Declaration Letter Template for Hong Kong

A Declaration Letter under Hong Kong law is a formal written statement where an individual or entity makes specific declarations or affirmations regarding facts, circumstances, or intentions. This document carries legal weight and must comply with Hong Kong's Oaths and Declarations Ordinance (Cap. 11) when used as a statutory declaration. It serves as a binding statement of truth that can be relied upon by other parties and may be used in various contexts, from business transactions to regulatory compliance. The document typically requires proper execution and, in certain cases, may need to be witnessed by authorized persons such as solicitors or notaries public.

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What is a Declaration Letter?

A Declaration Letter is a crucial legal instrument in Hong Kong's business and regulatory landscape, used to formally document statements of fact, intentions, or circumstances. This document type is commonly required for regulatory compliance, business transactions, or official proceedings where formal written confirmation is needed. The Declaration Letter must comply with Hong Kong's legal requirements, particularly the Oaths and Declarations Ordinance (Cap. 11) if used as a statutory declaration. It can serve various purposes, from confirming beneficial ownership and declaring conflicts of interest to certifying compliance with regulatory requirements. The document may need to be witnessed by authorized persons depending on its intended use and can be used as evidence in legal proceedings.

What sections should be included in a Declaration Letter?

1. Letterhead: Declarant's name, address, and contact details

2. Date: Date of the declaration

3. Recipient Details: Name and address of the receiving party or authority (if applicable)

4. Declaration Title: Clear title indicating the nature of the declaration

5. Opening Statement: Formal opening identifying the declarant and their capacity to make the declaration

6. Declaration Substance: Clear, numbered paragraphs containing the main declaration statements

7. Truth Statement: Standard statement confirming the truth and accuracy of the declared information

8. Execution Block: Signature section with declarant's details and date

What sections are optional to include in a Declaration Letter?

1. Witness Statement: Required when the declaration needs to be witnessed by a specified person (e.g., solicitor, notary public)

2. Capacity Statement: Required when declaring on behalf of a company or in a specific legal capacity

3. Supporting References: Section referring to attached evidence or supporting documents

4. Declaration of No Conflict: Statement confirming no conflicts of interest, when relevant

5. Confidentiality Statement: Required when the declaration contains sensitive or confidential information

6. Legal Notice: Warning about false declarations, required for statutory declarations

What schedules should be included in a Declaration Letter?

1. Supporting Documents: List and copies of documents referenced in the declaration

2. Evidence Schedule: Detailed factual information supporting the declarations made

3. Identity Documents: Copies of relevant identification documents of the declarant

4. Authorization Documents: Powers of attorney or corporate authorizations if declaring on behalf of another party

Authors

Alex Denne

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

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Declaration Form

Cost

Free to use

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