[Appendix 2]

Terms & Conditions of Examination 2019 1

2019 NOTARIES PUBLIC EXAMINATION

TERMS and CONDITIONS of EXAMINATION

Pursuant to Section 73D of Legal Practitioners Ordinance (Cap. 159), the Council

(“Council”) of Hong Kong Society of Notaries (“Society”) may make rules regarding the

examination to be passed by persons applying for appointment as notaries public in Hong

Kong (“Examination”). Notaries Public (Examinations) Rules (Cap. 159AH) has been

enacted for the purpose. In order to sit the Examination, a candidate must complete and

sign an application to sit the Examination (“Application Form”) [Schedule 1]. Candidates

should read the following terms and conditions carefully. By submitting the Application

Form to the Council, a candidate represents to the Council that he is aware of the

following terms and conditions and agrees to be bound by the same.

1. Eligibility

A candidate acknowledges that passing the Examination is only one of the

requirements for appointment as a Notary Public in Hong Kong and that it is the

candidate’s own responsibility to check his eligibility for appointment under

Section 40A of Legal Practitioners Ordinance.

2. Application Fee

2.1 The Application Form [Schedule 1] supra shall be accompanied by a cheque

made payable to "Hong Kong Society of Notaries" in the sum of $2,000

being the application fee ("Application Fee"). No fax or electronic copy

of the Application Form will be accepted. No cash payment will be accepted.

2.2 The Application Fee is not refundable whether in whole or in part in any

event.

3. Examination Fee

3.1 After receipt of the Application Form and the Application Fee, a request will

be sent to an applicant requesting him to pay an examination fee of $10,000

("Examination Fee").

3.2 The Examination Fee shall be paid by a cheque made payable to "Hong

Kong Society of Notaries" and sent together with the Payment of

[Appendix 2]

Terms & Conditions of Examination 2019 2

Examination Fee form [Schedule 2] (“Payment of Examination Fee Form”)

to the Society on or before the date specified in the request. No fax or

electronic copy of the Payment of Examination Fee Form will be accepted.

No cash payment will be accepted.

3.3 The Examination Fee is not refundable whether in whole or in part in any

event.

4. Syllabus & Reading List

4.1 The Examination will test a candidate’s knowledge of the relevant law and

practices in the subjects covered by the syllabus set out in [Schedule 3].

4.2 Candidates are expected to prepare for the Examination by way of self-study

and research, using the syllabus [Schedule 3] supra and the recommended

reading list in [Schedule 4] as guidelines.

5. Examination

5.1 The Examination consists of two written papers, one on each of the

subjects prescribed in Rule 5 of Notaries Public (Examinations) Rules. The

language used for both papers will be English. The Examination will be a

closed book examination. To pass the Examination, a candidate is required

to sit and pass both subjects at one sitting.

5.2 The Examination format consists of compulsory and/or elective questions

in an essay format and may include the drafting of documents.

6. Examination Standard

6.1 The standard required is that of a competent solicitor in Hong Kong with 7

years standing who is familiar with the general practice of law in Hong

Kong and also the relevant law and practices in the subjects of notarial

practice and bills of exchange.

6.2 A candidate who fails any one of the subjects will have failed the

Examination.

7. Proficiency in the English Language and Accuracy in Expression

A candidate is expected to show proficiency in the use of the English language, and

the examination answers should be clear, accurate, coherent and legibly-written.

As English is the main business language common to most parts of the world,

marks will be deducted from a candidate’s work for his deficiency in the use of the

English language even if his Examination answer scripts show that he has the

requisite knowledge in the relevant subjects. Similarly, marks will be deducted

from a candidate’s work if he cannot express his ideas accurately, even if his

Examination answer scripts show that he has the requisite knowledge in the

relevant subjects.

[Appendix 2]

Terms & Conditions of Examination 2019 3

8. Candidates with Disabilities

If a candidate suffers from a disability and needs any special arrangement or

equipment to sit the Examination, he should notify the Council in writing at the

same time as he submits the Application Form, advising the Council the nature of

his disability and the arrangement or equipment required. The Council may

require a medical report or certificate to support the request. The Council will

endeavour to find solutions that will enable a candidate to sit the Examination but

cannot guarantee that such a request will be met.

9. Things that may and may not be brought into the examination hall

8.1 A candidate must bring with him his own writing instruments (black or

blue ink pen or ball-pen).

8.2.1 The Examination is a closed book examination. No reference materials will

be provided to candidates.

8.2.2 Candidates are not allowed to bring any book, document or other written

materials (whether on paper or in electronic form) with them into the

examination hall.

8.2.3 A candidate will be asked to leave the examination hall and will be

disqualified from sitting the Examination if he violates this rule.

10. Conduct At Examination

10.1 A Candidate must bring his Candidate Admission Card and Hong Kong

Identity Card (bearing the number as stated in the Payment of Examination

Fee Form previously sent to Hong Kong Society of Notaries) with him to

the examination hall. A candidate will not be allowed to enter the

examination hall if he fails to bring his Candidate Admission Card or the

said identification document.

10.2 Candidates should arrive at least 15 minutes prior to the scheduled

Examination time.

