Cap. 115) may require notarised supporting declarations as part of the documentary evidence.

For mainland China use. Hong Kong individuals and companies dealing with mainland Chinese authorities, courts, government agencies, or businesses frequently require notarised declarations authenticated through the China Legal Service (Hong Kong) Co. Ltd (CLSHK). Corporate authority declarations, identity declarations, and power of attorney documents intended for mainland China use require notarisation under Cap. 11A followed by CLSHK authentication.

For property transactions. Declarations confirming title, identity, marital status, or absence of encumbrances are used in Hong Kong property transactions registered at the Land Registry under the Land Registration Ordinance (Cap. 128). Section 3 of Cap. 128 requires instruments affecting land to be registered to be effective against subsequent purchasers, and declarations form part of the supporting documentation.

For professional licensing and regulatory purposes. Applications to the Securities and Futures Commission (SFC) under the Securities and Futures Ordinance (Cap. 571), the Hong Kong Monetary Authority (HKMA), and the Insurance Authority may require declarations confirming fitness and propriety, absence of criminal convictions, or compliance with licensing requirements under Schedule 5 of Cap. 571.

A valid Hong Kong Notarised Declaration must contain the following essential components to be accepted by the Court of First Instance, government authorities, the Companies Registry under the Companies Ordinance (Cap. 622), and overseas institutions.

Declarant Identity. Full legal name of the person making the declaration — matching their Hong Kong Identity Card issued under the Registration of Persons Ordinance (Cap. 177), Hong Kong SAR Passport, or other official identification document exactly. For corporate declarants — officers of companies incorporated under the Companies Ordinance (Cap. 622) — the company name, Companies Registry number, registered office address, and the declarant's capacity (director, company secretary, or other authorised officer under Section 72 of Cap. 622) must be stated.

Capacity and Authority. Where the declarant makes the declaration in a representative capacity — on behalf of a company, trust, or other entity — an express statement of their authority to make the declaration and their role within the entity, referencing the relevant board resolution or power of attorney where applicable.

Subject Matter and Legal Basis. A clear and precise statement of the subject matter of the declaration: the facts being asserted, the legal or administrative context, and — where required — the specific provision requiring the declaration. For Companies Registry filings, reference to the specific section of the Companies Ordinance (Cap. 622); for court documents, reference to the Rules of the High Court; for general declarations, reference to the Oaths and Declarations Ordinance (Cap. 11).

Facts Declared. The specific factual assertions being made, expressed in clear and unambiguous language. Each material fact should be stated separately. Where the declarant speaks from personal knowledge, this should be stated; where from information and belief, the source and grounds should be identified. False statements may constitute an offence under Section 73 of the Crimes Ordinance (Cap. 200).

Date and Place of Execution. The date and location in Hong Kong where the declaration is made, determining the applicable legal framework and the appropriate authenticating authority under the Oaths and Declarations Ordinance (Cap. 11).

Oath or Affirmation. A statement that the declarant swears (on oath) or solemnly affirms that the contents of the declaration are true, in compliance with Section 7 of the Oaths and Declarations Ordinance (Cap. 11), which recognises affirmations as having the same legal effect as oaths.

Declarant's Signature. Original wet-ink signature of the declarant, applied in the physical presence of the Commissioner for Oaths appointed under Section 6 of Cap. 11 or the Notary Public appointed under Section 3 of the Notaries Public Ordinance (Cap. 11A).

Authenticating Official's Certificate. The Commissioner for Oaths or Notary Public's official certification: name, capacity, date of administration, official stamp and signature. For notarisation under Cap. 11A, the notarial certificate confirms the notary's identity, official appointment, and circumstances of notarisation. For mainland China use, subsequent authentication by the China Legal Service (Hong Kong) Co. Ltd (CLSHK) is required.

Forms-legal.com provides a structured Hong Kong Notarised Declaration template covering all required elements under the Oaths and Declarations Ordinance (Cap. 11), the Notaries Public Ordinance (Cap. 11A), and the Companies Ordinance (Cap. 622), downloadable in PDF or Word format for completion before a Commissioner for Oaths appointed under Section 6 of Cap. 11 or a Notary Public appointed under Section 3 of Cap. 11A. The Crimes Ordinance (Cap. 200) Section 36 and Section 73 impose criminal liability for false declarations made before these authorised officials.

A Notarised Declaration in Hong Kong is executed before a Hong Kong Notary Public appointed under the Notaries Public Ordinance (Cap. 11A), or before a Commissioner for Oaths under the Oaths and Declarations Ordinance (Cap. 11), depending on the purpose and destination of the document.

Step 1: Determine the correct authenticating authority. For Hong Kong domestic purposes — Companies Registry filings under Cap. 622, court affidavits before the Court of First Instance or District Court, and regulatory submissions — a Commissioner for Oaths (available at any practising solicitor's office, court registries, and some banks) is sufficient. For overseas use and documents for mainland China or Macau, notarisation by a Hong Kong Notary Public under Cap. 11A is required. Mainland China use additionally requires authentication by the China Legal Service (Hong Kong) Co. Ltd (CLSHK).

Step 2: Draft the declaration fully before attending. Notaries Public and Commissioners for Oaths authenticate execution, not draft content. Complete the text in full: the declarant's full legal name as on their HKID or passport; capacity and authority (for company officers, cite the company name, Companies Registry number, and role under Section 72 of Cap. 622); the subject matter and legal basis; each factual assertion stated separately; and whether the declarant speaks from personal knowledge or information and belief. False or reckless statements are a criminal offence under Section 73 of the Crimes Ordinance (Cap. 200) and Section 14 of Cap. 11.

Step 3: Attend in person. Hong Kong notarisation requires the physical presence of the declarant. Bring original identification — HKID, Hong Kong SAR Passport, or foreign passport — and supporting documents relevant to the facts declared. Where acting for a company, bring the authorising board resolution or power of attorney.

Step 4: Take the oath or affirmation. The official administers an oath or, for those who object to a religious oath, an affirmation under Section 7 of Cap. 11 — both have identical legal effect. Sign the declaration in the official's physical presence.

Step 5: Official applies the certificate and seal. The Notary Public or Commissioner for Oaths records their name, capacity, date and place, and applies their official stamp and signature. For notarisation under Cap. 11A, the notarial certificate confirms the declarant's identity and circumstances of execution.

Step 6: For mainland China use, proceed to CLSHK. Documents for mainland China require notarisation under Cap. 11A followed by authentication at the China Legal Service (Hong Kong) Co. Ltd offices in Wan Chai.

Fees and retention: Notary Public fees are market-set; Commissioner for Oaths fees are nominal. No government filing fee applies to the declaration itself, though fees apply when lodged with a court or registry. Retain the original executed declaration for a minimum of seven years, or longer as required by its purpose.