- Instructor: Samuel Li
- Duration: 3 hours
Date: 09 May 2023 (Tuesday) Time: 2:30pm – 5:45pm Language: Cantonese with English Course Materials Level: Intermediate
Speaker: Samuel Li, Solicitor & Notary Public, Samuel Li & Co
Lawyer CPD / ACCA CPD / SFC CPT / Insurers’ CPD Pts: 3 points Fee: HK$1,790
Highlights:
The notary profession has a long history. It began in Civil Law jurisdiction of ancient Rome.
The notary profession was introduced around 13th to 14th Century to England, having a Common Law jurisdiction. The earliest notary admitted in Hong Kong was appointed on 24 May 1844.
In Civil Law countries, authenticated acts of notary have evidential value and executory force. On the other contrary, in the Common Law jurisdictions, because of he principle of orality and the rule against hearsay, notarial instruments did not have the same evidential status as in Civil Law countries.
In England & Wales, after waiting for hundreds of years, in 2005, Rule 30.20 was introduced in Civil Procedure Rule in that notarial instruments are admissible in civil proceedings. In Hong Kong, s 35A of Evidence Ordinance, Order 38, rule 9A of the Rules of the High Court, and Order 38, rule 9A of the Rules of the District Court were introduced in 2014, to the effect that notarial instruments may be received in evidence in civil proceedings in the courts of Hong Kong, without further proof, as duly authenticated unless the contrary is proved, thereby bringing the Common Law notarial acts closer to those of the Civil Law countries. It follows that Hong Kong Notaries have a function in the administration of justice.
The advancement of technology, particularly digital information technology, the internet, and smart phones, has changed the work of the notary in the 21st century.
The speaker will address the above with illustrations. He will also share the real life experience of the notarial work at different times: in digital age and during Covid-19 epidemic.
Legal Profession : – Notaries, Solicitors & Barristers
- Origin and Development of the Notary Profession
- Evidentiary Value of Notarial Instruments and Administration of Justice
s 35A of Evidence Ordinance
Order 38 rule 9A of the Rules of the High Court
Order 38, rule 9A of the Rules of the District Court
- Work Systems of Notary & Technology
- The Work of Notary in the Digital Information Technology Era
- Way forward
- Court Case Studies
Noble Power Investments Ltd & other v. Nissel Stomach Tokyo Co Ltd [2008] 5 HKLRD 631
Penta Investment Advisers Ltd v Allied Weli Development Ltd., HK Court of Appeal (CACV222/2014 and CACV35/2015)
- Speaker’s Sharing of Selected Real Life Experience at Different Times
Traditional notarial work
In digital age
- Notarial Services during Covid-19
- Conclusion
- Q & A