10.3 A candidate must produce his Hong Kong Identity Card (bearing the

number as stated in the Payment of Examination Fee Form previously sent

to Hong Kong Society of Notaries) for verification of his identity on

request.

10.4 Candidates will not be allowed to enter the examination hall 15 minutes

after the start time for any paper of the Examination.

10.5 Each candidate is required to sit at the desk bearing his candidate number

as stated in his Candidate Admission Card. The Candidate Admission Card

should be placed at the top right hand corner of the desk.

10.6.1 No food or drinks may be brought into or consumed in the examination hall.

[Appendix 2]

Terms & Conditions of Examination 2019 4

10.6.2 No food or drinks will be provided or available for purchase. Candidates

may bring his own food and drinks but these must be placed outside the

examination hall and may only be consumed outside the examination hall

while no examination is taking place.

10.7 Candidates should read the instructions printed in the question paper

carefully, if there are any. Do not tear any page from any question paper.

10.8 Each candidate is required to complete in legible writing his Hong Kong

Identity Card number, candidate number, name of paper and the

examination date in the box provided in the answer book. If more than one

answer book is used, the “Book No.” section must also be filled in.

10.9 Candidates must not write their names anywhere on any answer book.

10.10 Do all rough work in the answer book (if necessary) and cross it out neatly.

Do not tear any page from any answer book. No consideration will be

given to any rough work when an answer is marked.

10.11 Candidates should begin each new question on a new page. Parts of the

same numbered question may be answered on the same page. Write on both

sides of the page. Enter the question number at the top of each page.

10.12 Fasten supplementary sheets or answer books with string provided by the

invigilators.

10.13 Candidates should complete all answers in black or blue ink pen or ball-pen.

Do not use pencils. Illegible writing will not be considered.

10.14 No question paper [or any page(s) thereof] or answer book [or any page(s)

thereof] can be taken out of the examination hall under any circumstances.

10.15 Candidates are required to follow all instructions and directions, whether

oral or written, as may be given by representatives of the Council or by the

invigilators while taking the Examination.

10.16 Candidates are required to be ethical, responsible and honest.

10.17 A candidate shall not do anything that may compromise the integrity or

confidentiality of the Examination or result in a false academic evaluation,

including but not limited to consulting with other candidates or any other

third parties during the Examination, using unauthorized aids,

impersonating someone or allowing someone to impersonate him at the

Examination, and giving or receiving assistance of any kind during the

Examination.

10.18 Mobile telephones, pagers, telecommunication equipments, computers or

any electronic aids or devices that are capable of transmitting, receiving,

storing or processing data have to be switched off and put visibly

underneath a candidate’s chair at all times during the Examination.

[Appendix 2]

Terms & Conditions of Examination 2019 5

10.19 Candidates should not cause a disturbance of any kind at the examination

hall, or cause any interference to other candidates taking the Examination.

10.20 A candidate will be asked to leave the examination hall and will be

disqualified from sitting the Examination if he violates any of Paragraphs

10.15 to 10.19.

11. Disqualification

If a candidate commits an act of misconduct during the Examination, he will be

disqualified and will not be entitled to continue to sit the Examination. In such a

case, he will be deemed to have failed the Examination.

12. Examination Marking

12.1 The pass mark of each subject is 60% (sixty per cent). Please refer to the

General Scale of Achievement [Schedule 5].

12.2 The Examination answer scripts will be marked anonymously.

12.3 If more than one examiners are appointed to mark the Examination answer

scripts of each subject, a moderator will be appointed to review the

marking of all the Examination answer scripts to ensure consistency in

marking amongst the examiners.

12.4 Prior to release of the examination results, random samples of the

Examination answer scripts, as well as all Examination answer scripts

marginally below the pass mark in each subject, will be reviewed by an

External Examiner appointed by the Council to ensure that a candidate’s

Examination answer script(s) has/have been marked fairly and consistently

by reference to all Examination answer scripts or random samples of the

Examination answer scripts of other candidates taking the Examination or

the relevant subject of the Examination.

12.5 Marks will be given in respect of what is written in the Examination answer

scripts. No consideration will be given to factors that may affect a

candidate’s performance in the Examination.

13. Examination Results

Every effort will be made to release the Examination results as soon as practicable

after the Examination. Candidates will be notified of their having either passed or

failed the Examination individually by post. A certificate of passing the

Examination will be issued to each candidate who has passed both subjects of the

Examination in one sitting.

[Appendix 2]

Terms & Conditions of Examination 2019 6

14. Examination Answer Scripts

After release of the Examination results, a candidate may request for copies of his

Examination answer scripts subject to payment of an administration fee of $1,000

for each subject requested and photocopying charges in accordance with the rates

published by the Council. All Examination answer scripts will be destroyed 4

months after the release of the Examination results.

15. Application for Review

15.1 Subject to payment of a review fee as set out below, a candidate may apply

to the Council to have his Examination answer scripts and markings

reviewed. The application must reach the Council within 3 weeks of the

date of posting of the Examination results. The application must be in

writing addressed to Secretary General of the Society [Schedule 6]

accompanied by a cheque made payable to “Hong Kong Society of

Notaries” in payment of the review fee of $5,000 per subject (“Review

Fee”). The Review Fee is not refundable whether in whole or in part in any

event.

