Cap. 11 《宣誓及聲明條例》Oaths and Declarations Ordinance

生效中

版本日期: 2021-06-24

Cap. 10D

Cap. 12

To amend and consolidate the law relating to oaths and declarations and to provide for connected matters.

(Amended 123 of 1997 s. 2)

[28 April 1972]

(Format changes—E.R. 1 of 2017)

Part I — Preliminary

1. Short title

This Ordinance may be cited as the Oaths and Declarations Ordinance.

2. Interpretation

In this Ordinance, unless the context otherwise requires—

commissioner (監誓員) means a commissioner for oaths duly appointed by the Chief Justice under any enactment in force in Hong Kong; notary (公證人) has the same meaning as “notary public” in section 2(1) of the Legal Practitioners Ordinance (Cap. 159); (Replaced 27 of 1998 s. 8) person acting judicially (以司法人員身分行事的人) means a tribunal, commission or other person having by law power to receive evidence on oath; principal officials (主要官員) means the principal officials of the Hong Kong Special Administrative Region Government as set out in the Basic Law. (Added 123 of 1997 s. 3)

Part II — Oaths and Declarations in General

3. Who may administer oaths

A court and a person acting judicially may administer an oath to a witness who is lawfully called or voluntarily comes before it or him.

[cf. 1851 c. 99 s. 16 U.K.]

4.

(Repealed 35 of 1985 s. 27)

5. Normal manner of administration of oaths

(1)

An oath may be administered and taken in the following form and manner—

The person taking the oath shall hold the New Testament, or, in the case of a Jew, the Old Testament, in his uplifted hand, and shall say or repeat after the officer administering the oath the words “I swear by Almighty God that ”,

followed by the words of the oath prescribed by law. (Amended 123 of 1997 s. 4)

(2)

The officer shall, unless the person about to take the oath objects thereto, or is physically incapable of so taking the oath, administer the oath in the form and manner aforesaid:Provided that, in the case of a person who is neither a Christian nor a Jew, the oath may be administered in any manner which is appropriate to his religious belief.

(3) In this section, officer (人員) means a person authorized to administer an oath.

[cf. 1909 c. 39 ss. 2 & 3 U.K.]

6. Validity of oath not affected by absence of religious belief

If an oath has been duly administered and taken, the fact that the person to whom the oath was administered had, at the time of taking the oath, no religious belief, shall not for any purpose affect the validity of the oath.

[cf. 1888 c. 46 s. 3 U.K.]

7. Affirmation in lieu of oath

(1)

A person, upon objecting to being sworn, shall be permitted to make his affirmation instead of taking an oath for any purpose for which an oath is required by law. [cf. 1888 c. 46 s. 1 U.K.]

(2)

A person who is neither a Christian nor a Jew shall be permitted to make his affirmation instead of taking an oath for any purpose for which an oath is required by law.

(3)

An affirmation shall commence—

(a)

“I, , solemnly, sincerely, and truly declare and affirm”, (Amended 123 of 1997 s. 5)

(b)

(Repealed 123 of 1997 s. 5)

and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness. [cf. 1888 c. 46 s. 2 U.K.]

(4)

An affirmation in writing shall commence—

(a)

“I, , of , solemnly and sincerely affirm”, (Amended 123 of 1997 s. 5)

(b)

(Repealed 123 of 1997 s. 5)

and end—

(i)

“Affirmed at this day of 19 , Before me .”. (Amended 123 of 1997 s. 5) [cf. 1888 c. 46 s. 4 U.K.]

(ii)

(Repealed 123 of 1997 s. 5)

(5)

An affirmation shall be of the same force and effect as an oath in the usual form.

(6)

Subsections (1), (3) and (4) shall apply in relation to a person to whom it is not reasonably practicable without inconvenience or delay to administer an oath in the manner appropriate to his religious belief as it applies in relation to a person objecting to being sworn. [cf. 1961 c. 21 s. 1 U.K.]

(7)

A person who may be permitted under this section to make his affirmation may also be required to do so. [cf. 1961 c. 21 s. 1 U.K.]

8. Interpretations of oaths and affirmations

If a person taking an oath or making an affirmation is unfamiliar with the official language in which the oath or affirmation is taken or made, the oath or affirmation shall be interpreted to him by a sworn interpreter.

(Amended 51 of 1995 s. 7)

9. Unlawful administration of oaths

(1)

No person shall administer or receive an oath, affidavit or affirmation relating to any matter or thing in respect of which that person has no jurisdiction by some enactment.

