The Affidavit of Records is a critical legal document used in Hong Kong when formal verification of records or documents is required. It serves multiple purposes, including litigation support, regulatory compliance, business transactions, and administrative proceedings. This sworn statement is particularly important when organizations need to establish the authenticity, maintenance, and chain of custody of their records. The document must comply with Hong Kong's legal framework, including the Oaths and Declarations Ordinance and the Rules of the High Court. Common scenarios for using an Affidavit of Records include court proceedings, regulatory filings, corporate due diligence, and verification of business records. The document's format and content are governed by strict legal requirements, ensuring its validity and admissibility in legal proceedings.
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1. Title and Heading: Identifies the document as an Affidavit of Records, includes the matter reference and court details if applicable
2. Deponent Information: States the name, occupation, and address of the person making the affidavit
3. Basis of Knowledge: Explains the deponent's role and authority to make statements about the records
4. Record Identification: Lists and describes the records being verified, including dates, reference numbers, and nature of documents
5. Custody and Control: Details where and how the records are kept, and the chain of custody
6. Authentication Statement: Confirms the authenticity and accuracy of the records
7. Jurat: Formal closing statement including place and date of swearing, signature of deponent and commissioner for oaths
1. Business Records Declaration: Used when the records are business documents, confirming they were made in the ordinary course of business
2. Electronic Records Statement: Required when any of the records are in electronic form, describing the system and preservation methods
3. Translation Certificate: Needed if any records are not in English or Chinese and have been translated
4. Cross-Reference Statement: Used when records relate to other legal proceedings or documents
5. Confidentiality Statement: Required when records contain sensitive or confidential information
1. Schedule of Records: Detailed inventory of all records referenced in the affidavit, including document dates, reference numbers, and brief descriptions
2. Appendix A - Copy Records: True copies of the physical records being verified, if appropriate to attach
3. Appendix B - Electronic Records Log: If applicable, details of electronic records including metadata and storage location
4. Appendix C - Chain of Custody Log: If relevant, detailed documentation of how records have been maintained and transferred
Authors
Relevant legal definitions
Clauses
Relevant Industries
Legal Services
Financial Services
Healthcare
Banking
Insurance
Manufacturing
Real Estate
Construction
Education
Government and Public Sector
Technology
Telecommunications
Professional Services
Retail
Transportation and Logistics
Relevant Teams
Legal
Compliance
Records Management
Corporate Secretariat
Quality Assurance
Regulatory Affairs
Operations
Administrative Services
Risk Management
Information Management
Document Control
Relevant Roles
Legal Counsel
Compliance Officer
Records Manager
Corporate Secretary
Document Controller
Quality Assurance Manager
Regulatory Affairs Director
Operations Manager
Administrative Officer
Risk Manager
Litigation Manager
Information Management Officer
Archivist
Compliance Director
Legal Operations Manager
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