Hong Kong Notary Public: Roles, Duties, and How to Authenticate Documents for International Use

David Ravenscroft
Oct 13
3 min read

Notary publics in Hong Kong play a crucial role in authenticating and certifying documents for international use. Whether for business transactions, property dealings, or legal proceedings abroad, their services ensure that documents are recognised and trusted globally. This guide explains the functions, responsibilities, and legal framework surrounding Hong Kong Notary Publics.

Author: David Ravenscroft, Senior Consultant

Person signing a legal document with a pen during notarisation process in Hong Kong.

What is a Hong Kong Notary Public?

A Hong Kong Notary Public (HKNP) is a qualified solicitor appointed by the High Court to authenticate and certify documents for use internationally. The only exception to this international ambit is the mainland of the People’s Republic of China outside Hong Kong which does not recognise HKNPs. Instead, documents from Hong Kong which must be authenticated for the mainland should be authenticated by a China Appointed Attesting-Officer.

Why Use a Hong Kong Notary Public?

Using a Hong Kong Notary Public ensures that your documents are legally recognised abroad, reducing the risk of rejection in international transactions. Their role is essential for global business, property dealings, and legal compliance.

Common Notarial Activities

Here are some examples of the most common types of activities for which notarisation is necessary are:

Proving the identity and address of individuals and witnessing the execution of specimen signatures when opening a bank account.
Witnessing the execution of Powers of Attorney for the sale and purchase of a property abroad or some other transaction whether private or commercial.
Verifying the constitutional documents of corporations.
Certifying true copies of original documents.
Witnessing business documents and agreements.
Recording transactions and agreements that must be evidenced abroad.
Taking statutory declarations, oaths and affirmations for legal proceedings abroad.
Noting and protesting bills of exchange in financial transactions.

It should be noted that while solicitors and commissioners for oaths can perform some of these functions, they may only do so locally, not internationally.

An important duty of HKNPs is to retain for 6 years copies of every document they notarise and the essential details of the transaction. In this way, third parties can verify the genuineness of a notarial act after it has been performed.

Legal Framework and Apostille Process

Depending upon the nature of the document and the jurisdiction of the receiving party, the HKNPs signature may have to be apostilled by the High Court. This is a process whereby the Registrar of the High Court certifies the signature of the Notary. It only applies to countries that are signatories to the Hauge Convention of 5th October 1961.

Additionally, the Registrar of the High Court will certify the signature of the Registrar of Companies, the Commissioner of Inland Revenue and other government officers in which case a notarisation is not required.

Appointment and Qualifications of HKNPs

HKNPs are appointed by the High Court of Hong Kong and are solicitors. Before a solicitor may apply to be a HKNP he must have been in practice for 10 years and have passed an examination set by the Hong Kong Society of Notaries. They must apply for and receive a practicing certificate annually.

When HKNPs perform their functions, they will sign and date the document accompanied by a stamp and place their seal on a red wafer.

International Importance of Notarial Services

It may be seen that the notarial profession plays an important role in assisting international transactions and enabling parties to proceed in business or personal matters with confidence that documents and signatures are genuine.

Comparison with Continental Notaries

The duties and functions of HKNPs should be contrasted with those of notaries (“notaire” in France) in continental jurisdictions. Notaires play a much broader and more central role in the legal field. They will draft and authenticate legal documents which take effect in their home jurisdiction. This will include property transfers, marriage contracts, company incorporations and wills which will usually be performed by solicitors in Hong Kong.

In conclusion, Hong Kong Notary Publics are vital for ensuring your documents are recognised and trusted internationally. Whether you need notarisation for business transactions, property dealings, or legal matters abroad, our experienced team is here to help. Contact us today to schedule your notarisation service and move forward with confidence and peace of mind.

Frequently Asked Questions (FAQs)

What does a Hong Kong Notary Public do?

They authenticate and certify documents for international use, ensuring legal recognition abroad.

How do I get an apostille in Hong Kong?

After notarisation, the document must be submitted to the High Court for apostille certification.

Can Hong Kong notarised documents be used in Mainland China?

No, Mainland China requires authentication by a China Appointed Attesting Officer.

Need notarisation in Hong Kong? Contact a certified Hong Kong Notary Public today to ensure your documents are valid internationally.

Disclaimer: Whilst every effort has been made to ensure the accuracy of this article, it is general in nature and does not constitute legal advice of any kind. You should seek your own personal legal advice before taking legal action. We accept no liability whatsoever for loss arising out of the use or misuse of this article.

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