Preliminary
2.
Interpretation
In these rules, unless the context otherwise requires—
Accountant
(會計師
) means the Judiciary Accountant;funds
(儲存金
) or
funds
in
court
(法院儲存金
) means any money or securities, movable
property or any part thereof standing in or to be placed to the Registrar’s account and
includes boxes and other effects;ledger account
(分類帳帳目
) means any separate account that bears the title of a cause or matter
opened or to be opened under an order or otherwise in the Registrar’s books to which any
funds are credited or to be credited; lodge
in
court
(向法院交存
) means pay or transfer into court or
deposit in court, and
lodgment
in
court
(交存於法院
)
has a corresponding meaning;order
(命令
) means an order of the court and includes a
judgment or decree and includes the schedule or schedules to an order;Registrar
(司法常務官
) means the Registrar of the court;title
of the cause or
matter
(訟案或事宜的標題
) means the short title of the cause or
matter with reference to the record.Lodgment
of
funds
in
court
3.
Lodgment of funds
(1)
All funds to be lodged in court on any
ledger
account shall, unless required by any law to be dealt with in any
particular way, be lodged with the Registrar who shall give to the person making the
lodgment a receipt in respect thereof.
(2)
When it is proposed to lodge in court any securities, movable property, boxes
or other effects, the Registrar may make such inspection thereof as he thinks fit,
before giving to the person making the lodgment a receipt in respect
thereof.
(3)
Subject
to
paragraph
(4),
every receipt given in respect of any lodgment must be headed with the title of the
cause or matter to which the lodgment is referable and shall
contain adequate particulars as to such lodgment and shall be as nearly as may be in
Form 1 in the Schedule.
(4)
If money is lodged in court as funds, the receipt given in respect of the
lodgment must—
(a)
specify the amount of money received;
(b)
specify the court action number to which the lodgment is
referable;
(c)
specify the date of any order directing the lodgment;
(d)
specify the party making the lodgment;
(e)
specify the method of lodgment;
(f)
contain a general description of the purposes of the lodgment;
and
(g)
be in Form 1A in the Schedule.
(4A)
Where money is lodged by a party to arbitration proceedings who makes payment
into the
court
in accordance with rules of court the receipt shall contain a statement of the
circumstances as set out in the notice of payment which accompanied the payment in.
(5)
Where the funds lodged are money the Registrar shall pay the same to an account
to be called the “High Court Suitors’ Funds Account” at such bank as the Director of
Accounting Services shall direct.
4.
Keeping of accounts and register
(1)
The Registrar shall—
(a)
keep appropriate ledger accounts to which all funds lodged in court which
are money or securities shall be credited and any such funds withdrawn or
transferred therefrom shall be debited to such accounts;
(b)
enter into such accounts in an appropriate manner the investment of any
such funds lodged in court; and
(c)
enter into such accounts in an appropriate manner any dealing, other than
by way of lodgment, withdrawal, transfer or investment, of such funds as the
circumstances of the case require.
(2)
The Registrar shall—
(a)
keep a register of all funds lodged in court which are not money or
securities;
(b)
enter in the register any lodgment, withdrawal,
transfer,
investment or other dealings of such funds; and
(c)
for each entry in the register make a memorandum in the appropriate manner
in the ledger accounts.
5.
Annual statement of accounts
(1)
The Registrar shall cause to be prepared for every period of 12 months ending on 31 March in each year a statement of the accounts kept under rule 4(1) which statement shall—
(a)
include a receipts and payments account and a statement of assets and liabilities; and
(b)
be signed by the Registrar.
(2)
(Repealed 32 of 2000 s. 23)
6.
Securities
(1)
All kinds of securities may be lodged in court.
(2)
Securities
issued by companies or corporations constituted under the laws of Hong Kong, such
securities
being fully paid up and free from all liability, may be transferred to the Registrar
by his name of office.
(3)
Other
securities may be placed in a box or packet and lodged with the Registrar, who
shall, before taking custody of such box or packet, ensure that it is properly
marked and secured and shall inspect the contents thereof in the presence of the
person lodging the same.
