### Oaths and Declarations Ordinance 《宣誓及聲明條例》

7. Affirmation in lieu of oath
(1) A person, upon objecting to being sworn, shall be permitted to make his affirmation instead of taking an oath for any purpose for which an oath is required by law. [cf. 1888 c. 46 s. 1 U.K.]
(2) A person who is neither a Christian nor a Jew shall be permitted to make his affirmation instead of taking an oath for any purpose for which an oath is required by law.
(3) An affirmation shall commence—
(a) “I, , solemnly, sincerely, and truly declare and affirm”, (Amended 123 of 1997 s. 5)
(b) (Repealed 123 of 1997 s. 5)and then proceed with the words of the oath prescribed by law, omitting any words of imprecation or calling to witness. [cf. 1888 c. 46 s. 2 U.K.]
(4) An affirmation in writing shall commence—
(a) “I, , of , solemnly and sincerely affirm”, (Amended 123 of 1997 s. 5)
(b) (Repealed 123 of 1997 s. 5)and end—
(i) “Affirmed at this day of 19 , Before me .”. (Amended 123 of 1997 s. 5) [cf. 1888 c. 46 s. 4 U.K.]
(ii) (Repealed 123 of 1997 s. 5)(5) An affirmation shall be of the same force and effect as an oath in the usual form.
(6) Subsections (1), (3) and (4) shall apply in relation to a person to whom it is not reasonably practicable without inconvenience or delay to administer an oath in the manner appropriate to his religious belief as it applies in relation to a person objecting to being sworn. [cf. 1961 c. 21 s. 1 U.K.]
(7) A person who may be permitted under this section to make his affirmation may also be required to do so. [cf. 1961 c. 21 s. 1 U.K.]

8. Interpretations of oaths and affirmations
If a person taking an oath or making an affirmation is unfamiliar with the official language in which the oath or affirmation is taken or made, the oath or affirmation shall be interpreted to him by a sworn interpreter.
(Amended 51 of 1995 s. 7)

### Oaths and Declarations Ordinance 《宣誓及聲明條例》

9. Unlawful administration of oaths
(1) No person shall administer or receive an oath, affidavit or affirmation relating to any matter or thing in respect of which that person has no jurisdiction by some enactment.
(2) Any person who wilfully contravenes subsection (1) shall be guilty of an offence and shall be liable on conviction to a fine at level 1. (Amended E.R. 3 of 2021)
(3) Nothing in this section shall extend to an oath, affidavit or affirmation before a justice—
(a) relating to the maintenance of public order, or the prosecution, trial, or punishment of offences; or
(b) relating to any proceedings before the Legislative Council or before any committee thereof; or
(c) for the purpose of legal proceedings in any place outside Hong Kong; or (Amended 123 of 1997 s. 6)
(d) required by the law of any place outside Hong Kong to give validity to any document designed to be used in that place. (Amended 123 of 1997 s. 6)
(4) Nothing in this section shall extend to an oath, affidavit or affirmation before a notary required by the law of any place outside Hong Kong to give validity to any document designed to be used in that place. (Amended 123 of 1997 s. 6)
[cf. 1835 c. 62 s. 13 U.K.]

10. Admissibility of notarial acts done before Chinese diplomatic and consular officers
An oath, affidavit, affirmation and notarial act administered, sworn, affirmed, or done before a diplomatic or consular officer of the People’s Republic of China outside the People’s Republic of China shall be as effectual as if duly administered, sworn, affirmed, or done by or before any lawful authority in Hong Kong.
(Amended 123 of 1997 s. 7)[cf. 1889 c. 10 s. 6(1) U.K.; 1891 c. 50 s. 2 U.K.]

11. Evidence for civil proceedings outside Hong Kong
A person appointed by a court or other judicial authority of a place outside Hong Kong shall have power in Hong Kong to administer oaths or take affidavits for the purpose of taking evidence for use in proceedings, not being criminal proceedings, carried on under the law of that place.
(Amended 123 of 1997 s. 8)[cf. 1963 c. 27 s. 1 U.K.]

### Oaths and Declarations Ordinance 《宣誓及聲明條例》

12. Taking and receiving declarations
A justice, notary, commissioner or other person authorized by law to administer an oath may take and receive the declaration of any person made before him in the manner provided by section 14.
(Amended 21 of 1999 s. 26)[cf. 1835 c. 62 s. 18 U.K.]

13. Manner of making declarations
If by law a person is authorized or required to make a declaration or a statutory declaration, that declaration shall be made and signed in the manner provided by section 14.
[cf. 1835 c. 62 s. 20 U.K.]

14. Form of declaration
(1) A declaration shall be in one of the forms set out in Schedule 1.
(2) If the declarant is unfamiliar with the official language in which the declaration is made, the declaration shall be in the form set out in Part II of Schedule 1 and the interpreter shall first make a declaration or take an oath in the form set out in Part III of Schedule 1. (Replaced 51 of 1995 s. 8)
(Amended 123 of 1997 s. 9; L.N. 312 of 1998)[cf. 1835 c. 62 s. 18 U.K.]

15. Declaration in writing sufficient to prove execution of will etc.
An attesting witness to the execution of a will, deed or document, and any other competent person, may verify and prove the signing, sealing, publication or delivery of the will, deed or document by a declaration made in the manner provided by section 14.
[cf. 1835 c. 62 s. 16 U.K.]