FAQ
China Appointed Attesting Officer
A China-Appointed Attesting Officer is a senior lawyer qualified in Hong Kong with over ten years of practice experience. They are appointed by China’s Ministry of Justice after undergoing centralized professional training and passing required examinations and assessments. China-Appointed Attesting Officers resolve the mutual recognition of documents between Mainland China, Hong Kong, and Macao. They issue notarial certificates to verify legal acts, legally significant events, and documents occurring in Hong Kong.
Hong Kong and Macao possess independent judicial systems that significantly differ from Mainland China’s legal framework. Consequently, legal acts, documents, and facts originating in Hong Kong or Macao are not automatically recognized in the Mainland. According to the Notice of the Supreme People’s Court and the Ministry of Justice on the Validity of Notarized Documents Related to Hong Kong, only notarial certificates issued by China-Appointed Attesting Officers and subsequently reviewed, stamped, and forwarded by China Legal Services (Hong Kong) Ltd. under the Ministry of Justice possess evidentiary and enforceable validity in the Mainland.
1. Confirm document type (verify format, content, and quantity with the Mainland authority).
2. Engage a China-Appointed Attesting Officer (experienced China-Appointed Attesting Officer provides professional advice).
3. Prepare materials and draft documents.
4. Sign documents (signatures or declarations by China-Appointed Attesting Officer or client depending on document type).
5. Submit the notarized instrument to China Legal Services Limited for review, registration, stamping, and forwarding (not reviewed, stamped, and forwarded certified instruments should be regarded as not having the validity of a notarized instrument under the PRC Civil Procedure Law).
6. Collect documents (1-2 working days for personal matters; 3-4 working days for corporate matters; options for in-person collection, authorized pickup, or postal delivery).
- Declarations - Certification and witnessing of execution of legal documents - Certification of legal facts - Certification of original and duplicate documents - Certification matters related to the Mainland and Hong Kong Closer Economic Partnership Arrangement (CEPA)
You need a China-Appointed Attesting Officer to issue a "Declaration of Single Status for Marriage". Required documents depend on your marital history: (1) No prior marriage: Hong Kong ID card, Mainland Travel Permit for Hong Kong and Macao Resident, Certificate of No Marriage Record, spouse’s Mainland household register (hukou) and ID card, plus the full name, address, postal code, and phone number of the Mainland Civil Affairs Bureau where marriage will be registered, and your Hong Kong address. (2) Prior marriage(s): All documents above, plus marriage certificate(s) and divorce certificate(s) for each previous marriage.
You need a "Certificate of Company Director Resolution". Additionally, prepare the following Hong Kong company documents: Business Registration Certificate (check validity), Certificate of Incorporation, Unique Business Identifier Reference, Annual Return, Protected Director Information, Written Resolution of All Directors, Register of Directors, Register of Members (Shareholders).
To renounce inheritance, you need to prepare a "Statement of Renunciation of Inheritance Rights" and provide the following documents and information: Deceased's death certificate, ID card, and Mainland Travel Permit for Hong Kong and Macao Resident; Each declarant's Hong Kong ID card and Mainland Travel Permit for Hong Kong and Macao Resident; Proof of kinship.
To renounce inheritance, you need to prepare a "Statement of Renunciation of Inheritance Rights" and provide the following documents and information: Deceased's death certificate, ID card, and Mainland Travel Permit for Hong Kong and Macao Resident; Each declarant's Hong Kong ID card and Mainland Travel Permit for Hong Kong and Macao Resident; Proof of kinship.
If you cannot go to the Mainland in person, you can appoint a China-Appointed Attesting Officer to notarize the "Power of Attorney" authorizing the Mainland lawyer to act on your behalf.
You need to apply for the "Administrating declaration of same person statement". The following documents and materials are required: Hong Kong Identity Card, Mainland Travel Permit for Hong Kong and Macao Resident, Mainland ID Card, Cancellation document issued by public security authorities (supporting document for identity cancellation).
Bankruptcy
Bankruptcy is a legal process for individuals unable to repay their debts. A court declares you bankrupt, and your assets are managed by a trustee to pay creditors.
