STATUTORY DECLARATIONS ORDINANCE, 1893
Title
STATUTORY DECLARATIONS ORDINANCE, 1893
Description
ORDINANCE No. 8 OF 1893.
Statutory Declarartions
AN ORDINANCE concerning Statutory Declarations.
[4th September,1893.]
WHEREAS, by an Act of Parliament made and passed in the fifth
and sixth years of the resign of his late Majesty King William the
Fourth, Chapter 62, intituled 'An Act to repeal an Act of the present
'Session of Parliament,intituled 'and Act for the more effectual Ablition
' 'of Oaths and Affirmations taken and made in various Departments
' 'of the State,and to substitute Declarations in lieu thereof;and for
' 'the more entire Supression of Voluntary and Wxtra-Judicial Oaths
' 'and Affidavits,' and to make other Provisions for the Abolition of
' unnecessary Oaths,' but now known as 'The Statutory Declarations
' Act,1835,' after reciting that it might be necessary and proper in
many cases not therein specified to require confirmation of written
instruments or allegations or proof of debts or of the execution of deeds
or other matters, it was enacted (amongst other things)that it should
and might be lawful for any Justice of the Peace, Notary Public,or
other officer than by law authorized to administer an oath to take and
receive the declaration of any person voluntarily making the same before
him in the form in the schedule thereto annexed, and that if any declara-
tion so made should be false or untrue in any material particular the
person wilfully making such flase declaration should be deemed guilty
of a misdemeanor; and whereas it has been the practive for Justices of
the Peace and others in this Colony to take and receive declarations
purporting to be made by virtue of the provisions of the said Act;
and whereas doubts have arisen whether or not the said enactment
extends to and is in force in this Colony and whether or not the said practice is legal,and it is expedient to remove such doubts,and to make
further provision regarding statutory declarations:
BE it therefore enacted by the Governor of Hongkong,with the advice
and consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Statutory Declarations Or-
dinance ,1893.
2.The Statutory Declarations Act,1835,of the Imperial Parliament
shall be deemed to be in force in this Colony and to have so been from
the date when the Colony obtained a local Legislature,that is to say,
from the 5th day of April,1843.
3.A declaration made after the commencement of this Ordinance in
Form No.1 or Form No.2,as the case may be,in the Schedule to this
Ordinacne shall be deemed to be a statutory declaration made by virtue
of the provisions of the said Act and shall be sufficient for all purposes.
4.Where the declarant is unacquainted with the English language
the declaration shall be in Form No. 2 in the said Schedule,the
interpreter having been first declared as in Form No.3 in the said
Schedule,or sworn to the like effect.The declaration of the interpreter
shall be deemed to be a statutory declaration.
5.Every person who wilfully and corruptly makes or makes and
subscribes any statutory declaration knowing the same to be untrue in
any material partocular shall be guilty of a misdemeanor,and shall be
liable,at the discretion of the Court,to imprisonment,with or without
hard labour,for any term not exceeding one year or to pay such fine,
not exceeding five hundred dollars,as the Court may direct.
SCHEDULE.
FORMS.\
FORM No.1
Declaration.
I,A.B., do solemnly and sincerely declare that
and I make this solemn declaration conscientiously believing
the same to be true and by virtue of the provisions of the Statutory Declara-
tions Act,1835.
(Signed.)
A.B.
Declared at in Hongkong * this day of 1,
Before me,
[Name and Designation of the Justice,Notary
Public,or other authorixed Officer.] FORm No.2
Declaration by a Person who does not understand the English Language.
I, A.B.,do solemnly and sincerely declare that
and I make this solemn declaration conscientiously believing
the same to be true and by virtue of the provisions of the Statutory Declara-
tions Act, 1835.
(Signed.)
A.B.
Declared at in Hongkong * this day of 1 ,
through the interpretation of of the said
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,
[Name and Designation of the Justice,Notary
Public, or other authorized Officer.]
FORM No.3.
Declaration or oath by Interpreter.
[To the Interpreter.]
You do solemnly and sincerely declare* that you well understand the
English and Chinese [or as the case may be ] langauges and that you have
truly,distinctly,and audibly interpreted the contents of this document or
the declarant A.B., and that you will truly and faithfully interpret the
declaration about to be administered to him.
(Sigend.)
Interpreter.
Declared at in Hongkong this day of 1 ,
Before me,
[Name and Designation of the Justice, Notary
Public, or other authorized Officer.]
A.D. 1893. Ordinance No. 12 of 1893. Short title. Enactment of Statutory Declarations Act, 1835. 5 & 6 Will. 4 c. 62. Form of declaration. Schedule: Form No. 1; Form No. 2. Declaration by foreigner. Schedule: Form No. 3. Punishment of person making false declaration. Section 3. *Or as the case may be. Sections 3 and 4.
*Or as the case may be.
Section 4.
*In case of 'Oath' substitute the word 'swear' for the words 'solemnly and sincerely declare.'
Or as the case may be.
Statutory Declarartions
AN ORDINANCE concerning Statutory Declarations.
[4th September,1893.]
