Affidavits

Example Structure

Here’s an in-depth breakdown of the structure of an affidavit in Hong Kong:

1. Court Heading

   • Court Name: The name of the court where the affidavit will be filed (e.g., High Court of Hong Kong).

   • Case Number: The unique number assigned to the case by the court.

   • Title of Proceedings: The names of the parties involved in the case.

   Example:

   High Court of Hong Kong Case No. HCA1234/2023 Between: Plaintiff: John Doe and Defendant: XYZ Corporation

2. Title of the Affidavit

   • Title: Clearly state that it is an affidavit.

   Example:

   AFFIDAVIT OF [Name]

3. Introduction

   • Affiant's Details: State the full name, address, and occupation of the person making the affidavit (the affiant). Include a declaration that the affiant believes the contents of the affidavit to be true.

   Example:

   I, [Full Name], of [Address], [Occupation], make this affidavit and state as follows:

4. Statement of Truth

   • Affirmation: Include a statement affirming the truth of the contents of the affidavit. This is often in the form of “I believe that the facts stated in this affidavit are true.”

   Example:

   I believe that the facts stated in this affidavit are true and correct to the best of my knowledge and belief.

5. Body of the Affidavit

   • Numbered Paragraphs: Present the facts in a clear, logical, and chronological order. Each fact should be in a separate, numbered paragraph for clarity.

   Example:

   On January 15, 2023, I entered into a contract with XYZ Corporation for the provision of services. 2. The contract stipulated that services would commence on February 1, 2023. 3. As of March 1, 2023, XYZ Corporation had failed to fulfill its contractual obligations.

6. Exhibits

   • Reference to Documents: If applicable, refer to any documents or evidence that support the statements made in the affidavit. These documents should be clearly labeled as exhibits.

   Example:

   A true copy of the contract is attached hereto as Exhibit A.

7. Conclusion

   • Final Statement: Conclude the affidavit with a statement summarizing the purpose of the affidavit and reiterating the truth of the contents.

   Example:

   I swear that the facts stated in this affidavit are true to the best of my knowledge and belief, and I make this affidavit in support of my application in the above matter.

8. Signature and Jurat

   • Signature of the Affiant: The affiant must sign the affidavit.

   • Jurat: This is a statement by the person before whom the affidavit is sworn (usually a solicitor or a commissioner for oaths), confirming that the affiant has sworn the affidavit in their presence.

   Example:

   Dated this [Date] day of [Month], [Year]. [Signature of Affiant] [Printed Name of Affiant] Sworn before me: ___________________________ [Name of Commissioner for Oaths/Solicitor] [Title]

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Dos and Don’ts

• Do: Use clear and concise language; ensure each fact is relevant and clearly stated.

• Don’t: Include opinions or irrelevant information; affidavits should be strictly factual.

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Tips

• Number each paragraph for clarity and easy reference.

• Ensure all documents referenced as exhibits are properly labeled and attached.

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Common Errors

• Vague Statements: Failing to provide specific facts can weaken the affidavit.

• Improper Formatting: Not adhering to the required format can lead to rejection by the court.

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Solutions

• Review the affidavit for clarity and specificity before submission.

• Follow the prescribed court formats and guidelines carefully to ensure compliance.