Hong Kong Ordinances

ENDURING POWERS OF ATTORNEY ORDINANCE - SECT 3

Characteristics of an enduring power

(1) For the purposes of this Ordinance, a power of attorney is an
enduring power of attorney if the instrument which creates the power-

   (a)  is in the prescribed form;

   (b)  was executed in the prescribed manner by the donor and the attorney;
        and

   (c)  contained at the time of execution by the donor the prescribed 
        explanatory information.

(2) For the purposes of this section-

   (a)  an instrument in the prescribed form purporting to have been executed
        in the prescribed manner shall be taken, in the absence of evidence to
        the contrary, to be a document which incorporated at the time of
        execution by the donor the prescribed explanatory information; and

   (b)  where the instrument differs in any respect which is not material in
        form or mode of expression from that prescribed, it shall be treated
        as being in the prescribed form.

(3) For the avoidance of doubt it is declared that an instrument which
purports to create an enduring power but does not comply with this section
cannot take effect as an enduring power.