(2)

Any person who wilfully contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (Amended E.R. 3 of 2021)

(3)

Nothing in this section shall extend to an oath, affidavit or affirmation before a justice—

(a)

relating to the maintenance of public order, or the prosecution, trial, or punishment of offences; or

(b)

relating to any proceedings before the Legislative Council or before any committee thereof; or

(c)

for the purpose of legal proceedings in any place outside Hong Kong; or (Amended 123 of 1997 s. 6)

(d)

required by the law of any place outside Hong Kong to give validity to any document designed to be used in that place. (Amended 123 of 1997 s. 6)

(4)

Nothing in this section shall extend to an oath, affidavit or affirmation before a notary required by the law of any place outside Hong Kong to give validity to any document designed to be used in that place. (Amended 123 of 1997 s. 6)

[cf. 1835 c. 62 s. 13 U.K.]

10. Admissibility of notarial acts done before Chinese diplomatic and consular officers

An oath, affidavit, affirmation and notarial act administered, sworn, affirmed, or done before a diplomatic or consular officer of the People’s Republic of China outside the People’s Republic of China shall be as effectual as if duly administered, sworn, affirmed, or done by or before any lawful authority in Hong Kong.

(Amended 123 of 1997 s. 7)

[cf. 1889 c. 10 s. 6(1) U.K.; 1891 c. 50 s. 2 U.K.]

11. Evidence for civil proceedings outside Hong Kong

A person appointed by a court or other judicial authority of a place outside Hong Kong shall have power in Hong Kong to administer oaths or take affidavits for the purpose of taking evidence for use in proceedings, not being criminal proceedings, carried on under the law of that place.

(Amended 123 of 1997 s. 8)

[cf. 1963 c. 27 s. 1 U.K.]

Part III — Statutory Declarations

12. Taking and receiving declarations

A justice, notary, commissioner or other person authorized by law to administer an oath may take and receive the declaration of any person made before him in the manner provided by section 14.

(Amended 21 of 1999 s. 26)

[cf. 1835 c. 62 s. 18 U.K.]

13. Manner of making declarations

If by law a person is authorized or required to make a declaration or a statutory declaration, that declaration shall be made and signed in the manner provided by section 14.

[cf. 1835 c. 62 s. 20 U.K.]

14. Form of declaration

(1)

A declaration shall be in one of the forms set out in Schedule 1.

(2)

If the declarant is unfamiliar with the official language in which the declaration is made, the declaration shall be in the form set out in Part II of Schedule 1 and the interpreter shall first make a declaration or take an oath in the form set out in Part III of Schedule 1. (Replaced 51 of 1995 s. 8)

(Amended 123 of 1997 s. 9; L.N. 312 of 1998)

[cf. 1835 c. 62 s. 18 U.K.]

15. Declaration in writing sufficient to prove execution of will etc.

An attesting witness to the execution of a will, deed or document, and any other competent person, may verify and prove the signing, sealing, publication or delivery of the will, deed or document by a declaration made in the manner provided by section 14.

[cf. 1835 c. 62 s. 16 U.K.]

Part IV — Promissory Oaths

16. Forms of Oaths

The Oaths referred to in this Ordinance as—

(a)

the Oath of the Chief Executive; (Replaced 123 of 1997 s. 10)

(b)

the Oath of the Principal Officials; (Replaced 123 of 1997 s. 10)

(c)

the Executive Council Oath; (Replaced 123 of 1997 s. 10)

(ca)

(Repealed 123 of 1997 s. 10)

(d)

the Legislative Council Oath; (Replaced 123 of 1997 s. 10)

(da)

(Repealed 123 of 1997 s. 10)

(db)

the District Council Oath; (Added 13 of 2021 s. 4)

(e)

the Judicial Oath; (Replaced 123 of 1997 s. 10)

(f)

the Oath of Fidelity; and (Added 123 of 1997 s. 10)

(g)

the Oath of Secrecy, (Added 123 of 1997 s. 10)

shall be in the respective forms set out in Schedule 2.

(Amended 123 of 1997 s. 10)

[cf. 1868 c. 72 ss. 2, 3 & 4 U.K.]

16A. Oath of the Chief Executive

(1)

A person appointed or elected as the Chief Executive shall take the Oath of the Chief Executive before entering upon any of the duties of his office.

The Clerk to the Executive Council and the Deputy Clerk to the Executive Council shall, as soon as possible after appointment, each take the Oath of Secrecy, which shall be administered by the Director of the Chief Executive’s Office.

(Amended 14 of 1994 s. 24; 123 of 1997 s. 15; 21 of 1999 s. 27; 10 of 2005 s. 5)

20A. Declining or neglecting to take oath

(1)

This section applies to a person who is required by this Part to take an oath.

