OATHS AND DECLARATIONS ORDINANCE

OATHS AND DECLARATIONS ORDINANCE

LAWS OF HONG KONG

OATHS AND DECLARATIONS ORDINANCE

CHAPTER 11

CS 1

REVISED EDITION 1986

PRINTED AND PUBLISHED BY THE GOVERNMENT PRINTER
HONG KONG





CHAPTER 11

OATHS AND DECLARATIONS ORDINANCE

ARRANGEMENT OF SECTIONS

Section .................................. Page

PART 1

PRELIMINARY

1. Short title................................ ... ... ... ... ... ... ... ... 2
2. Interpretation............................. ... ... ... ... ... ... ... ... 2

PART II

OATHS AND DECLARATIONS IN
GENERAL

3. Who may administer oaths ... ... ... ... ... ... ... ... ... ... ... ... 2

4. [Repealed] ................................ ... ... ... ... ... ... ... 2

5. Normal manner of administration of oaths ... ... ... ... ... ... ... ... 2
6. Validity of oath not affected by absence or religious belief ... ... ... ... ... 3
7. Affirmation in lieu of oath ... ... ... ...... ... ... ... ... ... ... ... 3
8. Interpretations of oaths and affirmations ... ... ... ... ... ... ... ... ... 4
9. Unlawful administration of oaths ... ... ... ... ... ... ... ... ... ... 4
10. Admissibility of notarial acts done before British diplomatic and consular officers 4

11. Evidence for foreign civil proceedings 1 . ... ... ... ... 4

PART III

STATUTORY
DECLARATIONS

12. Taking and receiving declarations .. 1 . ... ... ... ... ... ... .. 4
13. Manner of making declarations ............ ... ... ... ... ... 5

14. Form of declaration ... ... ... ... ... ... ... ... ... ... ... ... ... 5
15. Declaration in writing sufficient to prove execution of will etc. ... ... ... ... 5

PART IV

PROMISSORY OATHS

16. Forms of Oaths ........................... ... ... ... ... ... ... ... 5

17. Oaths of judicial officers ... ... ... ... ... ... ... ... ... ... ... ... 5
is. Oaths of Executive Councillors ... ... ... ... ... ... ... ... ... ... ... 5
19. Oath of Legislative Councillors ... ... ... ... ... ... ... ... ... ... ... 6
20. Oaths of Clerk and Deputy Clerk of Councils ... ... ... ... ... ... ... ... 6
21. Consequence of non-compliance ... ... ... ... ... ... ... ... ... ... ... 6
22. When Oaths need not be repeated ... ... ... ... ... ... ... ... ... ... 6

PART V

GENERAL

23. Use of English or Chinese ... ... ... ... ... ... ... ... ... ... ... ... 7

First Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 7 Second Schedule ... ... ... ... ... ... ...
... ... ... ... ... ... ... ... ... 8 Third Schedule ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... 11











CHAPTER 11

OATHS AND DECLARATIONS

To amend and consolidate the law relating to oaths and declarations, to make
provision for matters connected therewith, and to exercise the power
conferred by section 2 of the Colonial Affidavits Act 1859.

[28 April 1972,1

PART 1

PRELIMINARY

1. This Ordinance may be cited as the Oaths and Declarations Ordinance.

2. In this Ordinance, unless the context otherwise requires--

'commissioner' means a commissioner for oaths duly appointed by the Chief
Justice under any enactment in force in Hong Kong;

'notary' means a notary public duly registered by the Registrar of the Supreme
Court under section 40 of the Legal Practitioners Ordinance;

'Person acting judicially' means a tribunal, commission or other
person having by law power to receive evidence on oath.

PART 11

OATHS AND DECLARATIONS IN GENERAL

3. A court and a person acting judicially may administer an oath to a
witness who is lawfully called or voluntarily comes before it or him.

4. [Repealed, 35 of 1985, s. 27]

5. (1) An oath may be administered and taken in the following form and
manner

The person taking the oath shall hold the New Testament,
or, in the case of a Jew, the Old Testament, in his uplifted hand,
and shall say or repeat after the officer administering the oath
the words 'I swear by Almighty God that
or'
followed by the words of the oath prescribed by law.