(4)
When
securities are to be transferred into the name of the Registrar, the person lodging
such
securities shall—
(a)
execute a transfer thereof and shall obtain from the Registrar an authority
which shall be as nearly as may be in Form 2 in the Schedule;
and
(b)
lodge such transfer together with the authority at the office of the
company or corporation in whose books the securities are to be
transferred.
(5)
A company or corporation at the office of which a transfer and authority under
paragraph (4) has been
lodged
must, after registering the transfer—
(a)
if the securities are not listed on a recognized stock market, forward to
the Registrar a certificate in Form 3 in the
Schedule,
stating that the securities have been transferred as authorized; or
(b)
if the securities are listed on a recognized stock market, lodge in court
the certificate of the securities issued in the name of office of the Registrar.
(6)
On receiving a certificate under
paragraph
(5) the Registrar shall give to the person making the lodgment his receipt
in respect thereof.
(7)
In this rule—
recognized stock market
(認可證券市場
) has the meaning given by section
1
of Part 1 of Schedule
1
to the Securities and Futures Ordinance (Cap. 571).
7.
Principal money and dividend in respect of securities to be placed in
books
Any principal money or dividends received by the Registrar in respect of securities
lodged in court shall be placed in his books, in the case of principal money to the
credit to which the securities whereon such money arose were standing at the time of the
receipt thereof, and in the case of dividends to the credit to which the securities
whereon such dividends accrued were standing at the time of closing of the transfer
books of such securities previously to the dividends becoming due.
Payment, delivery
and
transfer
of
funds
out
of
court
and
other
dealings
with
funds
8.
Payment out of money lodged in court
(1)
Any money lodged in court may be paid out—
(a)
if the amount does not exceed $250, in cash or by
cheque;
(b)
if the amount exceeds $250, by cheque; or
(c)
in respect of any amount, by payments made by the transfer
of funds from the bank account of the court,
and any cheque or instructions to the bank for a transfer of
funds shall be signed by
two
persons as may from time to time be authorized in writing by the
Registrar.
(2)
Payment out in cash or by cheque must be made at the court on any
day that is neither a Saturday nor a general holiday and during the
opening hours of the accounts office of the court.
9.
Ascertainment of sums by certificate of Registrar
When an order directs any sums to be ascertained by the certificate of the
Registrar and to be afterwards paid in accordance therewith, such
certificate shall be as nearly as may be in Form 4 in the
Schedule and the Registrar shall on the request of the
persons entitled to payment pay such sum in accordance with rule
8.
10.
Payment of costs
When an order directs payment out of a fund in court of any costs directed to be
taxed, the Registrar shall—
(a)
state in his certificate the name and address of the person to whom such costs
are payable, which certificate shall be as nearly as may be in Form 5 in the
Schedule; and
(b)
on the request of the persons entitled to payment, pay such sum in accordance
with rule 8.
11.
Payment out, transfer, etc. of fund to personal representative of person entitled
to payment
(1)
When funds in court are by an order directed to be paid, transferred or
delivered to any person named or described in an order or in a certificate of the
Registrar (except to a person therein expressed to be entitled to such funds as
trustee, executor or administrator, or otherwise than in his own right or for his
own use), such funds or any portion thereof for the time being remaining unpaid or
untransferred or undelivered may, unless the order otherwise directs, on proof of
the death of such person whether on or after the date of such order or in the case
of payment directed to be made to a creditor as such before the date of such order,
be paid or transferred or delivered to the legal personal representatives of such
deceased person or to the survivors of them.
(2)
If no administration has been taken out to such deceased person who has died
intestate and whose assets do not exceed the value of $5,000 including the amount of
the funds directed to be so paid, transferred or delivered to him, such funds may be
paid, transferred or delivered to the person who being widow, child, father, mother,
brother or sister of the deceased would be entitled to take out administration to
his estate upon a declaration by such person in Form 6 in the
Schedule.
(3)
When funds in court are by an order directed to be paid, transferred or
delivered to any persons as legal personal representatives, such funds or any
portion thereof for the time being remaining unpaid, untransferred or undelivered
may, upon proof of the death of any of such representatives, whether on or after the
date of such order be paid, transferred or delivered to the survivors of
them.
(4)
No funds shall under this rule be paid, transferred or delivered out of court
to the legal personal representatives of any person under any probate or letters of
administration purporting to be granted at any time subsequent to the expiration of
2 years from the date of the order directing such payment, transfer or delivery, or
in case such funds consist of interest or dividends, from the date of the last
receipt of such interest or dividends.