(2)

The person is to be regarded as declining or neglecting to take the oath if the person intentionally—

(a)

contravenes the oath-taking procedure of the person or desecrates the oath-taking ceremony;

(b)

alters or distorts the wording of the oath;

(c)

says words that do not accord with the wording of the oath; or

(d)

acts in a way that is not sincere or not solemn in purporting to take the oath.

(3)

In this section—

(a)

a reference to the oath-taking ceremony includes—

(i)

the oath-taking procedure of any person during the ceremony; and

(ii)

if section 5 of the National Anthem Ordinance (2 of 2020) requires the national anthem to be played and sung on the occasion of the ceremony, the playing and singing of the national anthem as required under that Ordinance; and

(b)

a reference to the oath-taking procedure of a person includes the taking of the oath by the person.

(4)

Subsection (2) does not limit the operation of section 21.

(Added 13 of 2021 s. 9)

21. Consequence of declining or neglecting to take oath

(Amended 13 of 2021 s. 10)

(1)

Any person who declines or neglects to take an oath duly requested which he is required to take by this Part, shall— (Amended 123 of 1997 s. 16; 13 of 2021 s. 10)

(a)

if he has already entered on his office, vacate it, and

(b)

if he has not entered on his office, be disqualified from entering on it.

[cf. 1868 c. 72 s. 7 U.K.]

(2)

No person may arrange for the person who declines or neglects to take the oath to retake it. (Added 13 of 2021 s. 10)

(3)

However, subsections (1) and (2) do not apply if—

(a)

a person declined or neglected to take the oath before a person who is authorized by this Part to administer it (oath administrator); and

(b)

the oath administrator is satisfied that the person did not intentionally decline or neglect to take the oath. (Added 13 of 2021 s. 10)

22.

(Repealed 13 of 2021 s. 11)

Part V — General

23. Use of English or Chinese

An oath, affidavit, affirmation or declaration may be administered, sworn, affirmed, declared, made, taken or received either in English or in Chinese at the option of the witness, deponent, affirmant, declarant or the person taking an oath.

Schedule 1

(Amended 123 of 1997 s. 18)

Part I — Declaration

[s. 14]

	I, A.B., of
, solemnly and sincerely declare that [Insert facts.]

	And I make this solemn declaration conscientiously believing the
same to be true and by virtue of the Oaths and Declarations Ordinance.

			(Signed) A.B.

	Declared at in Hong Kong
this day of 19

			Before me,

		[Signature and designation, i.e., Justice of the Peace/Notary Public/Commissioner for Oaths.]

(Amended 123 of 1997 s. 18)

Part II — Declaration by person who is unfamiliar with the English language or the Chinese language

[s. 14]

	I, A.B., of
, solemnly and sincerely declare that [Insert facts.]

	And I make this solemn declaration conscientiously believing the
same to be true and by virtue of the Oaths and Declarations Ordinance.

			(Signed) A.B.

	Declared at in Hong Kong
this day of 19 , through the interpretation of [Insert name of interpreter] of [Insert address and occupation], the said interpreter 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,

		[Signature and designation, i.e., Justice of the Peace/Notary Public/Commissioner for Oaths.]

(Part II amended 51 of 1995 s. 9; 123 of 1997 s. 18)

Part III — Declaration or oath by interpreter

[s. 14]

	I, C.D., of
, solemnly and sincerely declare* that I well understand the official language in which this document is written and [state language in which the contents of this document are interpreted] language and that I have truly, distinctly, and audibly interpreted the contents of this document to the declarant [Insert name], and that I will truly and faithfully interpret the declaration about to be administered to him.

			(Signed) C.D.
			Interpreter.

	Declared at in Hong Kong
this day of 19 .

			Before me,

		[Signature and designation, i.e., Justice of the Peace/Notary Public/Commissioner for Oaths.]

*In case of an oath substitute “swear” for “solemnly and sincerely declare”.

(Part III amended 51 of 1995 s. 9; 123 of 1997 s. 18; 23 of 1998 s. 2)(Schedule 1 amended 27 of 1999 s. 3)

Schedule 2

[ss. 16, 16A, 16B, 17, 18, 19 & 20]

Part I — The Oath of the Chief Executive

I, _, swear that, in the office of Chief Executive of the Hong Kong Special Administrative Region of the People’s Republic of China, I will uphold the Basic Law of the Hong Kong Special Administrative Region of the People’s Republic of China, bear allegiance to the Hong Kong Special Administrative Region of the People’s Republic of China and serve the Hong Kong Special Administrative Region conscientiously, dutifully, in full accordance with the law, honestly and with integrity, and be held accountable to the Central People’s Government of the People’s Republic of China and the Hong Kong Special Administrative Region.