(2) The officer shall, unless the person about to take the oath objects
thereto, or is physically incapable of so taking the oath. administer the oath in
the form and manner aforesaid:





Provided that, in the case of a person who is neither a Christian nor
a Jew, the oath may be administered in any manner which is appropriate
to his religious belief.

(3) In this section, 'officer' means a person authorized to
administer an oath.

6.- If an oath has been duly administered and taken, the fact that
the person to whom the oath was administered had, at the time of taking
the oath, no religious belief, shall not for any purpose affect the validity
of the oath.

7. (1) A person, upon objecting to being sworn, shall be permitted
to make his affirmation instead of taking an oath for any purpose for
which an oath is required by law.

(2) A person who is neither a Christian nor a Jew shall be permitted
to make his affirmation instead of taking an oath for any purpose for
which an oath is required by law.

(3) An affirmation shall commence-

(a)'I solemnly, sincerely, and truly declare and affirm', or

(b)
and then proceed with the words of the oath prescribed by law, omitting
any words of imprecation or calling to witness.

(4) An affirmation in writing shall commence--

(a) of solemnly
and sincerely affirm', or

(b) and end-
(i) 'Affirmed at this day of

19 Before me

or
(ii)

(5) An affirmation shall he of the same force and effect as an oath
in the usual form.

(6) Subsections (1), (3) and (4) shall apply in relation to a person to
whom it is not reasonably practicable without inconvenience or delay to
administer an oath in the manner appropriate to his religious belief as it
applies in relation to a person objecting to being sworn.

(7) A person who may be permitted under this section to make his
affirmation may also be required to do so.





8. If a person taking an oath or making an affirmation is unfamiliar
with the English language the oath or affirmation shall be interpreted to
him by a sworn interpreter.

9. (1) No person shall administer or receive an oath, affidavit or
affirmation relating to any matter or thing in respect of which that
person has no jurisdiction by some enactment.

(2) Any person who wilfully contravenes subsection (1) shall be
guilty of an offence and shall be liable on conviction to a fine of $1,000.

(3) Nothing in this section shall extend to an oath, affidavit or
affirmation before a justice

(a)relating to the maintenance of public order, or the
prosecution, trial, or punishment of offences; or

(b)relating to any proceedings before the Legislative Council or
before any committee thereof, or

(c)for the purpose of legal proceedings in any foreign country;
or

(d)required by the law of any foreign country to give validity to
any document designed to be used in that country.

(4) Nothing in this section shall extend to an oath, affidavit or
affirmation before a notary required by the law of any foreign country to
give validity to any document designed to be used in that country.

10. An oath, affidavit, affirmation and notarial act administered,
sworn, affirmed, or done under section 6 of the Commissioners for
Oaths Acts 1889 and 1891 shall be as effectual as if duly administered,
sworn, affirmed, or done by or before any lawful authority in Hong
Kong.

11. A person appointed by a court or other judicial authority of a
foreign country shall have power in Hong Kong to administer oaths or
take Affidavits for the purpose of taking evidence for use in
proceedings, not being criminal proceedings, carried on under the law
of that country.

PART 111

STATUTORY DECLARATIONS

12. A justice, notary commissioner or other person authorized by
law to administer an oath may take and receive the declaration of any
person made before him in the manner provided by section 14.





13. If by law a person is authorized or required to make a
declaration or a statutory declaration, that declaration shall be made and
signed in the manner provided by section 14.

14. (1) A declaration shall be in one of the forms set out in the First
Schedule.

(2) If the declarant is unfamiliar with the English language, the
declaration shall be in the form set out in Part 11 of the First Schedule
and the interpreter shall first make a declaration or take an oath in the
form set out in Part III of the First Schedule.

15. An attesting witness to the execution of a will, deed or
document, and any other competent person, may verify and prove the
signing, sealing, publication or delivery of the will, deed or document by
a declaration made in the manner provided by section 14.

PART IV

PROMISSORY OATHS

16. The Oaths referred to in this Ordinance as

(a) the Oath of Allegiance;

(b) the Judicial Oath;

(c) the Oath of Fidelity,

(ca) the Executive Council Oath;(Added, 32 of 1986, s. 2)

(d) the Official Oath;

(da) the Legislative Council Oath; and (Added, 23 of 1985, s.2)

(e) the Oath of Secrecy,

shall be in the respective forms set out in Parts 1 to V of the Second
Schedule.