WHEREAS, by an Act of Parliament made and passed in the fifth
and sixth years of the resign of his late Majesty King William the
Fourth, Chapter 62, intituled 'An Act to repeal an Act of the present
'Session of Parliament,intituled 'and Act for the more effectual Ablition
' 'of Oaths and Affirmations taken and made in various Departments
' 'of the State,and to substitute Declarations in lieu thereof;and for
' 'the more entire Supression of Voluntary and Wxtra-Judicial Oaths
' 'and Affidavits,' and to make other Provisions for the Abolition of
' unnecessary Oaths,' but now known as 'The Statutory Declarations
' Act,1835,' after reciting that it might be necessary and proper in
many cases not therein specified to require confirmation of written
instruments or allegations or proof of debts or of the execution of deeds
or other matters, it was enacted (amongst other things)that it should
and might be lawful for any Justice of the Peace, Notary Public,or
other officer than by law authorized to administer an oath to take and
receive the declaration of any person voluntarily making the same before
him in the form in the schedule thereto annexed, and that if any declara-
tion so made should be false or untrue in any material particular the
person wilfully making such flase declaration should be deemed guilty
of a misdemeanor; and whereas it has been the practive for Justices of
the Peace and others in this Colony to take and receive declarations
purporting to be made by virtue of the provisions of the said Act;
and whereas doubts have arisen whether or not the said enactment
extends to and is in force in this Colony and whether or not the said practice is legal,and it is expedient to remove such doubts,and to make
further provision regarding statutory declarations:
BE it therefore enacted by the Governor of Hongkong,with the advice
and consent of the Legislative Council thereof,as follows:-
1.This Ordinance may be cited as the Statutory Declarations Or-
dinance ,1893.
2.The Statutory Declarations Act,1835,of the Imperial Parliament
shall be deemed to be in force in this Colony and to have so been from
the date when the Colony obtained a local Legislature,that is to say,
from the 5th day of April,1843.
3.A declaration made after the commencement of this Ordinance in
Form No.1 or Form No.2,as the case may be,in the Schedule to this
Ordinacne shall be deemed to be a statutory declaration made by virtue
of the provisions of the said Act and shall be sufficient for all purposes.
4.Where the declarant is unacquainted with the English language
the declaration shall be in Form No. 2 in the said Schedule,the
interpreter having been first declared as in Form No.3 in the said
Schedule,or sworn to the like effect.The declaration of the interpreter
shall be deemed to be a statutory declaration.
5.Every person who wilfully and corruptly makes or makes and
subscribes any statutory declaration knowing the same to be untrue in
any material partocular shall be guilty of a misdemeanor,and shall be
liable,at the discretion of the Court,to imprisonment,with or without
hard labour,for any term not exceeding one year or to pay such fine,
not exceeding five hundred dollars,as the Court may direct.
SCHEDULE.
FORMS.\
FORM No.1
Declaration.
I,A.B., do solemnly and sincerely declare that
and I make this solemn declaration conscientiously believing
the same to be true and by virtue of the provisions of the Statutory Declara-
tions Act,1835.
(Signed.)
A.B.
Declared at in Hongkong * this day of 1,
Before me,
[Name and Designation of the Justice,Notary
Public,or other authorixed Officer.] FORm No.2
Declaration by a Person who does not understand the English Language.
I, A.B.,do solemnly and sincerely declare that
and I make this solemn declaration conscientiously believing
the same to be true and by virtue of the provisions of the Statutory Declara-
tions Act, 1835.
(Signed.)
A.B.
Declared at in Hongkong * this day of 1 ,
through the interpretation of of the said
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,
[Name and Designation of the Justice,Notary
Public, or other authorized Officer.]
FORM No.3.
Declaration or oath by Interpreter.
[To the Interpreter.]
You do solemnly and sincerely declare* that you well understand the
English and Chinese [or as the case may be ] langauges and that you have
truly,distinctly,and audibly interpreted the contents of this document or
the declarant A.B., and that you will truly and faithfully interpret the
declaration about to be administered to him.
(Sigend.)
Interpreter.
Declared at in Hongkong this day of 1 ,
Before me,
[Name and Designation of the Justice, Notary
Public, or other authorized Officer.]
A.D. 1893. Ordinance No. 12 of 1893. Short title. Enactment of Statutory Declarations Act, 1835. 5 & 6 Will. 4 c. 62. Form of declaration. Schedule: Form No. 1; Form No. 2. Declaration by foreigner. Schedule: Form No. 3. Punishment of person making false declaration. Section 3. *Or as the case may be. Sections 3 and 4.
*Or as the case may be.
Section 4.
*In case of 'Oath' substitute the word 'swear' for the words 'solemnly and sincerely declare.'
Or as the case may be.
Abstract
A.D. 1893. Ordinance No. 12 of 1893. Short title. Enactment of Statutory Declarations Act, 1835. 5 & 6 Will. 4 c. 62. Form of declaration. Schedule: Form No. 1; Form No. 2. Declaration by foreigner. Schedule: Form No. 3. Punishment of person making false declaration. Section 3. *Or as the case may be. Sections 3 and 4.
*Or as the case may be.
Section 4.
*In case of 'Oath' substitute the word 'swear' for the words 'solemnly and sincerely declare.'
Or as the case may be.
*Or as the case may be.
Section 4.
*In case of 'Oath' substitute the word 'swear' for the words 'solemnly and sincerely declare.'
Or as the case may be.
Identifier
https://oelawhk.lib.hku.hk/items/show/675
Edition
1901
Volume
v2
Subsequent Cap No.
11
Cap / Ordinance No.
No. 8 of 1893
Number of Pages
3
Files
Collection
Historical Laws of Hong Kong Online
Citation
“STATUTORY DECLARATIONS ORDINANCE, 1893,” Historical Laws of Hong Kong Online, accessed February 6, 2025, https://oelawhk.lib.hku.hk/items/show/675.
