Highlights

Course Objective:

An affidavit and a statutory declaration are both written statements of fact. They are used respectively in court proceedings and outside court and we all sooner or later will come across them. Untrue affidavits and untrue statutory declarations are matters leading to criminal offences. Due to more mobile people and more globalised businesses, cross border issues about affidavits and declarations arise from time to time. In this seminar, the speaker will explain the relevant legislations, and illustrate with court decided cases. He will share his experience in notarising statutory declarations during Covid-19.

The speaker will demonstrate how to administer an oath for an affidavit.

Course Outline:

1. Manner of Administering Oaths
2. Solemn Affirmations in Lieu of Oaths
3. Interpretation of Oaths and Solemn Affirmations
4. Affidavits
   • Formal requirements for Affidavits to be produced in the Courts
5. Affirmations in Writing
6. Statutory Declarations
7. Hague Apostille Convention 1961
8. Cross Border Issues
   • Yiu Ping Fong & Another v Lam Lai Hing [1999] 1 HKLRD 793
   • Top Flying Investment Limited v Open Mission Assets Limited [2006] 4 HKLRD 83
9. Offences
   • Crimes Ordinance, Cap 200
     • ．s. 31
     • ．s. 36
     • ．s. 40
   • R v Low, HCMA1180/1996
   • HKSAR v. Kanjanapas Chong Kwong, Derek And Others, DCCC 298/2005
10. Questions & Answers
     

Note: No video playback will be available.

Speaker(s)

Mr. Samuel Li, Notary Public, and Solicitor, is the Sole Proprietor of Samuel Li & Co., Solicitors & Notaries.

Samuel now focuses on notarial practices. In the preceding 20+ years as a Hong Kong Notary Public, he has an excellent track record in providing notarial services to clients including overseas government, and world's leading brand companies. More than 70 countries and regions on world's 5 continents have accepted Samuel's notarised documents. Samuel has given 72 seminars to professionals to demonstrate notarial practice, with total audience exceeding 4,200. Samuel is the author of the soon released notarial book named "Notarial Services in Hong Kong: General Principles, Values and Practice". Samuel has received 14 Pro Bono Legal Services Awards & Professional Volunteer Service Awards respectively from the Home Affairs Bureau of the HKSAR, The Law Society of Hong Kong and Hong Kong Council of Volunteering in recognition of his promoting legal knowledge and professional volunteering services to the public. In 2014, Samuel was nominated by the Hong Kong Law Society to participate in the Second Leadership Bauhinia Volunteer Award Selection organized by the Agency for Volunteer Service.