The Affidavit of Agreement is a crucial legal instrument within Hong Kong's common law system, used when formal verification or confirmation of an agreement's existence or terms is required. This document type is particularly relevant in situations requiring sworn testimony about contractual relationships, business arrangements, or formal agreements. The affidavit must comply with Hong Kong's Oaths and Declarations Ordinance and be properly executed before authorized officials. It can be used in various contexts, from commercial disputes to regulatory compliance, and serves as admissible evidence in Hong Kong courts. The document typically includes detailed information about the agreement in question, the parties involved, and specific declarations about the truth of the statements made.
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1. Title and Case Reference: States 'Affidavit of Agreement' and any relevant case or matter reference numbers
2. Parties: Identifies the deponent making the affidavit, including full legal name, occupation, and address
3. Background: Establishes the context and circumstances leading to the need for the affidavit
4. Definitions: Defines key terms used throughout the affidavit for clarity and legal precision
5. Statement of Truth: Formal declaration that the contents are true to the best of the deponent's knowledge and belief
6. Subject Matter: Detailed description of the agreement or facts being affirmed, presented in numbered paragraphs
7. Verification Statement: Formal statement verifying that the contents have been read to/by the deponent and are understood
8. Execution Block: Space for signature, date, and authentication by authorized person (commissioner for oaths or notary public)
1. Supporting Documents Reference: Section referencing any exhibits or supporting documents attached to the affidavit, used when external evidence needs to be incorporated
2. Translation Certificate: Required when the affidavit is prepared in multiple languages or has been translated
3. Capacity Statement: Used when the deponent is making the affidavit in a representative capacity (e.g., as director of a company)
4. Third Party Rights: Required when the agreement affects the rights of parties not directly making the affidavit
1. Schedule A - Referenced Documents: List and copies of all documents referenced in the affidavit
2. Schedule B - Supporting Evidence: Copies of relevant supporting documents, photographs, or other physical evidence
3. Appendix 1 - Exhibit Notes: Detailed notes explaining each exhibit attached to the affidavit
4. Appendix 2 - Authentication Certificates: Copies of any relevant authentication or certification documents
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