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Pre Employment Declaration Template for Hong Kong

A Pre-Employment Declaration is a formal document used in Hong Kong's employment process where prospective employees declare and certify various aspects of their background, qualifications, and eligibility to work. The document, governed by Hong Kong employment law including the Employment Ordinance and Personal Data (Privacy) Ordinance, requires candidates to confirm the accuracy of their application information, disclose relevant personal history, and provide consent for data processing. It serves as a legal safeguard for employers while ensuring compliance with Hong Kong's strict employment and privacy regulations.

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What is a Pre Employment Declaration?

The Pre-Employment Declaration is a crucial document in Hong Kong's hiring process, typically issued after a conditional job offer but before employment commences. It requires prospective employees to make formal declarations about their personal background, employment eligibility, and qualifications, while ensuring compliance with Hong Kong's employment laws, including the Employment Ordinance and Personal Data (Privacy) Ordinance. The document serves multiple purposes: it verifies candidates' credentials, establishes legal compliance, particularly regarding work authorization and personal data protection, and provides employers with recourse in cases of false declarations. This document is especially important in Hong Kong's business environment, where regulatory compliance and proper documentation are paramount.

What sections should be included in a Pre Employment Declaration?

1. Personal Information: Employee's full name, HKID/passport number, contact details, and current address

2. Immigration Status: Declaration of right to work in Hong Kong and current visa status if applicable

3. Previous Employment: Declaration regarding any existing employment contracts or non-compete obligations

4. Application Accuracy: Declaration that all information provided during the application process is true and complete

5. Criminal Record: Declaration of any unspent criminal convictions relevant to the role

6. Health Status: Declaration of any medical conditions that might affect job performance (must comply with Disability Discrimination Ordinance)

7. Data Privacy Consent: Consent for collection, processing, and sharing of personal data in accordance with PDPO

8. Acknowledgment: Acknowledgment that false declarations may result in termination or withdrawal of job offer

9. Signature Block: Space for declarant's signature, date, and witness details if required

What sections are optional to include in a Pre Employment Declaration?

1. Professional Qualifications: Declaration of professional qualifications and licenses when required for regulated professions

2. Bankruptcy Status: Declaration of bankruptcy status, typically required for financial sector positions

3. Conflicts of Interest: Declaration of any business interests or relationships that might conflict with the role

4. Medical Examination Consent: Consent to undergo medical examination if required for the role

5. Security Clearance: Declaration related to security clearance requirements for sensitive positions

6. Intellectual Property: Declarations regarding previous IP obligations that might affect new employment

What schedules should be included in a Pre Employment Declaration?

1. Schedule 1 - Prohibited Occupations: List of positions or industries where the candidate has agreed not to work due to previous employment restrictions

2. Schedule 2 - Required Documentation: Checklist of documents that must be provided to support the declarations made

3. Schedule 3 - Data Privacy Policy: Detailed privacy policy explaining how personal data will be collected, used, and stored

4. Appendix A - Professional Credentials: List of required professional qualifications and certifications for the role

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

Employment Form

Cost

Free to use

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