Course: Oaths, Affidavits and Declarations: Local and Foreign Issues

Course Overview

Course Outline:

The objective of the seminar is to identify and manage the risk associated with Affidavits and Declarations.

In their daily practice, legal practitioners often handle Affidavits and Declarations in court cases, conveyancing transactions, and other legal matters.

Affidavits are governed by Rules of High Court Order 41, and Practice Directions 10.1.  Failure to comply will cause affidavit evidence inadmissible with a risk of losing clients' cases.  Although leave can be applied from court for defective affidavits to be admitted into evidence, there is a risk of losing costs and wasting time.

Statutory Declarations are under the strict rules of the Oaths and Declarations Ordinance (Cap.11). The Failure to comply is fatal thereby posing a risk.

The Speaker will mention the proper ways to avoid the risk of non-compliance and will take the attendees through the court cases for the lessons to be learnt:

• Yiu Ping Fong & Another v Lam Lai Hing [1999] 1 HKLRD 793
• Top Flying Investment Limited v Open Mission Assets Limited [2006] 4 HKLRD 83
• Sean Eric McLean Ho Tung v Hillhead Limited (HCMP 4511/2002)

Untrue affidavits may commit the criminal offence of perjury, and if not the primary offence, the attempted perjury offence.  And unattended legal practitioners may facilitate perjury and to alert them, court cases will be illustrated so as to avoid the risk:

• R v Robert Eli Low, HCMA1180/1996
• HKSAR v. Kanjanapas Chong Kwong, Derek And Others, DCCC 298/2005

Untrue affidavits sworn by legal practitioners can lead to disciplinary proceedings:

• Re a Solicitor

The Speaker will demonstrate how to administer an oath for an affidavit.