Affidavit (Hong Kong)

An Affidavit in Hong Kong puts on record a formal declaration of facts attested to by the declarant.

The Oaths and Declarations Ordinance (Cap. 11) is the principal statutory framework governing affidavits in Hong Kong. Section 3 of Cap. 11 authorises judges, masters, registrars, and other judicial officers to administer oaths and take affidavits for the purposes of the proceedings before them. Section 4 authorises Commissioners for Oaths — a category that includes all practising solicitors enrolled on the roll maintained by the Law Society of Hong Kong — to administer oaths and take affidavits for use in any court in Hong Kong. Section 5 permits a deponent who objects to taking an oath on grounds of religious or conscientious belief to make a solemn affirmation in lieu of an oath, with the same legal effect.

Affidavits are used throughout Hong Kong's court system governed by the Judiciary of the Hong Kong Special Administrative Region. The Court of Final Appeal, the Court of Appeal, and the Court of First Instance (all divisions of the High Court) use affidavits as the primary form of written evidence in civil proceedings governed by the Rules of the High Court (Cap. 4A). The District Court uses affidavits in proceedings governed by the Rules of the District Court (Cap. 336H). Family proceedings in the Family Court rely extensively on affidavits for evidence on matters such as matrimonial assets, custody arrangements under the Guardianship of Minors Ordinance (Cap. 13), and maintenance claims.

A critical distinction in Hong Kong procedure is between affidavits and witness statements. Under Order 38 of the Rules of the High Court (Cap. 4A), the court may direct that evidence at trial be given by witness statement rather than affidavit. However, affidavits remain the required form for interlocutory applications, injunctions, summary judgment applications, and many other procedural steps. Applications for Mareva injunctions (freezing orders) and Anton Piller orders (search orders) before the Court of First Instance must be supported by affidavit evidence because of the ex parte nature of these applications and the need for full and frank disclosure.

The Inland Revenue Department (IRD), the Immigration Department, the Land Registry, the Probate Registry of the High Court, the Companies Registry, and the Mandatory Provident Fund Schemes Authority (MPFA) all accept affidavits as evidence in various administrative and regulatory contexts. In probate proceedings under the Probate and Administration Ordinance (Cap. 10), the executor or administrator must swear an affidavit of assets and liabilities of the deceased estate as part of the application for a grant of probate or letters of administration before the Probate Registry of the High Court.

An Affidavit in Hong Kong is needed in any situation where sworn written evidence of facts is required for court proceedings, administrative processes, or other formal legal purposes under Hong Kong law.

Civil court proceedings before the Court of First Instance or District Court require affidavits to support or oppose interlocutory applications — including applications for injunctions under Order 29 of the Rules of the High Court (Cap. 4A), applications for summary judgment under Order 14, applications for security for costs, and applications to set aside default judgments. Commercial litigation before the Court of First Instance regularly involves multiple rounds of affidavit evidence as parties dispute facts in pre-trial applications.

Family court proceedings covering matrimonial causes under the Matrimonial Causes Ordinance (Cap. 179), ancillary relief applications, and children matters under the Guardianship of Minors Ordinance (Cap. 13) all require affidavit evidence. A spouse making a claim for financial provision on divorce must file a Form E (financial statement) supported by an affidavit verifying the accuracy of the disclosed assets and liabilities.

Probate and estate administration under the Probate and Administration Ordinance (Cap. 10) requires the executor or proposed administrator to swear an affidavit confirming the date of the deceased's death, the validity of the will (if any), and the assets and liabilities of the estate. The Probate Registry of the High Court requires the sworn affidavit before issuing a grant of probate or letters of administration.

Immigration and right of abode applications before the Immigration Department may require supporting affidavits where official documentary evidence is unavailable — for example, where a person seeks to establish right of abode in Hong Kong based on Chinese descent under the Immigration Ordinance (Cap. 115) and primary records have been lost or destroyed.

