In our experience, 90% of cases require a sworn affidavit. At the completion of the process serve, Hong Kong Process Serve will provide a comprehensive report. The report will probably contain photographs taken by our server. Our reports are often used as the basis of your affidavit. We usually provide the report in pdf format, but if it would assist you by providing it in some other format, please tell us and we will be happy to oblige.
Commissioner of Oaths
It is standard practice to use a Commissioner of Oaths to administer the swearing of the affidavit after serving legal papers in Hong Kong. This is a service that we can provide at a most cost-effective rate. We have never had a case when this method has not been acceptable. However, depending on your jurisdiction, we advise that you confirm with your legal adviser that this procedure is acceptable.
We now have access to a first class Solicitor that is happy to oversee the swearing of our affidavits – but, of course, there is a charge for this.
We have not yet used a Notary Public to conduct the swearing of an affidavit – simply because of the cost involved.
Sworn Affidavit Remarks
Note 1: Hong Kong has two official languages – English and Chinese, but there are three spoken languages in Hong Kong – English, Mandarin (Putonghua) and Cantonese. There is no issue in having affidavits sworn in English. With Hong Kong Process Serve, we will never ask you to pay to have an English affidavit translated into Chinese.
Note 2: For legal firms who wish to know more about the serving and swearing of documents in Hong Kong, please refer to the Hong Kong Department of Justice Bilingual Laws Information System (BLISS) and search on Chapter 4A.
Note 3: The Hague Convention also contains a Convention Abolishing the Requirement of Legalisation for Foreign Public Documents, otherwise known as the Apostille Convention. Hong Kong Process Serve can arrange for sworn affidavits and other public documents to be Apostilled by the Hong Kong Competent Authority – the High Court.