Individuals or partners of a partnership can file for bankruptcy if they cannot pay their debts. You can file a debtor’s petition yourself or a creditor can file against you. [Cap. 6 Section 3(1)]
Either the Official Receiver or a private insolvency practitioner may be appointed as your trustee in bankruptcy to deal with your case. You have no right to choose your trustee in bankruptcy.
Bankruptcy significantly impacts your credit rating and remains on your credit report for several years, affecting your ability to obtain loans or credit. Public records of the bankruptcy are noted, and it may limit access to certain financial services.
Not always. Essential assets, such as basic household items, may be protected, but non-essential assets, like investments or secondary properties, may be sold by the trustee. Your share of a family home may also be included, though you may be allowed time to make housing arrangements. [Cap. 6 Section 43A(1-2), 43F]
For first-time bankrupts who cooperate fully with the trustee, bankruptcy typically lasts four years, after which you are automatically discharged. Non-cooperation or objections may extend this to eight years. A second bankruptcy lasts five years. [Cap. 6 Section 30A(2)]
The trustee will assess how much of your income you should be required to pay to your trustee for the benefit of your creditors. You will be entitled to retain enough of your income to meet your reasonable domestic needs. Your trustee will decide how much that is. [Cap. 6 Section 43E]
Accrued benefits from mandatory MPF contributions are excluded from the bankrupt’s estate under the Mandatory Provident Fund Schemes Ordinance. [Cap.485 Section 16(1A)]
No. [Cap. 6 Section 43A]
You or a creditor can file a petition with the High Court. For a creditor’s petition, a statutory demand for debts of HKD 10,000 or more is typically issued first. You must submit a Statement of Affairs and pay fees. A solicitor can guide you through the process and court hearings.
Civil Procedure
Yes. It is known as the ‘limitation period’, and varies depending on the type of case you have, for example:
● For general contract claims: 6 years
● For personal injury claims: 3 years from the date of your accident/knowledge of the injury (work-related: 2 years)
● For cases for recovering ownership of land: 12 years from the date you were dispossessed of your land
The limitation period may be extended if the plaintiff is mentally disabled or if the claim is based on the fraud of the defendant. The time limit only begins when the plaintiff recovers from the mental disability or finds out about the fraud.
The court you should file a claim to depends on the type and value of your claim.
● Contract/tort dispute ≤ HK$75,000 → Small Claims Tribunal
● Employment-related dispute → Labour Tribunal
● Landlord-tenant/building management/compensation for resumed land, rating, rent, housing → Lands Tribunal
● Market misconduct (insider dealing, false trading, price rigging) → Market Misconduct Tribunal
● Dispute up to HK$3 million, or land recovery where annual rent/rateable value ≤ HK$320,000 → District Court
● Monetary claim HK$3 million or more → Court of First Instance of the High Court
Although not compulsory, it is preferable if you issue a demand letter to the person/entity you are intending to sue. The letter should inform the recipient of the details of the issue at hand, what you seek as compensation/relief and the deadline, and consequences for non-compliance.
This would give the recipient and yourself an opportunity to address the dispute pre-action, for example by attempting arbitration/mediation and avoid costs of litigation.
You should apply to court to issue a Writ of Summons to be served on the defendant when there are strong disputes about the facts involved in your case. If there are no disputes about the facts, instead the dispute is about points of law or interpretation of provisions in legal documents, you should apply for an Originating Summons to be issued instead.
During the pleading stage, you should submit documents that write out the important details of your case. Common types of pleadings are:
● Plaintiff’s Statement of Claim
● Defendant’s Defence (and Counterclaim) - within 28 days after receiving the statement of claim
● Plaintiff’s Reply (and Defence to Counterclaim) - within 28 days after receiving the defence (and counterclaim)
Only the facts and points pleaded in the documents will be relied on at trial. If necessary, parties can request better and further particulars from each other.
The pleadings are closed after 14 days the reply/defence of counterclaim was served by the Plaintiff, or 28 days after the defence was served by the Defendant if there is no reply/defence to counterclaim by the Plaintiff.
Within 14 days after the close of pleadings, both parties should disclose to each other the documents they possess through a list of documents. Both parties should disclose all documents relevant to the case, regardless of if the documents favor or disadvantage their case. The two parties may inspect each others’ actual documents listed on the lists of documents.