Commercial and banking transactions sometimes require affidavits to support applications for replacement certificates for lost share certificates under the Companies Ordinance (Cap. 622), to support claims under performance bonds or on-demand guarantees, or to confirm the identity of parties where standard documentation is unavailable.

Arbitration proceedings under the Arbitration Ordinance (Cap. 609) frequently use affidavit evidence at the interlocutory stage, particularly in applications to the Court of First Instance for recognition and enforcement of foreign arbitral awards under Article 34 or Article 36 of the UNCITRAL Model Law (as adopted under Cap. 609), or for interim measures under Section 45 of Cap. 609.

Statutory declarations distinguish themselves from affidavits in that they are not sworn before a court-related officer but made under the Oaths and Declarations Ordinance (Cap. 11) before any authorised person for non-contentious administrative purposes. Where a court proceeding or adversarial process is involved, an affidavit sworn before a Commissioner for Oaths is the appropriate form.

A properly drafted Affidavit for use in Hong Kong court proceedings or legal matters under the Oaths and Declarations Ordinance (Cap. 11) must include the following essential elements to be formally valid and admissible.

Title and court heading: Where the affidavit is for use in court proceedings, the heading must identify the court (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 in the format used in those proceedings. Where the affidavit is for non-contentious use (e.g., for the Probate Registry or a government department), the title should identify the relevant administrative matter.

Deponent identification: The opening paragraph of the affidavit must identify the deponent by full legal name matching the Hong Kong Identity Card, HKID number, occupation, and residential address in Hong Kong. If the deponent is resident outside Hong Kong, the overseas address must be stated. The deponent must confirm their authority to make the affidavit — for example, a director making an affidavit on behalf of a company must confirm their capacity as a director.

Statement of belief and knowledge: Each affidavit must contain the standard declaration that the facts stated are within the deponent's own knowledge, unless stated to be made on information and belief. Where facts are stated on information and belief, the source of the information and the grounds for the belief must be identified. The Rules of the High Court (Cap. 4A), Order 41, rule 5 requires that affidavits contain only facts within the deponent's personal knowledge, except on interlocutory applications where hearsay is permitted.

Numbered paragraphs of evidence: The body of the affidavit must be set out in consecutively numbered paragraphs, each addressing a distinct fact or group of related facts. Paragraphs must be concise, factual, and free from argument and legal submissions — submissions belong in written skeleton arguments or counsel's submissions, not in affidavit evidence. The affidavit should not reproduce documents in full where they are exhibited.

Exhibits: Documents referred to in the affidavit must be exhibited and identified by a sequential exhibit mark (e.g., 'Exhibit A', 'Exhibit B', or using the deponent's initials followed by a number: 'TMC-1', 'TMC-2'). Each exhibit must be identified in the affidavit by the exhibit mark and a brief description. The exhibit must be physically attached to or bundled with the affidavit and endorsed with the exhibit mark and the jurat signed by the Commissioner for Oaths or other authorised officer.

Jurat: The jurat is the formal attestation at the foot of the affidavit confirming that it was sworn or affirmed before an authorised officer. The jurat must state: 'Sworn [or 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, and their official stamp. The deponent must sign the affidavit in the presence of the administering officer, who must also sign the jurat. An affidavit without a properly completed jurat is not formally valid.

Amendment: Amendments to affidavits must be initialled by both the deponent and the administering officer. Alterations made after the jurat has been signed require a fresh affidavit rather than amendment. The Court of First Instance and District Court registries will reject defective affidavits on filing.

Filing and service: Affidavits for use in court proceedings must be filed at the relevant court registry and served on the opposing party in accordance with the timelines specified in the relevant court order or the Rules of the High Court (Cap. 4A). Filing fees are payable at the court registry. Forms-legal.com provides a Hong Kong affidavit template structured in accordance with the requirements of Cap. 11 and the Rules of the High Court, covering all formal requirements for court use.