PRACTICE DIRECTION - 19.3

STATEMENTS OF TRUTH

1.    Statement of Damages and Answer to Statement of Damages and any revision thereof are regarded as pleadings for the purpose of Order 41A and must be verified by a statement of truth.

2.    If a document verified by a statement of truth is amended, the previous statement of truth in respect thereof shall not be deleted. A new statement of truth underlined in the proper colour in accordance with the version of the amendment shall be made.

3.    Notwithstanding a statement of truth of a pleading has been signed by a party or his solicitor personally, the pleading shall be signed as required under Order 18, rule 6(5).

4.    A statement of truth shall either be in English or Chinese and in the language of the statement maker.

5.    In the event that the statement maker cannot understand English or Chinese and translation of the document containing the statement of truth and the statement of truth is necessary, the document must also contain a certificate made by the person who translated the same to the statement maker in the following form:

"I certify that I [name and address of the person] have translated the contents of this document and the statement of truth to the person signing the statement of truth [if there are exhibits, add 'and explained the nature and effect of the exhibits referred to in it'] who appeared to understand (a) the document and approved its content as accurate and (b) the statement of truth and the consequences of making a false statement, and made his signature in my presence."

6.    In the event that the statement of truth is to be signed by a person who is unable to read, the document containing the statement of truth must also contain a certificate made by an authorized person* in the following form:

"I certify that I [name and address of the authorized person] have read over the contents of this document and the statement of truth to the person signing the statement of truth [if there are exhibits, add 'and explained the nature and effect of the exhibits referred to in it'] who appeared to understand (a) the document and approved its content as accurate and (b) the statement of truth and the consequences of making a false statement, and made his [signature / mark] in my presence."

7.    This Practice Direction shall come into effect on 2 April 2009.

*   A person able to administer oaths and take affidavits but need not be independent of the parties or their representatives.

Dated this 12th of February 2009.