Hong Kong Regulations

THE RULES OF THE DISTRICT COURT - ORDER 41

AFFIDAVITS

1. Form of affidavit (O. 41, r. 1)

(1) Subject to paragraphs (2) and (3), every affidavit sworn in a cause or
matter must be entitled in that cause or matter.

(2) Where a cause or matter is entitled in more than one matter, it shall be
sufficient to state the first matter followed by the words "and other
matters", and where a cause or matter is entitled in a matter or matters and
between parties, that part of the title which consists of the matter or
matters may be omitted.

(3) Where there are more plaintiffs than one, it shall be sufficient to state
the full name of the first followed by the words "and others", and similarly
with respect to defendants.

(4) Every affidavit must be expressed in the first person and, unless
the Court otherwise directs, must state the place of residence of the deponent
and his occupation or, if he has none, his description, and if he is, or is
employed by, a party to the cause or matter in which the affidavit is sworn,
the affidavit must state that fact. In the case of a deponent who is giving
evidence in a professional, business or other occupational capacity the
affidavit may, instead of stating the deponent's place of residence, state the
address at which he works, the position he holds and the name of his firm or
employer, if any.

(5) Whether or not both sides of the paper are used, the printed, written or
typed sides of the paper of every affidavit must be numbered consecutively.

(6) Every affidavit must be divided into paragraphs numbered consecutively,
each paragraph being as far as possible confined to a distinct portion of the
subject.

(7) Dates, sums and other numbers must be expressed in an affidavit in figures
and not in words.

(8) Every affidavit must be signed by the deponent and the jurat must be
completed and signed by the person before whom it is sworn.

(9) Where any affidavit has been interpreted to the deponent before being
sworn it shall contain a statement to that effect, state the name and address
of the person who interpreted it, and be signed by him.

2. Affidavit by 2 or more deponents (O. 41, r. 2)

Where an affidavit is made by 2 or more deponents, the names of the persons
making the affidavit must be inserted in the jurat except that, if the
affidavit is sworn by both or all the deponents at one time before the same
person, it shall be sufficient to state that it was sworn by both (or
all) of the "above named" deponents.

3. Affidavit by illiterate or blind person (O. 41, r. 3)

Where it appears to the person administering the oath that the deponent is
illiterate or blind, he must certify in the jurat that-

   (a)  the affidavit was read in his presence to the deponent;

   (b)  the deponent seemed perfectly to understand it; and

   (c)  the deponent made his signature or mark in his presence, and the
        affidavit shall not be used in evidence without such a certificate
        unless the Court is otherwise satisfied that it was read to and
        appeared to be perfectly understood by the deponent.

4. Use of defective affidavit (O. 41, r. 4)

An affidavit may, with the leave of the Court, be filed or used in evidence
notwithstanding any irregularity in the form thereof.

5. Contents of affidavit (O. 41, r. 5)

(1) Subject to Order 14, rules 2(2) and 4(2), to Order 86, rule 2(1), to
paragraph (2) of this rule and to any order made under Order 38, rule 3, an
affidavit may contain only such facts as the deponent is able of his own
knowledge to prove.

(2) An affidavit sworn for the purpose of being used in interlocutory
proceedings may contain statements of information or belief with the sources
and grounds thereof.

6. Scandalous, etc., matter in affidavit (O. 41, r. 6)

The Court may order to be struck out of any affidavit any matter which is
scandalous, irrelevant or otherwise oppressive.

7. Alterations in affidavits (O. 41, r. 7)

(1) An affidavit which has in the jurat or body thereof any interlineation,
erasure or other alteration shall not be filed or used in any proceeding
without the leave of the Court unless the person before whom the affidavit was
sworn has initialled the alteration and, in the case of an erasure, has
re-written in the margin of the affidavit any words or figures written on the
erasure and has signed or initialled them.

(2) Where an affidavit is sworn at the Registry, the Seal of the  Court may be
substituted for the signature or initials required by this rule.

8. Affidavit not to be sworn before solicitor
of party, etc. (O. 41, r. 8)

No affidavit shall be sufficient if sworn before the solicitor of the party on
whose behalf the affidavit is to be used or before any agent, partner or clerk
of that solicitor.

9. Filing of affidavits (O. 41, r. 9)

(4) Every affidavit used in a cause or matter proceeding in the  Court must be
filed in the Registry.

(5) Every affidavit must be indorsed with a note showing on whose behalf it is
filed and the dates of swearing and filing, and an affidavit which is not so
indorsed may not be filed or used without the leave of the  Court.

10. Use of original affidavit or office
copy (O. 41, r. 10)

(1) Subject to paragraph (2), an original affidavit may be used without the
leave of the Court, notwithstanding that it has not been filed in accordance
with rule 9.

(2) Where an original affidavit is used then, unless the party whose affidavit
it is undertakes to file it, he must immediately after it is used leave it
with the judicial clerk in court or chambers, as the case may be, who shall
send it to be filed.

(3) Where an affidavit has been filed, an office copy thereof may be used in
any proceedings.

11. Document to be used in conjunction with affidavit
to be exhibited to it (O. 41, r. 11)

(1) Any document to be used in conjunction with an affidavit must be
exhibited, and not annexed, to the affidavit.

(2) Any exhibit to an affidavit must be identified by a certificate of the
person before whom the affidavit is sworn. The certificate must be entitled in
the same manner as the affidavit and rule 1(1), (2) and (3) shall apply
accordingly.

12. Affidavit taken outside Hong Kong admissible
without proof of seal, etc. (O. 41, r. 12)

(1) Any affidavit sworn in any place outside Hong Kong before any judge,
officer or other person duly authorized, or before any commissioner authorized
by the Court to take affidavits therein, may be used in the  Court in all
cases where affidavits are admissible.

(2) Any affidavit sworn in any place outside Hong Kong before a judge or
magistrate, being authenticated by the official seal of the foreign court to
which he is attached or of such magistrate, or before a notary public or a
consular officer, may be used in the Court in all cases where affidavits are
admissible.

(3) The fact that an affidavit purports to have been sworn in the manner
prescribed by paragraph (1) or (2) of this rule shall be prima facie evidence
of the seal or signature, as the case may be, of any such court, judge,
magistrate, commissioner or other officer or person therein mentioned,
appended or subscribed to such affidavit, and of the authority of such court,
judge, magistrate, commissioner or other officer or person to administer
oaths.