Statutory Declaration (Hong Kong)

A Statutory Declaration in Hong Kong is a solemn written statement of facts made under the Oaths and Declarations Ordinance (Cap. 11) and declared to be true before a Commissioner for Oaths, Notary Public, or Justice of the Peace appointed under the Justices of the Peace Ordinance (Cap. 510). Statutory declarations are among the most frequently used legal documents in Hong Kong for formally confirming facts in non-judicial contexts — from government department applications to insurance claims and professional licensing.

The legal foundation of the statutory declaration rests on Cap. 11, which prescribes the required form and specifies who may administer the declaration. Section 6 of Cap. 11 sets out the standard form of declaration, and the Oaths and Declarations Ordinance grants authorised persons — Commissioners for Oaths appointed under the Legal Practitioners Ordinance (Cap. 159), Notaries Public, and Justices of the Peace — the power to witness declarations. Without proper witnessing by an authorised person, a statutory declaration has no legal effect.

Section 36 of the Crimes Ordinance (Cap. 200) makes it a criminal offence to make a false statutory declaration knowingly or without honest belief in its truth. The maximum penalty is 2 years’ imprisonment and a fine. This criminal sanction gives the statutory declaration far greater legal weight than a simple written statement or statutory declaration signed without witnessing — it is a document that courts and government authorities can rely on as a formal admission of the facts stated.

Statutory declarations are used across a wide range of purposes in Hong Kong. The Immigration Department requires them for applications relating to residency, citizenship renunciation, and family relationships. The Inland Revenue Department (IRD) uses them to support claims for tax exemptions and deductions. The Companies Registry accepts statutory declarations in connection with company incorporation, restoration of struck-off companies, and declarations of solvency under the Companies Ordinance (Cap. 622). The Probate Registry of the High Court requires statutory declarations in non-contentious probate applications. Insurance companies require them to support claims where documentary evidence is unavailable.

For name changes in Hong Kong, a statutory declaration supports the execution of a Deed Poll — the declarant states the facts of the name change and the reasons for it. The Law Society of Hong Kong, Medical Council, Hong Kong Institute of Certified Public Accountants, and other professional licensing bodies accept statutory declarations to confirm facts relevant to licensing applications.

Hong Kong’s statutory declaration regime is distinct from those in mainland China and other jurisdictions. Documents executed in Hong Kong and intended for use in mainland China may require notarisation by a Hong Kong notary public who is also a notary authorised by the Ministry of Justice of China. For use in common law jurisdictions such as the United Kingdom or Australia, the Hong Kong statutory declaration is generally recognised without further authentication, though some institutions may require an apostille or consular certification from the destination country’s consulate in Hong Kong.

A Statutory Declaration in Hong Kong is needed whenever a person must formally confirm facts before an authorised witness, and a signed-but-unwitnessed statement would not carry sufficient legal weight. The Oaths and Declarations Ordinance (Cap. 11) and the requirements of government authorities and private institutions determine when this document is specifically required.

Government department applications represent the most common use case. The Immigration Department requires statutory declarations in applications for Right of Abode, spousal visas, and other immigration status changes where the applicant must confirm facts about family relationships, residency history, or identity. The Inland Revenue Department (IRD) requires them to support claims for personal tax exemptions and deductions under the Inland Revenue Ordinance (Cap. 112).

Probate and estate administration regularly requires statutory declarations in Hong Kong. The Probate Registry of the Court of First Instance requires statutory declarations confirming family relationships, the existence or non-existence of a will, and the assets of the estate. Executors and administrators must make statutory declarations to confirm their capacity and authority.

Company administration under the Companies Ordinance (Cap. 622) requires statutory declarations in several situations: the declaration of solvency required for a members’ voluntary winding up under Section 228 of Cap. 622; declarations confirming facts for company restoration applications; and beneficial ownership declarations filed with the Companies Registry.

Insurance claims are a significant use case. Where original documents have been lost — such as a lost share certificate, title deed extract, or vehicle registration document — the insurer or relevant authority typically requires a statutory declaration confirming the loss before issuing a replacement or paying a claim.

Name changes through Deed Poll require a supporting statutory declaration. The declarant states the facts of the name change — that they are abandoning their former name and adopting a new name — and this declaration supports the Deed Poll in evidence before government departments, banks, and other institutions.

Professional licensing applications to the Medical Council of Hong Kong, the Dental Council, the Nursing Council, the Social Workers Registration Board, and the Hong Kong Institute of Certified Public Accountants sometimes require statutory declarations to confirm facts about professional history, qualifications, or character.

Property matters including confirmation of beneficial ownership, family trust arrangements, and adverse possession claims may require statutory declarations as supporting evidence before the Land Registry or the Lands Tribunal.

A Statutory Declaration in Hong Kong must contain specific elements prescribed by the Oaths and Declarations Ordinance (Cap. 11) to be legally valid and accepted by courts, government departments, and private institutions. Each element serves a distinct legal function.

Declarant identification forms the opening of the declaration. The declarant must state their full name exactly as it appears on their Hong Kong Identity Card (HKID) or passport, their HKID number, their residential address, and their occupation. Accurate identification is essential — a discrepancy between the name in the declaration and the declarant’s identity documents may cause the declaration to be rejected by the Immigration Department, IRD, or other authorities.

The statement of facts constitutes the substance of the declaration. Each fact must be stated clearly, concisely, and in numbered paragraphs for ease of reference. The facts should be within the declarant’s personal knowledge — a statutory declaration is not the appropriate vehicle for hearsay evidence unless the declarant clearly states the basis of their belief. Legal conclusions should be avoided; the declaration should state the facts and allow the receiving authority to draw its own legal conclusions.

The purpose statement identifies why the declaration is being made — for example, "for the purpose of supporting an application to the Immigration Department" or "for the purpose of confirming the loss of a share certificate." The purpose statement helps the receiving authority confirm the declaration is relevant to their requirements.

The criminal consequence warning must appear in the declaration. The prescribed form under Cap. 11 includes language confirming that the declarant knows that a false declaration is a criminal offence under Section 36 of the Crimes Ordinance (Cap. 200), punishable by imprisonment. This warning confirms the declarant’s understanding of the seriousness of the declaration.

The jurat is the authentication block at the end of the declaration where the witnessing officer confirms the declaration was made before them. The jurat must state: the full name and title of the witnessing officer (Commissioner for Oaths, Notary Public, or Justice of the Peace); the date and place of witnessing; the witnessing officer’s signature; and their official stamp or seal.

Related documents that frequently accompany a statutory declaration include a Deed Poll for name changes, an Affidavit for court proceedings, and supporting documentary evidence that the declaration references. Forms-legal.com provides templates for statutory declarations, affidavits, and related documents to support the full range of Hong Kong legal requirements.

Stamp duty treatment: unlike conveyances and tenancy agreements subject to the Stamp Duty Ordinance (Cap. 117), a statutory declaration itself does not attract stamp duty and does not need to be submitted to the Inland Revenue Department for stamping. The witnessing officer’s stamp is authentication only, not a tax endorsement.