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 the 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 Ordnance, 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, during Covid-19 pandemic and in 2023.
