Witness Affidavit Template for Hong Kong

A Witness Affidavit is a sworn written statement that allows you to provide formal testimony in Hong Kong legal proceedings. This document serves as your official testimony when you cannot appear in person or when written evidence is required to support your case. Under Hong Kong law, witness affidavits must comply with strict procedural requirements and carry the same weight as oral testimony given in court.

When do you need this document?

You will need a witness affidavit when providing evidence in civil litigation, criminal proceedings, or administrative hearings where your testimony is crucial to the case. Courts commonly require witness affidavits during summary judgment applications, interim injunction hearings, or when seeking to admit documentary evidence. You may also need this document for commercial disputes, employment tribunals, immigration matters, or when supporting applications for judicial review. Insurance claims, probate proceedings, and family court matters frequently require witness affidavits to establish facts or verify circumstances surrounding disputed events.

Key legal considerations

Your witness affidavit must contain only facts within your direct knowledge or belief, clearly distinguishing between what you personally witnessed and what you believe based on information received from others. Each paragraph should be numbered and contain only one main fact or piece of evidence. You must include your full name, occupation, and address, along with a statement of your capacity to make the affidavit. Any documents you reference must be properly exhibited and marked accordingly. The document must conclude with a formal statement of truth declaring that the contents are accurate to the best of your knowledge and belief. Remember that making false statements in an affidavit constitutes perjury under section 36 of the Crimes Ordinance, which can result in imprisonment for up to seven years.

Legal requirements in Hong Kong

Under the Oaths and Declarations Ordinance (Cap. 11), your witness affidavit must be sworn or affirmed before an authorized person, including a Commissioner for Oaths, solicitor, notary public, or magistrate. The document must comply with the Rules of the High Court (Cap. 4A) regarding format, numbering, and content requirements. You must sign the affidavit in the presence of the authorized person, who will then sign and seal the document to confirm its validity. If you are not fluent in English or Chinese, you may require a certified translator, and the affidavit must include a statement confirming the translation's accuracy. The Evidence Ordinance (Cap. 8) governs how your affidavit evidence will be admitted and considered by the court, including requirements for serving copies on opposing parties within prescribed timeframes.