17. Each of the judicial officers specified in the Third Schedule shall
take the Oath of Allegiance and the Judicial Oath, which shall be
tendered in the manner specified in that Schedule as soon as possible
after his appointment.

18. (1) A member of the Executive Council shall take the Oath of
Fidelity and either the Oath of Allegiance or the Executive Council Oath
as soon as possible after his appointment. (Amended, 32 of 1986, s. 3)

(2) An ex officio member of the Executive Council shall also take
the Official Oath as soon as possible after his appointment.

(3) The Oaths taken by members of the Executive Council shall be
tendered by the Governor, or other member presiding.





19. A member of the Legislative Council shall, as soon as
possible after his appointment, or in the case of an elected member
after the commencement of his term of office as an elected member,
take the Oath of Allegiance or the Legislative Council Oath, which
shall be tendered by the Governor, or other member presiding.
(Amended, 23 of 1985, s. 3)

20. The Clerk of Councils and the Deputy Clerk of Councils
shall, as soon as possible after appointment, each take the Oath of
Allegiance and the Oath of Secrecy, which shall be tendered by the
Chief Secretary.

21. Any person who declines or neglects to take an oath duly
tendered which he is required to take by this Part, shall-
(a) if he has already entered on his office, vacate it, and
(b)if he has not entered on his office, be disqualified from
entering on it.

22. (1) No judicial officer specified in the Third Schedule shall
be required to take the Oath of Allegiance or the Judicial Oath, if he
has taken it upon previous appointment to a judicial office specified
in the Third Schedule. (Amended, 13 of 1980, s. 2)
(2) No member of the Executive Council shall be required to
take the Oath of Allegiance or the Executive Council Oath if he has
taken-
(a)the Oath of Allegiance or the Executive Council Oath
upon previous appointment to the Executive Council; or
(b)the Oath of Allegiance upon previous appointment or elec-
tion to the Legislative Council. (Replaced, 32 of 1986,
s. 4)
(3) No member of the Executive Council shall be required to
take-
(a)the Oath of Fidelity, if he has taken it upon previous
appointment to the Council; or
(b)the Official Oath, being an ex officio member, if he has
taken it upon previous appointment to the same office.
(3A) No member of the Legislative Council shall be required
to take the Oath of Allegiance or the Legislative Council Oath if he
has taken-
(a)the Oath of Allegiance upon previous appointment to the
Executive Council or upon previous appointment or elec-
tion to the Legislative Council; or
(b)the Legislative Council Oath upon previous appointment
or election to the Legislative Council. (Added, 23 of
1985, s. 4)
(4) Neither the Clerk of Councils nor the Deputy Clerk of
Councils shall be required to take the Oath of Allegiance or the Oath
of Secrecy, if he has taken it upon previous appointment to either
office.





PART V

GENERAL

23. An oath, affidavit, affirmation or declaration may be
administered, sworn, affirmed, declared, made, taken or received either in
English or in Chinese at the option of the witness, deponent, affirmant,
declarant or the person taking an oath.

FIRST SCHEDULE

PART 1 [s. 14.1

Declaration

I, A.B., of solemnly and sincerely
declare that [Insert facts.]

And 1 make this solemn declaration conscientiously believing the same to be true and by
virtue of the Oaths and Declarations Ordinance.

(Signed) A.B.

Declared at in the Colony of Hong Kong
this day of 19

Before me,

[Signature and designation, i.e., Justice of the
Peace/Notary Public/Commissioner for Oaths.]

OR

PART II [s. 14.1]

Declaration by person who is unfamiliar with the English language

1, A.B., of solemnly and sincerely
declare that [Insert facts.]

And 1 make this solemn declaration conscientiously believing the same to be true and by
virtue of the Oaths and Declarations Ordinance.

(Signed) A.B.





Declared at in the Colony of Hong Kong
this day of 19 through the interpretation
of

[Insert name of interpreter] of [Insert address and occupation], the said interpreter
having been also first declared [or sworn, as the case may be] that he had truly,
distinctly, and audibly interpreted the contents of this document to the declarant,
and
that he would truly and faithfully interpret the declaration about to be administered
to him.

