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What is an Affidavit?

An Affidavit is a written statement you make under oath, declaring that your statements are true. In Hong Kong's legal system, these sworn documents carry serious weight - making false statements in an Affidavit can lead to criminal charges for perjury. You'll often sign these in front of a solicitor, commissioner for oaths, or notary public who officially witnesses your declaration.

Courts and government departments in Hong Kong rely on Affidavits for everything from civil lawsuits to immigration applications. They're essential when you need to formally verify facts, like confirming your identity, proving your address, or testifying about events in legal proceedings. Think of it as giving written testimony with the same legal force as speaking under oath in court.

When should you use an Affidavit?

You need an Affidavit when Hong Kong courts or government agencies require formal proof of facts under oath. Common situations include filing for probate after someone passes away, supporting your position in civil litigation, or providing evidence in family court proceedings like divorce or child custody cases.

These sworn statements are crucial for immigration matters, like proving genuine relationships for dependent visas or verifying employment details. Banks and financial institutions often request Affidavits to confirm identity or account ownership. Real estate transactions might require them to prove property ownership or declare the source of funds. Getting one wrong can delay your case or lead to serious legal consequences, so it's worth consulting a solicitor.

What are the different types of Affidavit?

Who should typically use an Affidavit?

  • Individuals Making Declarations: People who need to formally verify facts under oath, such as visa applicants, property buyers, or witnesses in court cases
  • Solicitors and Notaries: Legal professionals who witness signatures, verify identities, and ensure Affidavits meet Hong Kong's legal requirements
  • Court Officials: Judges and magistrates who rely on Affidavits as sworn evidence in legal proceedings
  • Government Departments: Immigration, housing, and other agencies that require Affidavits for official processes
  • Financial Institutions: Banks and lenders who request Affidavits to verify customer information or asset ownership

How do you write an Affidavit?

  • Identify Purpose: Determine exactly why you need the Affidavit and which Hong Kong authority will receive it
  • Gather Facts: Collect all relevant documents, dates, and details that support your sworn statements
  • Draft Clearly: Use our platform to generate a legally sound Affidavit template that includes all required elements
  • Include Details: State your full legal name, HKID number, address, and relationship to the matter at hand
  • Review Thoroughly: Check all facts and statements for accuracy - remember, you're swearing these are true
  • Arrange Witnessing: Schedule an appointment with a solicitor or commissioner for oaths to witness your signature

What should be included in an Affidavit?

  • Title and Case Reference: Clear heading stating "Affidavit" and any related court case numbers or file references
  • Deponent Details: Full legal name, occupation, and Hong Kong address of the person making the sworn statement
  • Statement of Truth: Formal declaration that all facts stated are true to the best of knowledge and belief
  • Numbered Paragraphs: Clear, sequential paragraphs stating each fact or claim separately
  • Jurat: Official closing stating where and when the Affidavit was sworn
  • Witness Details: Name, qualification, and signature of the authorized witness (solicitor or commissioner for oaths)
  • Exhibits: Clear labeling and attachment of any supporting documents

What's the difference between an Affidavit and an Affidavit and Indemnity Agreement?

An Affidavit differs significantly from an Affidavit and Indemnity Agreement in several key ways. While both are formal legal documents, they serve distinct purposes in Hong Kong's legal system.

  • Legal Purpose: An Affidavit is purely a sworn statement of facts, while an Affidavit and Indemnity Agreement combines sworn statements with promises to protect against future losses
  • Binding Effect: Affidavits only bind the deponent to the truth of their statements, whereas Indemnity Agreements create ongoing financial obligations
  • Common Usage: Affidavits are used for court evidence or official declarations, while Affidavit and Indemnity Agreements are common in business transactions and property dealings
  • Legal Requirements: Both need witnessing, but Indemnity Agreements require additional elements like consideration and acceptance terms
  • Risk Protection: Affidavits focus on verifying facts, while Indemnity components provide financial protection against specific risks or losses

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Affidavit Of Financial Means

A sworn statement under Hong Kong law detailing an individual's complete financial position, used primarily in family court proceedings for maintenance and asset division matters.

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Affidavit Of Cohabitant

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A sworn legal declaration under Hong Kong law that formally attests to the details of a person's birth when original documentation is unavailable or additional proof is needed.

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Affidavit Of Being Single

A legally binding declaration under Hong Kong law confirming an individual's unmarried status, sworn before authorized officials for official purposes.

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Affidavit Of Authorization

A legally binding sworn statement under Hong Kong law that authorizes another party to act on behalf of the declarant, witnessed by a Commissioner for Oaths or Notary Public.

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Affidavit Of Acceptance

A sworn legal document used in Hong Kong to formally declare acceptance of a position, role, or responsibility, executed before a Commissioner for Oaths.

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Affidavit Of Abandonment

A sworn legal document under Hong Kong law declaring the voluntary abandonment of rights, claims, or property, executed before a Commissioner for Oaths.

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Affidavit Letter Of Support

A Hong Kong-compliant sworn declaration documenting a formal commitment to provide support (financial, accommodation, or other) to a specified beneficiary.

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Affidavit Of Assets

A sworn legal document under Hong Kong law that provides a comprehensive declaration of an individual's assets, liabilities, and financial interests.

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Affidavit Of Alteration

A sworn legal document used in Hong Kong to officially record and validate changes made to existing legal documents, sworn before a Commissioner for Oaths or Notary Public.

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Affidavit Of Agreement

A formal sworn document under Hong Kong law confirming the existence or terms of an agreement, executed before authorized officials.

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Affidavit For No Criminal Record

A sworn legal declaration made under Hong Kong law certifying that the declarant has no criminal record, typically used for official or employment purposes.

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Affidavit Of Acknowledgement

A formal sworn statement under Hong Kong law where an individual acknowledges specific facts, signatures, or documents before a qualified official.

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Affidavit For Delayed Registration Of Birth

A sworn legal document used in Hong Kong to formally request the registration of a birth after the standard 42-day registration period has elapsed.

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Affidavit For Collection Of Personal Property

A sworn legal document used in Hong Kong to declare and establish an individual's right to collect specific personal property, commonly used in estate and property matters.

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Address Affidavit

A legally binding sworn statement verifying a person's residential address under Hong Kong law, authenticated by authorized officials.

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