Affidavit Of Undertaking Template for Hong Kong

An Affidavit of Undertaking is a sworn legal document where you make binding promises or commitments that carry enforceable legal consequences. In Hong Kong's common law system, this document serves as your formal guarantee to perform specific actions, refrain from certain conduct, or maintain particular conditions as required by law, court orders, or commercial agreements.

When do you need this document?

You'll need an Affidavit of Undertaking in various legal and commercial situations. Courts often require these affidavits when granting interim relief, such as injunctions or freezing orders, where you must promise to compensate for any damages if the relief is later found to be wrongly granted. In corporate matters, directors may need to provide undertakings regarding compliance with regulatory requirements or fiduciary duties. Commercial transactions frequently involve undertakings related to warranties, indemnities, or performance guarantees. Regulatory authorities may also require sworn undertakings as part of licensing conditions or compliance frameworks.

Key legal considerations

The most critical aspect of any Affidavit of Undertaking is that your commitments become legally enforceable once sworn. You must clearly define the scope and limitations of your undertaking, including specific timeframes, conditions, and circumstances under which the undertaking applies. Consider including provisions for what happens if circumstances change or if performance becomes impossible due to factors beyond your control. Financial undertakings should specify exact amounts and payment terms, while performance-based undertakings need clear, measurable criteria. Always ensure you have the legal authority and practical ability to fulfill your commitments before swearing the affidavit, as breach can result in contempt of court proceedings or civil liability.

Legal requirements in Hong Kong

Under Hong Kong's Oaths and Declarations Ordinance (Cap. 11), your Affidavit of Undertaking must be sworn before an authorized person, typically a commissioner for oaths, notary public, or judicial officer. The document must include your full personal details, including HKID or passport number, occupation, and address. Both English and Chinese are acceptable languages under the Official Languages Ordinance (Cap. 5), but consistency in language choice is important. The affidavit must contain a formal jurat clause confirming that you swore or affirmed the contents before the authorized officer. For court-related matters, you must comply with the Rules of the High Court (Cap. 4A), Order 41, which governs affidavit form and content. Remember that making false statements constitutes perjury under Section 36 of the Crimes Ordinance (Cap. 200), carrying potential imprisonment and fines.