No, but if key facts are disputed, witness statements would assist the parties in providing extra evidence to the courts. During the Case Management Conference, the court commonly directs the parties to serve to the other party written witness statements within a specific period of time, which address the facts that are relevant to issues to be decided, for example details of the occurrence of the event that caused the personal injury or the making of an oral contract.
Witness statements usually include a chronological description of the relevant events and are expressed in the witness’ own language, instead of formal legal jargon.
Within 28 days after the close of pleadings, parties must file and serve their Timetabling Questionnaire to propose case management directions. There would be a Case Management Summons Hearing, where the Court settles directions for trial preparation, for example the dates for the exchange documents mentioned above. The Court may adjourn this Hearing or schedule a Case Management Conference.
It is a review, held before the trial judge at least 8 weeks before the trial begins, which must be attended by all parties. At the Pre-Trial Review, all parties must have the necessary information regarding the availability of their Counsel, witnesses and, where appropriate, experts, so that the Judge can fix a reasonable trial date. The Judge may make orders for the efficient resolution of all outstanding matters.
No, the judgment does not get automatically enforced. The party that won the case (the judgment creditor) must take active steps to compel the losing party (judgment debtor) to comply, for example by obtaining a writ of execution from the court.
Criminal Procedure
No. Prosecution will only proceed if there is sufficient evidence for a reasonable prospect of conviction. Even with sufficient evidence, the prosecution must also consider whether it is in the public interest to prosecute, taking into account all relevant factors and circumstances.
No. Anyone charged with an offence is presumed innocent until convicted by the court. This presumption of innocence is a fundamental right under common law and Article 87 of the Basic Law of Hong Kong.
Magistrates’ Court
- - First tier court in HK, where all criminal cases commence.
- - Standard sentencing limit: generally 2 years’ imprisonment and $100,000 fine, but some statutes allow up to 3 years and $5,000,000 fine.
- - Special Magistrates handle minor offences (e.g. hawking, traffic), cannot impose prison, normal max fine $50,000 unless otherwise specified.
District Court
- - Handles a wide range of criminal cases, including indictable offences, but excluding murder, manslaughter, and rape.
- - Maximum prison sentence: 7 years.
- - No jury trials for criminal cases.
Court of First Instance (CFI)
- - Handles any criminal case, including indictable offences, usually with a jury of seven (or nine in some cases).
- - No limit on imprisonment length (subject to legislation).
- - Also acts as an appellate court, reviewing decisions from Magistrates’ Courts and District Court.
Court of Appeal
- - Hears appeals from the District Court and the Court of First Instance.
- - Handles appeals against convictions, sentences, or both, after trial in lower courts.
Court of Final Appeal (CFA)
- - Highest appellate court in Hong Kong.
- - Hears appeals from the Court of First Instance and the Court of Appeal.
- - Leave to appeal is required; CFA considers if the case involves a question of great general/public importance or significant legal point.
Yes. Under section 113 of Cap.227, you can appeal a conviction or sentence from the Magistrates’ Court to the Court of First Instance within 14 days. Appeals may be based on errors in law, fact, or sentencing severity.
According to Schedule 3 of Cap.221, excepted offences include: Manslaughter Rape or attempted rape Affray Offences under sections 4, 5, 6 of the Dangerous Drugs Ordinance (Cap.134) Offences under various sections of the Offences against the Person Ordinance (Cap.212) Offences or attempted offences under section 122 of the Crimes Ordinance (Cap.200) Offences under Part III of the Firearms and Ammunition Ordinance (Cap.238) Offences under sections 10 or 12 of the Theft Ordinance (Cap.210) Offences under section 33 of the Public Order Ordinance (Cap.245) Offences under section 4 or 10 of the Weapons Ordinance (Cap.217) Offences endangering national security
“Summary offences” are less serious and can only be tried in Magistrates’ Courts, unless charged together with an indictable offence. “Indictable offences” are more serious and can be tried in Magistrates’, District Court, or the CFI of the High Court (section 14, Cap.221).
For summary offences, prosecution must generally commence within 6 months of the offence (unless otherwise specified by law) (section 26, Cap.227). For indictable offences, there is no formal time limit under common law.
You have the right to be informed of the reason for arrest, to remain silent (except for providing your name and address), to contact a lawyer, and to be brought before a magistrate within 48 hours. These rights are protected under common law and the Hong Kong Bill of Rights Ordinance (Cap.383).
