Same Person Affidavit Template for Hong Kong

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What is a Same Person Affidavit?

The Same Person Affidavit serves as a crucial legal instrument in Hong Kong's multilingual and international business environment. It is commonly required when an individual needs to formally establish that different versions of their name (such as Chinese and English variations, different transliterations, or names changed due to marriage) all refer to the same person. This document is particularly important for property transactions, banking relationships, legal proceedings, or official documentation where name consistency is essential. The affidavit must comply with Hong Kong's Oaths and Declarations Ordinance (Cap. 11) and needs to be properly executed before a Commissioner for Oaths or other authorized person. It typically includes comprehensive personal identification details, explanations for name variations, and supporting documentation.

Frequently Asked Questions

Is a Same Person Affidavit legally binding in Hong Kong?

Yes, a Same Person Affidavit is legally binding in Hong Kong when properly executed under the Oaths and Declarations Ordinance (Cap. 11). It serves as formal legal proof that different name variations refer to the same individual and can be used in official proceedings, property transactions, and banking matters.

Can I use a Same Person Affidavit for both Chinese and English name variations in Hong Kong?

Yes, a Same Person Affidavit in Hong Kong is specifically designed to establish that Chinese and English name variations, different transliterations, or alternative spellings all refer to the same person. This is particularly important in Hong Kong's bilingual legal system where documentation may exist in both languages.

How long does it take to create a Same Person Affidavit in Hong Kong?

Creating a Same Person Affidavit in Hong Kong typically takes 1-3 business days if prepared by a lawyer, or can be done same-day if you prepare it yourself and have it sworn before a Commissioner for Oaths. The swearing process itself usually takes 15-30 minutes once the document is ready.

Can banks reject my application if I don't have a Same Person Affidavit in Hong Kong?

Yes, Hong Kong banks may reject applications or freeze accounts if they cannot verify that different name variations on documents refer to the same person. A Same Person Affidavit provides the legal certainty banks need to proceed with transactions and account operations when name discrepancies exist.

Which common mistakes should I avoid when preparing a Same Person Affidavit in Hong Kong?

Common mistakes include failing to include all name variations used on official documents, not providing sufficient supporting evidence like HKID or passport copies, and having the affidavit sworn by an unauthorized person. Also avoid vague language - be specific about exactly which names and documents the affidavit covers.

How does a Same Person Affidavit differ from a Change of Name Deed in Hong Kong?

A Same Person Affidavit confirms that existing name variations refer to the same person, while a Change of Name Deed formally changes your legal name to a new one. The affidavit is used when you've always been the same person with different name spellings, whereas the deed creates a new legal identity.

Can property transactions in Hong Kong be delayed without a Same Person Affidavit?

Yes, property transactions in Hong Kong can be significantly delayed or even blocked if there are name discrepancies between the seller's identity documents and property title deeds. A Same Person Affidavit resolves these discrepancies and allows the transaction to proceed smoothly through the Land Registry.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

Hong Kong

Publisher

GenieAI

Category

Affidavit

Sector

Business

Cost

Free to use

Last updated

About the Same Person Affidavit

A Same Person Affidavit is a sworn legal declaration that confirms multiple name variations refer to the same individual. In Hong Kong's diverse linguistic landscape, this document plays a vital role in establishing identity consistency across different legal, financial, and administrative contexts. You may need this affidavit when your name appears differently on various documents due to translation variations, marriage, or other legitimate reasons.

When do you need this document?

You will typically require a Same Person Affidavit when conducting property transactions where your name appears differently on title deeds, identity documents, or purchase agreements. Banks and financial institutions often request this document when opening accounts or processing loans if your name variations cause confusion in their verification processes. Legal proceedings may also necessitate this affidavit to ensure all relevant documents and evidence can be properly attributed to you. Additionally, immigration or visa applications may require name clarification when your passport, birth certificate, or other official documents show different name formats.

Key legal considerations

Your affidavit must include comprehensive personal identification details, including your Hong Kong Identity Card number, passport information, and current address. You should provide clear explanations for each name variation, detailing the context and reasons for different spellings or formats. Supporting documentation strengthens your affidavit's validity, such as marriage certificates for surname changes, educational certificates showing name evolution, or official translation documents. The declaration section must explicitly state that all listed names refer to you as the same person, and you should be prepared to provide additional evidence if challenged by reviewing authorities.

Legal requirements in Hong Kong

Under the Oaths and Declarations Ordinance (Cap. 11), your Same Person Affidavit must be sworn before an authorized person, typically a Commissioner for Oaths, solicitor, or notary public. The document must follow prescribed formatting requirements as outlined in the Rules of the High Court (Cap. 4A), including proper heading, numbered paragraphs, and appropriate signature blocks. You must bring valid identification documents when executing the affidavit, and the Commissioner for Oaths will verify your identity before administering the oath. For overseas use, additional authentication or apostille may be required under international conventions. The affidavit becomes a legally binding document once properly executed, and making false statements constitutes perjury under Hong Kong law.

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