Before me,

[Signature and designation, i.e., Justice of
the Peace/Notary Public/Commissioner
for Oaths.]

PART III [s. 14.1

Declaration or oath by interpreter

1, C.D., of solemnly and sincerely declare* that I well understand the English
and [state foreign language] languages and that 1 have truly, distinctly, and audibly
interpreted the contents of this document to the declarant [Insert name], and that
1 will truly and faithfully interpret the declaration about to be administered to him.

(Signed) C.D.

Interpreter.

Declared at in the Colony of Hong Kong
this day of 19

Before me,

[Signature and designation, i.e., Justice of
the Peace/Notary Public/Commissioner
for Oaths.]

SECOND SCHEDULE

PART I [ss. 16, 17, 18,

19, 20.1

Oath of Allegiance

swear that 1 will be faithful and
bear true allegiance to Her Majesty Queen Elizabeth the Second, Her Heirs and
Successors, according to law. So help me God.

OR

PART II [ss. 16, 17.1
Judicial Oath
swear that 1 will

well and truly serve Our Sovereign Lady Queen Elizabeth the Second in the office
of
and in any other judicial office specified in the Third Schedule to the Oaths and





Declarations Ordinance to which I may be appointed, and I will do right to all
manner of people after the laws and usages of this Colony, without fear or favour,
affection or ill will. So help me God.

OR





(Replaced, 13 of 1980, s. 3)

PART III [ss. 16, 18.1

Oath of Fidelity

I, being chosen and admitted of Her Majesty's Executive Council in this
Colony, swear that I will, to the best of my judgment, at all times when thereto
required, freely give my counsel and advice to the Governor for the good
management of the public affairs of this Colony; that I will not, except with the
authority of the Governor, directly or indirectly reveal the business or proceedings
of the Executive Council or the nature or contents of any document communicated
to me as a Member of the Council or any matter coming to my knowledge in my
capacity as a Member of the Council, and that in all things I will he a true and
faithful Councillor. So help me God.

OR



PART IIIA [ss. 16, 18.]

Executive Council Oath

I, swear that I

will uphold the law of Hong Kong, and that I will conscientiously and truly serve the
people of Hong Kong as a member of the Executive Council. So help me God.

OR

(Part IIIA added, 32 of 1986, s. 5)





PART IV [ss. 16, 18.]

Official Oath

I, , swear that I will well and truly serve Her Majesty Queen Elizabeth the
Second in the office of

So help me God.

OR

PART IVA [ss. 16, 19.]
Legislative Council Oath
I, swear that I will uphold the

law of Hong Kong, and that I will conscientiously and truly serve the people of
Hong
Kong as a member of the Legislative Council. So help me God.

OR



(Part IVA added, 23 of 1985, s. 5)

PART V [ss. 16, 20.1
Oath of Secrecy

I, having been appointed Clerk of
Councils (or Deputy Clerk of Councils) in the Colony, swear that I will not, except
with the authority of the Governor, directly or indirectly reveal the business or
proceedings of the Executive Council or the nature or contents of any document
communicated to me as Clerk of Councils (or Deputy Clerk of Councils) or any
matter coming to my knowledge in my capacity as Clerk of Councils (or Deputy
Clerk of Councils). So help me God.

OR





THIRD SCHEDULE [s. 17.1

Judge of the High Court (other The Oaths to be tendered by the Governor.
than a deputy judge thereof
appointed under section 10(1) of
the Supreme Court Ordinance) ...

Deputy judge of the High Court . - The Oaths to be tendered by a Judge.

District Judge ... ... ... ...

Presiding Officer, Labour

Tribunal ... ... ... ... ...

Magistrate ... ... ... ... - The Oaths to be tendered by a Judge.

Adjudicator, Small Claims

Tribunal ... ... ... ... ...

President, Lands Tribunal

Coroner ... ... ... ...

