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Witness Statement Declaration for Hong Kong

Witness Statement Declaration Template for Hong Kong

A Witness Statement Declaration is a formal legal document used in Hong Kong's judicial system where an individual provides a written account of their direct knowledge, observations, or experiences relevant to a legal proceeding. The document must comply with Hong Kong's Evidence Ordinance (Cap. 8) and the Oaths and Declarations Ordinance (Cap. 11), requiring verification before a Commissioner for Oaths or solicitor. It serves as sworn testimony and can be used in court proceedings, presenting facts in a structured, chronological manner while clearly distinguishing between direct knowledge and information based on belief.

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What is a Witness Statement Declaration?

A Witness Statement Declaration is a crucial document in Hong Kong's legal framework, used to present written testimony in various legal proceedings. This document type is essential when individuals need to provide formal, sworn evidence about events or circumstances they have personally witnessed or have direct knowledge of. The declaration must comply with Hong Kong's legal requirements, including the Evidence Ordinance and Practice Directions, and needs to be properly verified before authorized persons such as Commissioners for Oaths or solicitors. These statements are commonly used in civil litigation, commercial disputes, administrative proceedings, and regulatory matters, serving as direct evidence in court proceedings. The document's format and content must meet strict legal standards to ensure admissibility and evidential value in Hong Kong courts.

What sections should be included in a Witness Statement Declaration?

1. Title and Case Reference: Full title of proceedings, case number, court reference, and parties involved

2. Witness Information: Full name, occupation, business/residential address of the witness

3. Declaration of Truth: Standard declaration confirming the truthfulness of the statement

4. Statement of Role and Connection: Witness's role and connection to the case or matter

5. Facts and Evidence: Chronological narrative of events and facts within the witness's personal knowledge

6. Statement of Belief: Clear indication of which matters are based on information or belief and the source of such information

7. Verification Statement: Final verification of truth and accuracy as required by Hong Kong law

8. Signature Block: Witness signature, date, place of signing, and jurat

What sections are optional to include in a Witness Statement Declaration?

1. Language Declaration: Statement regarding the language in which the witness statement was given and details of translation if applicable

2. Supplementary Information: Additional context or background information necessary for understanding the evidence

3. Reference to Documents: Section specifically referring to relevant documents being exhibited

4. Professional Qualifications: Include when witness is providing expert or professional testimony

What schedules should be included in a Witness Statement Declaration?

1. Exhibit List: Index of all documents referenced and exhibited in the witness statement

2. Exhibited Documents: Copies of relevant documents referenced in the statement, properly marked and authenticated

3. Translation Certificate: If statement was translated, certificate from qualified translator confirming accuracy

4. Chronology: Optional timeline of events mentioned in the statement for complex cases

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

Genie AI

Document Type

Witness Statement

Cost

Free to use

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