12.
Order directing payment out, transfer etc. to describe person entitled to payment etc.
(1)
Every order which directs funds in court to be paid, transferred or delivered out shall set forth in full the name of every person to whom such payment, transfer or delivery is to be made unless the name is to be stated in a certificate of the Registrar and in the case of payment to a firm, it shall be sufficient to state the business name of such firm.
(2)
When money in court is by an order directed to be paid to any persons described in the order or in a certificate of the Registrar as co-partners, such money may be paid to any one or more of such co-partners or to the survivors of them.
13.
Order directing investment of money lodged in court
(1)
When money lodged in court is by an order directed to be invested, the party
having the carriage of the order shall lodge with the Registrar a request in writing
for the investment to be effected and the Registrar shall thereupon procure the
investment of such money in the manner directed by the order.
(2)
An order directing investment of money lodged in court shall set forth the name
or the name of the office of the person in whose name such money is directed to be
invested.
14.
Order directing other dealings with money lodged in court
When money in court is by an order directed to be dealt with otherwise than by
lodgment, withdrawal, transfer or investment, the party having the carriage
of the order shall lodge with the Registrar a request in writing for the
money to be dealt with in the terms of the order, and the Registrar shall
thereupon act in accordance with such order.
15.
Carrying over of funds to separate account
When funds in court are ordered to be carried over to a separate account, the title
of the
account
to be opened for the purpose must state the title of the cause or
matter to which such funds are standing.
Investment
of
money
lodged
16.
Power of Registrar to invest
money
(1)
The Registrar may, unless an order directs otherwise, invest any money lodged
in court
that
is standing to the credit of any ledger account in such manner as
he thinks fit and may vary at any time such investments.
(2)
Subject to paragraph (3), if the Registrar invests any money lodged in court
that
is standing to the credit of any ledger account, any dividend or
interest received on such investments, or any principal money received in respect
thereof, by the Registrar shall be—
(a)
paid into the High Court Suitors’ Funds Account; and
(b)
placed in his books to the credit of the account in which the investments
were standing when the dividend or interest became due or when the principal
money was received.
(3)
Unless an order directs otherwise and subject to
paragraphs
(3A),
(3AB),
(3B)
and
(3C),
no interest shall be credited to any money lodged in court
that
is standing to the credit of any ledger account if—
(a)
such money is paid in court as security for costs or by way of satisfaction
or amends or in compliance with an order giving leave to defend upon such
payments;
(b)
the amount is less than $7,500;
(c)
such money is paid in court
for
payment of expenses including but not limited to watchmen’s fees, caretakers’
fees and witness expenses;
(d)
such money is paid in court as the proceeds of sale;
(e)
such money is paid in court by way of satisfaction of a judgment
debt;
(f)
such money is paid in court in compliance with an order made under the
Matrimonial Causes Ordinance (Cap. 179), the
Matrimonial Proceedings and Property Ordinance (Cap.
192),
the Separation and Maintenance Orders Ordinance (Cap.
16), the Maintenance Orders (Reciprocal Enforcement) Ordinance (Cap. 188) or the Guardianship of Minors Ordinance
(Cap. 13); or
(g)
(Repealed L.N. 274 of
1998)
(h)
such money is paid in court in any Admiralty proceedings under Order 75 of
the Rules of the High Court (Cap. 4 sub. leg. A).
(3A)
Where money is paid in court for any purpose referred to in paragraph
(3)(a), interest shall be credited
to
the ledger account for the relevant cause or matter, beginning
on
the 3rd business day after the day on which the money is paid in.
(3AB)
Despite
paragraph
(3A),
if money is paid in court for any purpose referred to in paragraph (3)(a)
before the commencement date, and no interest has been credited to the ledger
account for the relevant cause or matter under this rule as in force immediately
before the commencement date, interest must be credited to the account—
(a)
for money paid in more than 2 business days before the commencement date,
beginning on the commencement date or, if the commencement date is not a
business day, the 1st business day after the commencement date;
(b)
for money paid in 2 business days before the commencement date, beginning
on the 1st business day after the commencement date or, if the commencement date
is not a business day, the 2nd business day after the commencement date;
or
(c)
for money paid in 1 business day before the commencement date, beginning on
the 2nd business day after the commencement date or, if the commencement date is
not a business day, the 3rd business day after the commencement date.