Yes. You can apply for bail at your first court appearance or later hearings. Under section 9D (Cap.221), a court may grant bail when you appear or are brought before it, or upon application to the court or a judge. The court considers factors such as flight risk, likelihood of reoffending, and offence severity. Bail may be granted with conditions.
Yes. Under Division 10 (Cap.221), you may appeal the sentence to a higher court within 28 days.
Divorce
Under Section 11A of the Matrimonial Causes Ordinance (Cap. 179), a divorce petition must establish one of the following grounds: — The marriage has broken down irretrievably (evidenced by 1 year continuous separation with consent or 2 years continuous separation without consent); — The respondent has behaved in such a way that the petitioner cannot reasonably be expected to live with them ("unreasonable behavior"); — The respondent has committed adultery and the petitioner finds it intolerable to live together; — The respondent has deserted the petitioner for at least 1 year.
For uncontested cases: typically 6-12 months from petition to final decree (including the mandatory 6-week period between decree nisi and decree absolute). Contested cases involving financial/property matters or child custody may take 1-3 years or longer.
The legal minimum age for marriage is 16. If either party is between 16 and 21 (and not a widow or widower), written consent from a parent or guardian is required.
The court considers factors such as each party’s income, property, financial needs, duration of marriage, age, health, contributions to the family, and any loss of benefits due to divorce.
Divorce applications must be submitted at least one year after marriage, unless the court grants an exception.
Yes, but one of the following must apply: either party is domiciled in Hong Kong, has been habitually resident in Hong Kong for the past 3 years, or has a substantial connection with Hong Kong.
The court prioritizes the "child's best interests," considering the child's wishes, parents' caregiving abilities and financial circumstances, and stability of living arrangements. Joint custody is common, but residence is usually granted to one parent.
Yes. If statutory conditions are met (such as 2 years’ separation, unreasonable behavior, adultery, or desertion), a person can file for divorce unilaterally.
Yes. "Separation" includes living under the same roof but leading separate lives. Courts consider sleeping arrangements, daily interactions, and whether conjugal relations have ceased.
You must wait until the court issues an "Absolute Decree of Divorce" before remarrying; otherwise, it may constitute bigamy.
Employees Compensation and Personal Injuries Claim
Employee’s compensation operates under the Employee’s Compensation Ordinance. Its compensation mechanism operates regardless of fault by the employer and is more timely in addressing the injury of the employee.
A personal injury claim is a civil claim made when the employee’s injury is caused by an employer’s (and/or another person/entity’s) negligence, breach of statutory duties or wrongful acts/omissions. A successful claim in personal injuries would require fault of the tortfeasor.
Yes. But the value of employee’s compensation received by the employee will be deducted from the damages that are awarded against an employer in a successful personal injuries action.
The employee should seek medical attention immediately, and notify his/her employer/principal contractor within 24 hours after the work injury. The employer/principal contractor must report to the Labour Department within 14 days (otherwise the employee may personally seek the Labour Department’s assistance).
The Labour Department will issue a “Medical Clearance Notification” to the employee and the employee should attend the medical clearance as instructed. A medical assessment may also be arranged if necessary.
The Labour Department will finally issue assessment certificates after reviewing the application and circumstances of the employee. The employer/principal contractor is required to pay the compensation as stated in the assessment certificate within 21 days to settle the case.
The employer shall not pay compensation if: - The work injury does not cause permanent incapacity to work, or does not affect the employee’s ability to earn full wages from normal work; - The injury was intentionally caused by the employee; - The incapacity/death is resulted from an injury which the employee falsely claimed to be free from, to the employer; - The injury is caused by an accident that is directly attributable to the employee’s drug addiction or influence of alcohol during the time of the accident, and does not result in death or serious and permanent incapacity. If your injury does not fall into the above categories but is refused to be acknowledged by your employer, you should inform the Labour Department, and seek help from lawyers.
Depends on the duration of temporary incapacity caused by the injury. Yes, if the injury caused no more than 7 days of temporary incapacity, and there is no permanent incapacity involved. The case will not require going through medical clearance, and instead may be settled by the employer directly paying the employee the medical expenses incurred, and periodical payment for the sick leave on days that wages would have been payable. No, if otherwise. The Labour Department will issue a “Medical Clearance Notification” and the employee should proceed with a medical clearance where medical certificates, reports, follow-up or appointment slips and other relevant documents will be vetted and recorded. Medical assessments may also be arranged if necessary.
