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Name Affidavit Template for Hong Kong

A Name Affidavit is a formal sworn statement made under oath in Hong Kong, declaring the truth about a person's name, including variations, changes, or multiple representations of their name. This document, governed by Hong Kong law including the Oaths and Declarations Ordinance (Cap. 11), serves as official verification of an individual's name history and identity. It is particularly relevant in Hong Kong's bilingual legal system, where individuals may have both English and Chinese names, and where various transliterations or alternative spellings of names may exist.

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What is a Name Affidavit?

A Name Affidavit is a crucial legal document used in Hong Kong when formal verification of a person's name or name history is required. This document becomes necessary in various situations, such as when dealing with discrepancies in official documents, establishing identity for legal or financial purposes, or clarifying multiple name representations in Hong Kong's bilingual system. The affidavit typically includes the deponent's current legal name, previous names, various spellings or representations, and the reason for any name changes. It must be sworn before a Commissioner for Oaths or Notary Public to be legally valid under Hong Kong law. The document is particularly important in cases involving overseas transactions, opening bank accounts, property transactions, or situations where multiple versions of a name exist in official documents.

What sections should be included in a Name Affidavit?

1. Title and Jurisdiction: Specifies that this is an affidavit and indicates Hong Kong jurisdiction

2. Deponent Information: Full details of the person making the affidavit including full legal name, HKID number/passport number, and current address

3. Statement of Truth: Declaration that the contents are true and accurate to the best of the deponent's knowledge

4. Current Name Declaration: Clear statement of current legal name in both English and Chinese (if applicable)

5. Name History: Chronological listing of all names previously used, including birth name

6. Purpose of Affidavit: Explanation of why the name affidavit is being made

7. Signature Block: Space for deponent's signature and date

8. Notarial/Commissioner Authentication: Section for notary public or commissioner for oaths to verify the affidavit

What sections are optional to include in a Name Affidavit?

1. Supporting Document References: References to attached documents proving name usage or changes, used when documentary evidence is available

2. Alternative Name Spellings: List of various spellings or representations of the name, included when relevant

3. Professional/Business Use: Declaration of names used in professional or business contexts, included when relevant to business or professional purposes

4. Translation Certificate: Required when the affidavit includes translated names or documents

5. Marriage/Divorce Details: Included when name changes are related to marriage or divorce

What schedules should be included in a Name Affidavit?

1. Schedule A - Identity Documents: Copies of HKID, passport, or other official identification documents

2. Schedule B - Supporting Documents: Copies of relevant documents such as birth certificate, marriage certificate, deed poll, or other official documents showing name usage

3. Schedule C - Document Translations: Certified translations of any non-English or non-Chinese documents referenced in the affidavit

Authors

Alex Denne

Advisor @ GenieAI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Publisher

GenieAI

Document Type

Affidavit

Cost

Free to use

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