(3B)
Notwithstanding
paragraphs
(3A)
and
(3AB),
where money paid in court for any purpose referred to in paragraph (3)(a)
is a sanctioned payment within the meaning of Order 22 of the Rules of the High
Court (Cap. 4 sub. leg. A), interest shall be credited
to
the ledger account for the relevant cause or matter, beginning
on
the 28th day after the day on which the money is paid in.
(3C)
Despite
paragraphs
(3A)
and
(3AB),
if money paid in court for any purpose referred to in paragraph (3)(a) is
a sanctioned payment within the meaning of
Order
62A
of the Rules of the High Court (Cap. 4 sub. leg. A),
interest must be credited to the ledger account for the relevant cause or matter,
beginning on the 14th day after the day on which the money is paid in.
(4)
Interest on any money lodged in court shall not be computed on a fraction of
one dollar.
(5)
The Registrar shall not be required to apportion any amount of interest payable
on money lodged in court
that
is standing to the credit of any ledger account.
(6)
In this rule—
business day
(工作日
) means any
day other than—(a)
a general holiday;
(b)
a Saturday; or
(c)
a gale warning day or black rainstorm warning day as defined by
section 71(2) of the Interpretation and General Clauses
Ordinance (Cap. 1);
*
commencement
date
(生效日期
) means the date on which
the High Court Suitors’ Funds (Amendment) Rules
2015
(L.N. 148 of
2015)
come into operation. Editorial Note:
* Commencement date: 1 April
2016.
17.
Surplus income
The Registrar shall pay into the Treasury as soon as is practicable after the end of
each financial year any sum standing in the High Court Suitors’ Funds Account over and
above the amounts required by these rules to be credited to the various accounts, and
such sum shall be transferred into the general revenue of Hong Kong.
18.
Cost of administrating Suitors’ Funds Account
The cost of administrating the various accounts required to be kept under
these rules shall be defrayed out of the general revenue of Hong
Kong.
Evidence
of
life,
etc.
19.
Evidence by affidavit of life or fulfilment of condition
Where any person is entitled under an order to receive dividends or other
periodical payments and the Registrar requires evidence of life or of the fulfilment of
any conditions
before
payment to the person can be made, such evidence shall be furnished by affidavit.
20.
Evidence by affidavit or declaration of other matters
When, in carrying into effect the directions of an order, evidence is required
by the Registrar for any purposes other than those included in rule
19, he may receive and act upon an affidavit or upon a
statutory declaration, and every such affidavit or statutory declaration
shall be filed in court when the Registrar shall consider it
necessary.
Miscellaneous
21.
Certificate of description and amount of funds
(1)
The Registrar, upon a request signed by or on behalf of a person claiming to be
interested in any funds in court standing to the credit of any account specified in
such request, shall, unless there is good reason for refusing, issue a certificate
of the amount and description of such funds, and such certificate
must
refer to the state of the account at the beginning of the day of the date of the
certificate, and must not include the transactions of that
day.
(2)
The Registrar shall notify on a certificate issued under paragraph (1)—
(a)
the dates of any
charging
order affecting or of any order restraining the transfer, sale, payment,
delivery out or other dealing with the funds in court to the credit of the
account specified in the certificate, in respect of which order he has received
notice;
(b)
whether such charging or restraining order affects
the
principal, interest or dividend that comprises the funds;
and
(c)
the names of the persons to whom
the
certificate is to be issued or in whose favour such charging
or restraining order has been made.
(3)
The Registrar may redate any certificate issued under paragraph (1) if no
alteration in the amount or description of funds has been made since the issue of
the certificate.
22.
Transcript of accounts in Registrar’s books
Upon a request signed by or on behalf of a person claiming to be interested in funds
in court, the Registrar shall, unless there is good reason for refusing—
(a)
issue a transcript of the account in his books specified in such request;
and
(b)
supply such other information or issue such certificates with respect to any
transactions or dealings with funds in court as may from time to time be required in
any particular case.
23.
