An affidavit is a written statement of facts sworn on oath or affirmed, usually for court proceedings. A statutory declaration is a similar written statement made under the Oaths and Declarations Ordinance, typically for non-court purposes such as immigration, corporate or administrative matters. Both must be signed before an authorised person, and false statements carry serious legal consequences.
1. What Is the Difference?
The two documents look similar and are often confused. Both record facts in the first person, are divided into numbered paragraphs, and are signed in front of an authorised person. The main differences lie in purpose and formality.
| Feature | Affidavit | Statutory Declaration |
|---|---|---|
| Typical use | Court and tribunal proceedings | Administrative, commercial, immigration and personal matters |
| How it is made | Sworn on oath or affirmed | Declared to be true under the Ordinance |
| Who witnesses it | Commissioner for Oaths or other authorised person | Notary public, Commissioner for Oaths or other authorised person |
| Consequence of falsehood | Potential perjury offence | Potential criminal offence for a knowingly false statement |
2. When Might You Need One?
The requesting party, whether a court, government department, bank or foreign authority, will normally specify which document it wants. Common situations include:
- Confirming a name change, or that two names refer to the same person
- Declaring marital status or the absence of a legal impediment to marriage
- Supporting an immigration or visa application where a document is missing or an explanation is required
- Confirming the loss of an original certificate or document
- Verifying facts about a company, such as ownership or the authority of a signatory
- Providing evidence in litigation, including interim applications
3. How the Process Works
Preparation matters more than the signing itself. A typical process looks like this:
- Draft the document. Set out facts clearly and in order. Include only matters within your own knowledge, or state the source of any information you are relying on.
- Review carefully. You are responsible for every statement. Check dates, names, and figures against your records.
- Attend before an authorised person. Bring valid photo identification. The person administering the oath or declaration will confirm your identity and ask you to confirm the contents.
- Sign and have the document witnessed. Exhibits, if any, are usually marked and attached at this stage.
- Arrange further authentication if needed. Documents for use outside Hong Kong may require notarisation and an apostille or consular legalisation, depending on the destination country.
4. Common Mistakes to Avoid
Many problems arise from rushed preparation. Signing a document you have not fully read, including opinion or speculation as fact, and using a template that does not fit the receiving authority's requirements are the most frequent issues. Language is another concern: if you do not read the document's language fluently, a translation and a declaration by the translator may be needed so the contents are properly understood.
Also check requirements in advance. Some foreign authorities want specific wording, a particular type of witness, or additional authentication, and these can differ from one jurisdiction to another.
Frequently Asked Questions
Can I make a statutory declaration if I am outside Hong Kong?
Yes, in many cases. You can usually make it before a notary public or other authorised person in the country where you are located. Whether the receiving Hong Kong body will accept it depends on its requirements, so confirm this beforehand and ask about any additional authentication.
Is a statutory declaration enough for court proceedings?
Not usually. Courts generally require evidence by affidavit or another prescribed form, depending on the type of proceedings. Rules vary by court and application, so you should confirm the correct format with the court or a legal adviser before preparing the document.
What happens if I make a mistake after signing?
A signed document should not simply be altered. Depending on the circumstances, a corrected or supplementary document may be needed, and in court matters the court's permission or specific procedures may apply. Seek advice promptly if you discover an error.
If you need an affidavit or statutory declaration prepared, witnessed, or authenticated for use in Hong Kong or overseas, our team can discuss your specific situation and the requirements involved. Get in touch to find out how we can help.