Notarial Services for Use in the United Kingdom: A Hong Kong Guide

Introduction

Hong Kong and the United Kingdom share deep historical and legal ties. The common law heritage that underpins Hong Kong's legal system was inherited from British colonial rule, and the two jurisdictions continue to recognise each other's legal institutions and professionals in many respects. Nonetheless, documents originating in Hong Kong that are to be used in the United Kingdom — and vice versa — frequently require notarisation and authentication before they will be accepted by UK courts, government authorities, banks, and commercial counterparties.

This article provides a practical guide to the notarisation of Hong Kong documents for use in the United Kingdom, covering the apostille process, the types of documents most commonly notarised for UK use, and the legal formalities that apply in different contexts.

The Hague Apostille Convention: Hong Kong and the UK

Both the United Kingdom and Hong Kong are parties to the Hague Convention Abolishing the Requirement of Legalisation for Foreign Public Documents (the Apostille Convention). The UK has been a party to the Convention since 1965. Hong Kong acceded to the Convention under the People's Republic of China's membership, with the Convention entering into force for Hong Kong on 7 November 2023.

As parties to the Apostille Convention, both jurisdictions recognise apostilles issued by the other's competent authority as sufficient authentication of public documents, eliminating the need for further legalisation through diplomatic channels. This significantly simplifies the process of authenticating Hong Kong documents for use in the UK.

Apostille Procedure in Hong Kong

The competent authority for issuing apostilles in Hong Kong is the Registrar of the High Court. To obtain an apostille for a document that has been notarised by a Hong Kong notary public, the following steps are required:

First, the document must be notarised by a qualified Hong Kong notary public. The notary will prepare a notarial certificate that verifies the authenticity of the document, the identity of any signatories, and any other matters relevant to the notarisation.

Second, the notarised document is submitted to the High Court Registry with the appropriate fee and an application form. The Registry will verify the notary's signature and seal and, if satisfied, issue an apostille certificate that is attached to or endorsed on the document.

The apostille process typically takes a few working days for standard applications, with expedited processing available for urgent matters.

Common Document Types for UK Use

Personal Identity Documents

Hong Kong residents applying for UK visas, settling in the UK under the British National (Overseas) scheme, or dealing with UK government authorities often need to produce notarised copies of personal identity documents. These typically include the Hong Kong Identity Card, Hong Kong SAR passport, and other travel documents.

The UK Home Office and UK Visas and Immigration generally accept notarised and apostilled copies of personal documents from Hong Kong, provided that the notarisation is performed by a qualified notary public and the apostille is issued by a recognised competent authority.

Birth, Marriage, and Death Certificates

Civil status documents are among the most frequently notarised documents for UK use. Hong Kong birth certificates, marriage certificates, and death certificates are issued by the Births and Deaths Registry or the Registry of Marriages and may be used in UK family law proceedings, inheritance matters, immigration applications, or social services applications.

These documents are public documents for apostille purposes. Applicants should obtain a certified copy of the relevant certificate from the issuing Registry and then apply for an apostille from the High Court Registry. Where the certificate is in Chinese, a certified English translation should accompany the apostilled document.

Powers of Attorney

Powers of attorney granted by Hong Kong residents for use in the United Kingdom are commonly required in connection with UK property transactions, legal proceedings, and estate administration. The formalities for a power of attorney to be effective in England and Wales differ from those in Hong Kong, and it is essential to ensure that any power of attorney intended for UK use complies with the requirements of the UK jurisdiction.

Under English law, a general power of attorney must be executed as a deed (i.e., in writing, expressed to be a deed, and witnessed). A lasting power of attorney (LPA) — the UK equivalent of an enduring power of attorney — must be registered with the Office of the Public Guardian in England and Wales before it can be used.

For UK property transactions specifically, the Land Registration Act 2002 and the Land Registry's practice guides specify requirements for the form and execution of powers of attorney. Powers of attorney executed in Hong Kong for use in English land transactions should be reviewed by an English solicitor to ensure they comply with all applicable requirements before being relied upon.

Corporate Documents

UK companies, banks, and solicitors dealing with Hong Kong counterparties frequently require notarised copies of Hong Kong corporate documents, including certificates of incorporation, certificates of good standing, articles of association, and board resolutions. These documents establish the legal existence and authority of the Hong Kong corporate entity for purposes of the UK transaction.

The notary will certify that the corporate documents are true copies of the originals and, if appropriate, that the originals bear the official seal or stamp of the relevant Hong Kong authority (such as the Companies Registry). An apostille is then obtained from the High Court Registry to authenticate the notary's certificate for UK purposes.

Property and Estate Documents

Hong Kong residents who own property in the United Kingdom or who have UK-based estate assets may need to produce Hong Kong notarised documents in connection with UK probate proceedings, property conveyancing, or inheritance tax returns. For example, if a Hong Kong resident dies with assets in both Hong Kong and the UK, the Hong Kong grant of probate may need to be resealed in the UK (or a separate UK grant of probate obtained) before UK assets can be administered.

Commercial Contracts and Business Documents

Hong Kong businesses entering into agreements with UK counterparties may be asked to produce notarised copies of their corporate documents, notarised signatures on key commercial contracts, or notarised affidavits in connection with disputes or regulatory proceedings in the UK. In litigation and arbitration contexts, witness statements and affidavits sworn before a Hong Kong notary public for use in UK proceedings must comply with the requirements of the relevant court or arbitral rules.

Differences Between Hong Kong and UK Legal Systems

While Hong Kong and the UK share a common law heritage, there are important differences between the two legal systems that affect document formalities. England and Wales, Scotland, and Northern Ireland each have their own legal systems, and the requirements for document execution and authentication may differ between them.

Execution of Deeds

In England and Wales, the execution of deeds requires specific formalities: a deed must be in writing, must be executed in the presence of a witness who attests the execution, and must be delivered as a deed. For companies, deeds may be executed under the company seal or by two authorised signatories (typically two directors, or a director and the company secretary).

Hong Kong documents executed as deeds should comply with the equivalent Hong Kong formalities, but UK solicitors receiving Hong Kong deeds may apply English law requirements when assessing the validity of execution. A Hong Kong notary can certify that the execution of a deed complies with Hong Kong law, but UK legal advice should be obtained to confirm that the Hong Kong form of execution is acceptable for the intended UK purpose.

Witnessing Requirements

The requirements for witnesses to the execution of documents differ between Hong Kong and the UK in some respects. In both jurisdictions, a witness to a signature generally cannot be a party to the document or a minor. In some contexts, UK practice requires the witness to be a solicitor or another professional.

Working with a Hong Kong Notary for UK Documents

When instructing a Hong Kong notary to prepare documents for use in the UK, clients should provide the notary with as much information as possible about the intended use of the document, the authority or person who will receive it, and any specific formality requirements communicated by UK solicitors or authorities. This allows the notary to ensure that the notarial certificate and accompanying apostille are in the appropriate form.

Alan Wong LLP's notarial services team has extensive experience preparing and authenticating documents for use in the United Kingdom, including in connection with UK visa applications, property transactions, commercial agreements, and estate administration. We work closely with UK solicitors and counsel to ensure that Hong Kong documents are prepared in a form that will be accepted by UK authorities and courts. Please contact our notarial team to discuss your requirements.