Transfer of unclaimed moneys in court
(1)
When any sum of money remains unclaimed in the court for a period of 5 years,
the Chief Justice may, on application by the
Registrar,
order such sum to be transferred to the general revenue of Hong Kong.
(2)
Before making any such order under paragraph (1) the Chief Justice may direct
that such notice, if any, as he thinks necessary shall be given and to such parties
as he may think fit.
24.
(Repealed L.N. 148 of 2015)
Schedule
Form
1
|
Receipt
In the High Court of
the Hong Kong Special Administrative Region (Title of cause or
matter. No. of
)
|
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|
Received
fromthe
following securities
(here
insert particulars) or a packet
marked purporting to contain (here insert list of
contents), or the following movable property
(here
insert particulars).
|
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|
|
|
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(Signature)
|
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|
Registrar
|
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|
Dated
this day
of ,
.
|
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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form
1A
|
Receipt
In the High Court of
the Hong Kong Special Administrative Region (Title of cause or matter.
No. of )
|
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|
Receipt no.
|
Amount received
|
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|
Date of receipt
|
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Action no.
|
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Date of order (if applicable)
|
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|
Payer
|
||||
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Purposes of payment
|
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|
Payment code
|
Payment method
|
Amount received
|
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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form
2
|
Authority
to company or corporation to register transfer of
securities
In the High Court of
the Hong Kong Special Administrative Region (Title of cause or
matter. No. of
)
|
||
| To , Limited, Hong
Kong. Please
register transfer of
securities
Nos. of (name of company or
corporation) from
to the Registrar.
|
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(Signature)
|
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|
Registrar
|
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|
Dated
this day of , .
|
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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form
3
|
Certificate
of registration of securities
|
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|
The
securities
Nos. of (name of company or
corporation) have this day been transferred to the
Registrar as authorized.
|
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|
(Signature)
|
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|
Secretary of
,
Ltd.
|
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Dated
this day
of , . |
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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form
4
[rule 9]
|
Certificate
of ascertained sums
In the High Court of
the Hong Kong Special Administrative Region (Title of cause or
matter. No. of
)
|
|||
|
I hereby
certify that under order
dated ,
,
the
sums stated in the schedule subjoined hereto amounting in the whole
to $ have been ascertained to be the sums
payable under the said order to the persons respectively named in
respect of (state
purpose
of payment).
Dated
this day
of ,
.
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|
(Signature)
|
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|
Registrar
|
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|
SCHEDULE
|
|||
| Name |
Address
(if ascertained) |
Amount to be paid |
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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form
5
[rule
10]
|
Certificate of
taxed costs
|
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|
In the High Court of
the Hong Kong Special Administrative Region |
||
|
(Title of cause or matter.
No. of )
|
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|
I certify that I have taxed the bill of
costs of (name of party) against (name of party) on
(date of taxation) pursuant to an order by (name of
judge) dated ,
, and allow as follows:
|
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|
(Basis of
costs)
|
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|
Solicitors’ profit costs
|
$
|
|
|
Disbursements
|
$
|
|
|
Costs of taxation
|
$
|
|
|
Taxing fees
|
$
|
|
|
Allowed at
|
$
|
|
|
The above taxed costs and fees are payable to (name of payee)
of (address of payee) out of the funds in court.
|
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|
(Signature)
|
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|
Registrar
|
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|
Dated this day of , .
|
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__________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Form
6
|
Declaration
In the High Court of
the Hong Kong Special Administrative Region (Title of cause or
matter. No. of
)
|
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|
I (name and address of applicant) solemnly and
sincerely declare that I am the (degree of relationship)
and next or one of the next of kin of (name of deceased)
and that I am entitled to take out administration to his estate
and to receive the sum of $ directed to be paid to him by the order dated
the ,
. And I further declare that the total value of the assets of
the deceased including the above sum does not exceed $5,000, and
I certify that the death-bed and funeral expenses of the
deceased have been
paid;
and I make this solemn declaration
conscientiously believing the same to be true and by virtue of
the provisions of the Oaths and Declarations
Ordinance
(Cap.
11). |
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(Signature of
applicant)......................
|
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|
Declared at
Before me
this day
of ,
.
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|
(Signature)
|
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|
Person
authorized by law
to take and receive the declaration under the Oaths and Declarations Ordinance (Cap. 11) |
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