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(Webinar via Zoom) Oaths, Affidavits and Declarations: Local and Foreign Issues
Samuel Li, Solicitor & Notary Public, Samuel Li & Co
Date: 17 January 2023 (Tuesday)
Time: 2:30pm - 5:45pm
Level: I (Intermediate)
For delegates who have prior knowledge of the subject area
Language: Cantonese 粵語
Fee: HK$ 1,800
Accreditation: (3 CPD Points being applied for - The Law Society of HK)
Ref: L23OT01
Venue: Webinar Course
Presenter's Biography:

Mr Samuel Li is the Sole Proprietor of Samuel Li & Co., Solicitors & Notaries. He qualified as a solicitor in Hong Kong in 1983. He passed the Notarial Examination in 1995 and was admitted as a Hong Kong Notary Public.

Samuel now focuses on notarial practices. In the preceding 20+ years as a Hong Kong Notary Public, he has an excellent track record in providing notarial services to clients including overseas government, and world's leading brand companies. More than 70 countries and regions on world's 5 continents have accepted Samuel's notarised documents.

Samuel has given 40 seminars to professionals to demonstrate notarial practice, with total audience exceeding 3,485.

Samuel is the author of the soon released notarial book named "Notarial Services in Hong Kong: General Principles, Values and Practice".

Samuel has received 14 Pro Bono Legal Services Awards & Professional Volunteer Service Awards respectively from the Home Affairs Bureau of the HKSAR, The Law Society of Hong Kong and Hong Kong Council of Volunteering in recognition of his promoting legal knowledge and professional volunteering services to the public. In 2014, Samuel was nominated by the Hong Kong Law Society to participate in the Second Leadership Bauhinia Volunteer Award Selection organized by the Agency for Volunteer Service.
 
Objective:

This is one of the five seminars given by the speaker relating to notarial practice.
In their daily practice, legal practitioners often handle Affidavits and Declarations in court cases, conveyancing transactions, and other legal matters.

Affidavits and Declarations that are sworn or taken in Hong Kong, but are used in foreign countries (and vice versa) often involve cross border issues that had been litigated in court.

It is therefore important for practitioners and their staff to be familiar with the relevant requirements.

In this seminar, the speaker will explain the relevant legislations, and illustrate with court decided cases.

*This seminar will finish at 5:50pm. There are two 10-min breaks in between.
 
Outline:

  • Who Can Administer Oath?
  • Manner of Administering Oaths
  • Solemn Affirmations in Lieu of Oaths
  • Interpretation of Oaths and Solemn Affirmations
  • Affidavits
    • Formal requirements for Affidavits to be produced in the High Court

  • Affirmations in Writing
  • Statutory Declarations
  • Legalisation
  • Hague Convention 1961(Apostille Convention)
  • Cross Border Issues
    • 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)

  • Offences
    • Crimes Ordinance, Cap 200
      • s. 31
      • s. 36
      • s. 40

      • HKSAR v. Kanjanapas Chong Kwong, Derek And Others, DCCC 298/2005

  • Questions & Answers

 
Category: Others
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