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Background Declaration Form Template for Hong Kong

A comprehensive legal document used in Hong Kong for collecting and verifying background information from individuals in compliance with Hong Kong's Personal Data (Privacy) Ordinance and related regulations. The form serves as a sworn declaration of personal history, including professional background, qualifications, legal status, and other relevant information required for employment, regulatory compliance, or corporate governance purposes. It includes specific provisions for data protection and privacy in accordance with Hong Kong law, while ensuring thorough disclosure of material information required for risk assessment and due diligence.

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What is a Background Declaration Form?

The Background Declaration Form is a crucial document used in Hong Kong's business and regulatory environment to gather and verify important information about individuals for various purposes, including employment, directorship appointments, and regulatory compliance. The form is designed to comply with Hong Kong's legal framework, particularly the Personal Data (Privacy) Ordinance (Cap. 486) and relevant employment legislation. It typically includes declarations about personal history, professional qualifications, criminal record, financial status, and other relevant information necessary for due diligence and risk assessment. The document plays a vital role in corporate governance and regulatory compliance, especially in regulated industries where thorough background verification is mandatory. The structured nature of the Background Declaration Form ensures consistent and comprehensive information gathering while protecting both the declarant's privacy rights and the organization's interests.

What sections should be included in a Background Declaration Form?

1. Personal Information: Basic identification details including full legal name, HKID/passport number, date of birth, and contact information

2. Data Collection Statement: Statement explaining the purpose of data collection, use, and processing in compliance with PDPO

3. Consent Declaration: Express consent for collection and processing of personal data, including any third-party verifications

4. Employment History: Declaration of previous employment details for the past specified period

5. Educational Background: Declaration of academic qualifications and professional certifications

6. Criminal Record Declaration: Declaration regarding any criminal convictions or pending proceedings

7. Financial Status Declaration: Declaration regarding bankruptcy, insolvency, or financial obligations

8. Truth and Accuracy Statement: Declaration that all information provided is true, accurate, and complete

9. Signature Block: Space for signature, name, date, and witness details if required

What sections are optional to include in a Background Declaration Form?

1. Regulatory Licenses: Declaration of any regulatory licenses held or revoked, used for regulated industries like financial services or healthcare

2. Directorship History: Declaration of current and past directorships, used for corporate appointments

3. Professional Memberships: Declaration of professional body memberships and any disciplinary actions, relevant for professional positions

4. Conflict of Interest: Declaration of any potential conflicts of interest, important for senior positions or regulated roles

5. Health Declaration: Declaration of health conditions that may affect job performance, only when legally permitted and job-relevant

6. Immigration Status: Declaration of right to work in Hong Kong, used for non-permanent residents

7. References Authorization: Authorization to contact provided references, used in employment contexts

What schedules should be included in a Background Declaration Form?

1. Schedule 1 - Detailed Instructions: Comprehensive instructions for completing the form and explanations of key terms

2. Schedule 2 - Privacy Policy: Detailed privacy policy and data handling procedures

3. Schedule 3 - Required Supporting Documents: List of documents required to support the declarations made

4. Appendix A - Definitions: Definitions of key terms used in the declaration form

5. Appendix B - Criminal Offences Guide: Guide to what criminal offences must be declared and spent conviction rules

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Ƶ

Document Type

Declaration Form

Cost

Free to use
Relevant legal definitions


































Clauses




















Relevant Industries

Financial Services

Banking

Insurance

Legal Services

Healthcare

Education

Public Administration

Professional Services

Technology

Real Estate

Construction

Transportation

Retail

Hospitality

Manufacturing

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Risk Management

Corporate Governance

Operations

Administration

Internal Audit

Finance

Corporate Secretarial

Relevant Roles

Chief Executive Officer

Executive Director

Non-Executive Director

Company Secretary

Compliance Officer

Risk Manager

Human Resources Manager

Legal Counsel

Financial Controller

Department Head

Senior Manager

Licensed Representative

Professional Staff

Technical Specialist

Project Manager

Operations Manager

Account Manager

Investment Advisor

Insurance Agent

Teaching Professional

Industries







Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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