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Everything You Need to Know About Statutory Declarations in Hong Kong

In Hong Kong, a highly developed legal and international financial hub, the use of various legal documents permeates all aspects of daily life. Among them, statutory declarations play a crucial role in personal affairs, business transactions, and public administration. Whether you are applying for identity documents, registering a company, or handling matters related to inheritance, a statutory declaration may be an essential part of the process.

A statutory declaration is generally a written statement voluntarily signed by the declarant and usually witnessed or certified by a notary or authorized person. It serves to affirm the truthfulness of a particular fact, intention, or commitment. While it differs from a contract and is not entirely equivalent to testimony, it carries legal weight under certain circumstances. For instance, when applying for a certificate of no criminal conviction in Hong Kong, applicants may be required to submit a statutory declaration confirming they have never been criminally penalized for illegal activities. Similarly, in corporate settings, shareholders might issue declarations to express their stance on specific business decisions.

Recently, with growing public awareness around personal privacy, concerns have arisen regarding the disclosure of private information through statutory declarations. According to a report by the South China Morning Post in June 2025, a citizen was asked to provide excessive personal data during a property transfer application and was required to confirm these details via a statutory declaration. This incident sparked discussions among legal professionals about whether institutions were overreaching in their data collection practices. In response, the Office of the Privacy Commissioner for Personal Data stated that government bodies should follow the principle of necessity when collecting information, avoiding unnecessary burdens on citizens.

Statutory declarations also play an increasingly important role in corporate compliance. Especially in today’s complex global economic environment, more companies are focusing on strengthening internal governance structures. According to guidelines issued by the Companies Registry in Hong Kong, directors are required to sign statutory declarations before making major asset disposals or overseas investments, confirming their understanding of associated risks and willingness to assume responsibility. Such practices help regulate corporate behavior and enhance investor confidence.

Notably, with the development of e-government services, the use of electronic statutory declarations has gradually expanded. To improve administrative efficiency and reduce the inconvenience caused by paper-based processes, the Hong Kong Special Administrative Region launched several digital reform initiatives starting in 2025. For example, the Immigration Department introduced online statutory declarations with electronic signatures in some visa application procedures, allowing applicants to complete the signing process via its official website. This innovation saves time and facilitates cross-border operations.

Of course, statutory declarations are not a universal solution. Their validity largely depends on the authenticity of the declarant’s intentions and the accuracy of the information provided. If false statements are discovered, the responsible party may face legal consequences. Therefore, before signing any type of statutory declaration, individuals are advised to carefully read the content and, if necessary, seek legal advice to protect their rights and interests.

Overall, as a vital link between legal systems and practical implementation, statutory declarations play an irreplaceable role in the functioning of Hong Kong society. They serve not only as a means for individuals to express their will but also as a foundation for building trust among organizations. With the deepening of legal awareness and continuous technological advancements, the forms and applications of statutory declarations will continue to evolve. However, their core values-truthfulness, integrity, and accountability-will remain unchanged.

For ordinary citizens, understanding the basic functions and applicable scenarios of statutory declarations can better equip them to handle various legal matters in daily life. Whether applying for documents, signing contracts, or participating in public affairs, having a basic knowledge of the law is always beneficial. In this era of high information transparency, possessing fundamental legal literacy not only helps protect one's own legitimate rights but also contributes to a fairer and more orderly society.