Justice of the Peace ... ... ... The Oaths to be tendered by a Magistrate.
(Amended, 22 of 1973, s. 3; 79 of 1975, s. 40; 13 qf 1980, s. 4 and 49 of
1983, s. 7)
Originally 20 of 1972. 22 of 1973. 79 of 1975. 13 of 1980. 49 of 1983. 23 of 1985. 35 of 1985. 32 of 1986. Short title. Interpretation. (Cap. 159.) Who may administer oaths. [cf. 1851 c. 99, s. 16.] Normal manner of administration of oaths. [cf. 1909 c. 39, ss. 2, 3.] Validity of oath not affected by absence of religious belief. 1888 c. 46, s. 3. Affirmation in lieu of oath. [cf. 1888 c. 46, s. 1.] [cf. 1888 c. 46, s. 2.] [cf. 1888 c. 46, s. 4.] [cf. 1961 c. 21, s. 1.] [ cf. 1961 c. 21, s. 1.] Interpretations of oaths and affirmations. Unlawful administration of oaths. [cf. 1835 c. 62, s. 13.] Admissibility of notarial acts done before British diplomatic and consular officers. [cf. 1889 c. 10, s. 6(1).] 1891 c. 50, s. 2. Evidence for foreign civil proceedings. [cf. 1963 c. 27, s. 1.] Taking and receiving declarations. [cf. 1835 c. 62, s. 18.] Manner of making declarations. [cf. 1835 c. 62, s. 20.] Form of declaration. First Schedule. [cf. 1835 c. 62, s. 18.] Declaration in writing sufficient to prove execution of will etc. [cf. 1835 c. 62, s. 16.] Forms of Oaths. [cf. 1868 c. 72, ss. 2, 3, 4.] Second Schedule. Oaths of judicial officers. Third Schedule. [cf. 1868 c. 72, s. 6.] Oaths of Executive Councillors. [cf. 1868 c. 72, s. 5.] Oath of Legislative Councillors. Oaths of Clerk and Deputy Clerk of Councils. Consequence of non-compliance. [cf. 1868 c. 72, s. 7.] When Oaths need not be repeated. Third Schedule. [cf. 1868 c. 72, s. 7.] Use of English or Chinese. *In case of an oath substitute 'swear' for 'solemnly and sincerely declare'. (Cap. 4.)

Originally 20 of 1972. 22 of 1973. 79 of 1975. 13 of 1980. 49 of 1983. 23 of 1985. 35 of 1985. 32 of 1986. Short title. Interpretation. (Cap. 159.) Who may administer oaths. [cf. 1851 c. 99, s. 16.] Normal manner of administration of oaths. [cf. 1909 c. 39, ss. 2, 3.] Validity of oath not affected by absence of religious belief. 1888 c. 46, s. 3. Affirmation in lieu of oath. [cf. 1888 c. 46, s. 1.] [cf. 1888 c. 46, s. 2.] [cf. 1888 c. 46, s. 4.] [cf. 1961 c. 21, s. 1.] [ cf. 1961 c. 21, s. 1.] Interpretations of oaths and affirmations. Unlawful administration of oaths. [cf. 1835 c. 62, s. 13.] Admissibility of notarial acts done before British diplomatic and consular officers. [cf. 1889 c. 10, s. 6(1).] 1891 c. 50, s. 2. Evidence for foreign civil proceedings. [cf. 1963 c. 27, s. 1.] Taking and receiving declarations. [cf. 1835 c. 62, s. 18.] Manner of making declarations. [cf. 1835 c. 62, s. 20.] Form of declaration. First Schedule. [cf. 1835 c. 62, s. 18.] Declaration in writing sufficient to prove execution of will etc. [cf. 1835 c. 62, s. 16.] Forms of Oaths. [cf. 1868 c. 72, ss. 2, 3, 4.] Second Schedule. Oaths of judicial officers. Third Schedule. [cf. 1868 c. 72, s. 6.] Oaths of Executive Councillors. [cf. 1868 c. 72, s. 5.] Oath of Legislative Councillors. Oaths of Clerk and Deputy Clerk of Councils. Consequence of non-compliance. [cf. 1868 c. 72, s. 7.] When Oaths need not be repeated. Third Schedule. [cf. 1868 c. 72, s. 7.] Use of English or Chinese. *In case of an oath substitute 'swear' for 'solemnly and sincerely declare'. (Cap. 4.)

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