Usually no, except if the accident happened when you travelled to or from work during when a gale warning or heavy rainstorm warning is issued, or a period of “extreme conditions”, like when there is a super typhoon or substantial natural disasters.
Yes. All employees, including those in probation period of work, are entitled to employee’s compensation.
No. Work injuries can also result from long-term exposures to hazardous environments or conducting repetitive actions. These injuries are known as occupational diseases. A claimable work-related injury may arise from multiple exposures or ongoing working conditions, not just from a single incident, so long as they are recognised in Schedule 2 of the Employer’s Compensation Ordinance.
Yes, if your psychiatric injury is a proven result of the accident, or falls within the scope of occupational diseases listed in Schedule 2 of the Employer’s Compensation Ordinance. Otherwise, psychiatric injuries (like ones caused by workplace stress) cannot be claimed against the employer.
For employee's compensation, if the injury was partly caused by the employee’s own negligence, you are still entitled to full compensation, with the following exceptions where no compensation would be granted: - If the injury was intentionally self-inflicted; or, - If the injury resulted from being under the influence of drugs or alcohol at the time of the accident (unless it caused death or serious permanent incapacity). However, personal injury damages would be reduced in the case of an employee’s own negligence, under the principle of contributory negligence. The reduction would be calculated by a percentage to be determined by the Court based on how much the employee’s negligence caused/worsened his injury.
Probate
Only if you own the property as tenants in common can you include the property in your will. If you own the property with the other person as tenants in common, you have an undivided share in that property. Your share of that property passes in accordance with your will. For example, if you own 50% shares in that property, that 50% will pass according to your will. On the other hand, if you own the property as a joint tenant, the entire property will pass to the other person after you die. Even if you provide for someone else to inherit the property in your will, the property will be solely owned by the other joint tenant after you die.
Yes. Under Section 2 of the Intestates’ Estate Ordinance (Cap. 73), children adopted according to the law are treated as the child of the adopter. They can inherit their parents’ assets as biological children do.
It depends on whether your assets are movable or immovable. Movable assets (such as shares or personal chattels) are governed by the law of your domicile (the place you originate from or have adopted). Immovable assets (such as land or property) are governed by the law of the place where the assets are located.
You should apply to the Probate Registry of the High Court to become the executor or administrator. If a will exists and names an executor, that person should apply for a Grant of Probate. If there is no will or no executor named, you may apply for Letters of Administration according to the order of priority (spouse, children, parents, siblings).
After checking the Deceased’s personal documents and enquiring with those he is acquainted with, you may check the Deceased’s safe deposit box in a bank. To gain access, the executor under the will, the intended administrator with priority, or the surviving renter must apply for a ‘Certificate for Necessity of Inspection of Bank Deposit Box’. Alternatively, if you retain a solicitor, you may ask your solicitor to do a Will Search through the Law Society of Hong Kong.
If the Deceased’s Estate does not exceed $50,000 and consists solely of money, the entitled person may apply for a confirmation notice from the Home Affairs Department. The holder of the notice is not liable for dealing with the estate without a grant. Banks may release the account balance at their discretion. If the estate exceeds $50,000 but does not exceed $150,000 and consists only of bank deposits and/or MPF, the Probate Registry may assist an applicant over 21 to administer the estate summarily without a Grant of Representation.
There is no legal time limit, but it is advisable to apply as soon as possible.
Yes. Your will is revoked, i.e., your will loses its legal effect; unless you can prove that when you drafted your will, you had the marriage in mind.
Generally yes. Before distributing the estate to beneficiaries, all debts must be ascertained and paid. If the estate is insolvent, creditors are paid according to the priority set out in the Probate and Administration Ordinance and the Bankruptcy Ordinance.
The legal requirements for a valid will are: (1) it must be in writing; (2) signed by the testator with intent to give effect; (3) witnessed by two witnesses. You may prepare your own will, but engaging a lawyer can more effectively avoid future disputes. Lawyers as witnesses are more reliable, neutral, and easily contactable if needed for court evidence.
