Pre Employment Declaration for Hong Kong

Pre Employment Declaration Template for Hong Kong

A Pre-Employment Declaration is a formal document used in Hong Kong's employment process where prospective employees declare and certify various aspects of their background, qualifications, and eligibility to work. The document, governed by Hong Kong employment law including the Employment Ordinance and Personal Data (Privacy) Ordinance, requires candidates to confirm the accuracy of their application information, disclose relevant personal history, and provide consent for data processing. It serves as a legal safeguard for employers while ensuring compliance with Hong Kong's strict employment and privacy regulations.

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What is a Pre Employment Declaration?

The Pre-Employment Declaration is a crucial document in Hong Kong's hiring process, typically issued after a conditional job offer but before employment commences. It requires prospective employees to make formal declarations about their personal background, employment eligibility, and qualifications, while ensuring compliance with Hong Kong's employment laws, including the Employment Ordinance and Personal Data (Privacy) Ordinance. The document serves multiple purposes: it verifies candidates' credentials, establishes legal compliance, particularly regarding work authorization and personal data protection, and provides employers with recourse in cases of false declarations. This document is especially important in Hong Kong's business environment, where regulatory compliance and proper documentation are paramount.

What sections should be included in a Pre Employment Declaration?

1. Personal Information: Employee's full name, HKID/passport number, contact details, and current address

2. Immigration Status: Declaration of right to work in Hong Kong and current visa status if applicable

3. Previous Employment: Declaration regarding any existing employment contracts or non-compete obligations

4. Application Accuracy: Declaration that all information provided during the application process is true and complete

5. Criminal Record: Declaration of any unspent criminal convictions relevant to the role

6. Health Status: Declaration of any medical conditions that might affect job performance (must comply with Disability Discrimination Ordinance)

7. Data Privacy Consent: Consent for collection, processing, and sharing of personal data in accordance with PDPO

8. Acknowledgment: Acknowledgment that false declarations may result in termination or withdrawal of job offer

9. Signature Block: Space for declarant's signature, date, and witness details if required

What sections are optional to include in a Pre Employment Declaration?

1. Professional Qualifications: Declaration of professional qualifications and licenses when required for regulated professions

2. Bankruptcy Status: Declaration of bankruptcy status, typically required for financial sector positions

3. Conflicts of Interest: Declaration of any business interests or relationships that might conflict with the role

4. Medical Examination Consent: Consent to undergo medical examination if required for the role

5. Security Clearance: Declaration related to security clearance requirements for sensitive positions

6. Intellectual Property: Declarations regarding previous IP obligations that might affect new employment

What schedules should be included in a Pre Employment Declaration?

1. Schedule 1 - Prohibited Occupations: List of positions or industries where the candidate has agreed not to work due to previous employment restrictions

2. Schedule 2 - Required Documentation: Checklist of documents that must be provided to support the declarations made

3. Schedule 3 - Data Privacy Policy: Detailed privacy policy explaining how personal data will be collected, used, and stored

4. Appendix A - Professional Credentials: List of required professional qualifications and certifications for the role

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 | Serial Founder & Legal AI Author

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Employment Form

Cost

Free to use
Relevant legal definitions
Relevant Industries

Financial Services

Banking

Insurance

Legal Services

Healthcare

Education

Technology

Manufacturing

Retail

Professional Services

Transportation

Hospitality

Construction

Real Estate

Telecommunications

Relevant Teams

Human Resources

Legal

Compliance

Risk Management

Talent Acquisition

Employee Relations

Operations

Administration

Corporate Governance

Relevant Roles

Human Resources Director

HR Manager

Recruitment Manager

Compliance Officer

Legal Counsel

HR Business Partner

Talent Acquisition Specialist

Employee Relations Manager

HR Administrator

Hiring Manager

Department Head

Risk Manager

Operations Manager

Company Secretary

Chief Human Resources Officer

Industries
Personal Data (Privacy) Ordinance (Cap. 486): Governs the collection, use, and handling of personal data. Relevant for ensuring proper consent is obtained for collecting and processing employee information.
Employment Ordinance (Cap. 57): Main employment legislation in Hong Kong that sets out basic employment terms and conditions. Relevant for ensuring the declaration aligns with basic employment rights and obligations.
Immigration Ordinance (Cap. 115): Requires verification of an individual's right to work in Hong Kong. The declaration should include statements about immigration status and right to work.
Sex Discrimination Ordinance (Cap. 480): Prohibits discrimination based on sex, marital status, and pregnancy. Declaration must not contain discriminatory elements.
Disability Discrimination Ordinance (Cap. 487): Protects against discrimination based on disability. Declaration must ensure any health-related questions are compliant.
Race Discrimination Ordinance (Cap. 602): Prevents discrimination based on race. Declaration must not include any racially discriminatory elements.
Family Status Discrimination Ordinance (Cap. 527): Protects against discrimination based on family status. Declaration must not unfairly disadvantage those with family responsibilities.
Contracts (Rights of Third Parties) Ordinance (Cap. 623): Relevant for understanding how the declaration might affect or be enforced by third parties.
Rehabilitation of Offenders Ordinance (Cap. 297): Relevant if the declaration includes questions about criminal history, as it governs the disclosure of spent convictions.
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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