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One And The Same Form Template for Hong Kong

A statutory declaration document used in Hong Kong that formally establishes that multiple names or name variations refer to the same individual. This legal instrument, governed by Hong Kong's Oaths and Declarations Ordinance (Cap. 11), provides a formal declaration under oath that different names used in various documents all refer to the same person. The document is typically witnessed by a Commissioner for Oaths or Notary Public and can be used for various official purposes including banking, property transactions, employment, or government procedures.

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What is a One And The Same Form?

The One and the Same Form is a crucial legal document in Hong Kong's common law system, designed to address situations where an individual is known by different names or variations of their name across different documents. This scenario is particularly common in Hong Kong due to the use of both Chinese and English names, marriage-related name changes, or variations in name transliteration. The document serves as a formal statutory declaration, governed by the Oaths and Declarations Ordinance (Cap. 11), where the declarant officially confirms that all stated name variations refer to the same person. This declaration is typically required by banks, government departments, property developers, or employers to maintain clear records and prevent confusion or potential fraud. The One and the Same Form must be properly executed before a Commissioner for Oaths or Notary Public to be legally valid.

What sections should be included in a One And The Same Form?

1. Title and Declaration Header: States 'Statutory Declaration' and references the Oaths and Declarations Ordinance (Cap. 11)

2. Declarant Details: Full name, HKID number (partially redacted if necessary), and current residential address of the person making the declaration

3. Declaration of Names: Clear statement listing all names used by the declarant, including variations in Chinese and English if applicable

4. Purpose Statement: States the purpose for which the declaration is being made (e.g., banking, property transaction, employment)

5. Truth Statement: Standard declaration of truth stating that the contents are true and correct

6. Execution Block: Space for declarant's signature, date, and commissioner for oaths or notary public's attestation

What sections are optional to include in a One And The Same Form?

1. Supporting Document References: Section listing relevant identification documents that demonstrate the use of different names, used when specific documents need to be referenced

2. Reason for Name Variations: Explanation of why different names exist (e.g., marriage, anglicization of Chinese name, nickname), used when context is important

3. Translator's Certification: Required when the form includes names in multiple languages and needs official translation verification

4. Corporate Designation: Additional section when the declaration is being made for corporate or business purposes, stating the declarant's position and authority

What schedules should be included in a One And The Same Form?

1. Schedule 1 - Document List: List of supporting documents that demonstrate the use of different names (e.g., passport, HKID, marriage certificate)

2. Schedule 2 - Name Usage Examples: Specific instances or documents where different names have been used, with dates and contexts

3. Appendix A - Certified True Copies: Copies of identification documents certified by the commissioner for oaths or notary public

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok成人版 | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

Hong Kong

Document Type

Bill of Lading

Cost

Free to use

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