Notarial Services for Use in Japan and South Korea: Hong Kong Guide

Introduction

Japan and South Korea are two of Hong Kong's most significant trading and investment partners in the Asia-Pacific region. Individuals and businesses regularly need to authenticate Hong Kong documents for use in Japanese and Korean courts, government agencies, corporate registries, and commercial transactions. This guide explains the authentication process for each jurisdiction following Hong Kong's accession to the Apostille Convention in 2023.

Japan: Apostille Procedure

Japan is a party to the Hague Apostille Convention, and with Hong Kong's accession in September 2023, the authentication of Hong Kong documents for use in Japan has been significantly streamlined.

The Process for Japan

1. Notarisation (if required): Private documents (such as powers of attorney, company resolutions, affidavits) must first be notarised by a Hong Kong notary public. Public documents (court orders, government certificates, company registry documents) may proceed directly to apostille
2. Apostille from the High Court Registry: The notarised or qualifying public document is submitted to the Hong Kong High Court Registry, which issues the apostille certificate authenticating the notary's seal or the official's signature
3. Certified Japanese Translation: Japanese authorities typically require a certified Japanese translation of the document. Translations should be prepared by a qualified translator familiar with legal terminology in both languages
4. Submission to Japanese Authority: The apostilled document together with the certified Japanese translation is submitted to the relevant Japanese authority

Common Documents for Japan

• Powers of attorney for real estate transactions or corporate matters in Japan
• Corporate certificates (certificate of incorporation, certificate of good standing) for use in Japanese company registration or commercial agreements
• Personal status documents (birth certificates, marriage certificates) for immigration, family registration, or inheritance purposes in Japan
• Court orders or judgments for enforcement in Japan

South Korea: Apostille Procedure

South Korea is also a party to the Apostille Convention. The apostille process for South Korea follows the same basic structure as for Japan:

1. Notarisation of private documents by a Hong Kong notary public (where required)
2. Apostille from the Hong Kong High Court Registry
3. Certified Korean translation (where required by the receiving Korean authority)
4. Submission to the relevant Korean authority

Common Documents for South Korea

• Powers of attorney for real estate or corporate transactions in Korea
• Corporate documents for use in Korean commercial registrations or investment applications
• Personal status documents for Korean immigration, family law, or inheritance matters
• Affidavits or statutory declarations for use in Korean legal proceedings

Pre-Apostille Position and Residual Cases

Prior to Hong Kong's accession to the Apostille Convention, documents required a full authentication chain: notarisation, PRC Ministry of Foreign Affairs authentication (where documents passed through Beijing), and then consular authentication by the Japanese or Korean consulate. This cumbersome process is now replaced by the apostille for standard cases.

However, there are still situations where additional steps may be required — for example, where the document needs to be submitted to a specific authority that has unusual requirements, or where there is a bilateral arrangement that modifies the standard process. Our notarial team can advise on the specific requirements of the relevant authority.

Practical Considerations

For documents involving corporate matters in Japan or Korea, additional local law advice is often required to ensure the document is effective under Japanese or Korean law (not just authenticated). For example, a power of attorney for a real estate transaction in Japan may need to comply with Japanese legal requirements in addition to being apostilled. We coordinate with Japanese and Korean counsel where needed to ensure documents meet both authentication and substantive local law requirements.

How Alan Wong LLP Can Assist

Alan Wong LLP's notarial services team assists individuals and businesses with the full authentication process for documents intended for use in Japan and South Korea. We notarise documents, coordinate the apostille process, advise on translation requirements, and work with Japanese and Korean counsel where local law issues arise. Our bilingual team (English and Chinese) is well-placed to handle complex cross-border documentation needs involving Hong Kong, Japan, and South Korea.