15.2 The Review process includes:-

15.2.1 A check of the candidate’s Examination answer script(s) to ensure

that all the questions answered have been marked, and that the

marks have been recorded accurately and computed correctly; and

15.2.2 A review of the marking of the Examination answer script(s) by a

Chief Examiner appointed by the Council. The decision of the

Chief Examiner shall be final and binding on the relevant

candidate.

15.3 The Review Fee is not refundable whether in whole or in part in any event.

16. Withdrawal and Absence from Examination

16.1 If a candidate is unable to sit the Examination after submission of the

Application Form and/or Payment of Examination Fee Form, he must write

to the Council to request for withdrawal from the Examination prior to the

Examination, specifying the reason for the withdrawal. The request for

withdrawal must be received by the Society as soon as practicable and, in

any event, at least 2 clear working days prior to the Examination.

16.2 If no written request for withdrawal is received by the Council prior to the

Examination as stipulated in paragraph 16.1, and a candidate fails to attend

the Examination or any of the subjects of the Examination, he will be

deemed to have failed the Examination.

16.3 In no circumstances will the Application Fee and/or Examination Fee be

refunded, whether in whole or in part nor will such Application Fee and/or

[Appendix 2]

Terms & Conditions of Examination 2019 7

Examination Fee be applied towards the Application Fee and/or

Examination Fee payable by the candidate or any other candidate in this or

any future sittings of the Examination.

17. Application to sit the Examination again

If a candidate withdraws from the Examination or fails the Examination, he can

apply again to sit the Examination in the future. However, a candidate will be

required to sit the whole Examination again even if he has passed one of the

subjects of the Examination in the past.

18. Collection of Personal Data

18.1 It is necessary for a candidate to provide the Council with his personal data

in connection with his application to sit the Examination. Failure to supply

such data may result in the Council not being able to process a candidate’s

application.

18.2 The purposes for which data relating to a candidate, including his

examination result, may be used are as follows:-

conduct of the Examination;

assessment of a candidate’s application for appointment as notary

public;

certification of a candidate’s examination result;

giving of award to suitable candidate(s)

research and analysis in an anonymous format;

collection of money due from a candidate;

meeting the requirements to make disclosure under the requirements

of any law binding on the Council; and

any legitimate purpose incidental to any of the above.

18.3 In compliance with the Personal Data (Privacy) Ordinance (Cap. 486), a

candidate has the right to check whether the Council holds data about him

and the right to access such data. A candidate may also request the Council

to correct any data relating to him which is inaccurate. The Council has the

right to charge a reasonable fee for the processing of any data access

request. All requests for access to data or correction of data shall be

addressed to Secretary General of the Society.

19. General

19.1 The Council reserves the right to alter, cancel or postpone the schedule of

the Examination dates or change the venue of the Examination.

[Appendix 2]

Terms & Conditions of Examination 2019 8

19.2 The Council accepts no responsibility if, for whatever reason, the

Examination does not take place or is altered or postponed to another date

or is changed to take place in an alternative venue.

19.3.1 As a general rule, the Examination will be held as scheduled when a

typhoon signal No. 3 is hoisted or a yellow/red rainstorm warning is raised.

However, once the Examination has commenced, candidates are required to

sit through the Examination even if the typhoon signal goes up to No. 8 or

if a black rainstorm warning is raised.

19.3.2 Announcement of postponement/cancellation of the Examination will be

made through Hong Kong Examination and Assessment Authority

(“HKEAA”). Under normal circumstances, HKEAA’s announcement of

such postponement/cancellation will be made approximately two hours

before the commencement of the Examination.

19.4 As a general rule, in no circumstances will any fee paid in relation to the

Examination or review under Paragraph 15 be refunded, whether in whole

or in part nor will such fee(s) be applied towards any fee payable by the

candidate or any other candidate in this or any future sittings of the

Examination.

19.5.1 The forms prescribed by the Council (i.e. Schedule 1, 2 & 6 of Appendix 2,

Appendix 3A and Appendix 4) must not be re-typed or modified or altered

whatsoever. The forms downloaded from the Society website

www.notaries.org.hk (click “Appointment as Notaries Public”) must be

used. Otherwise, they will not be accepted by the Society.

19.5.2 The Council reserves the right to modify or alter the forms (whether

prescribed or not) in any way from time to time. The up-to-date forms must

be used. Otherwise, they will not be accepted by the Society.

19.6 In these terms and conditions:-

19.6.1 Headings to the paragraphs are for convenience only and have no

legal effect.

19.6.2 Words importing the singular includes the plural and vice versa,

and words importing a gender includes every gender.

20. Applicable Law

20.1 These terms and conditions shall be governed and construed in accordance

with the law of Hong Kong SAR and both the Society and the candidate

agree to submit to the exclusive jurisdiction of Hong Kong SAR Courts.

20.2 If, at any time, any of these terms and conditions is or become illegal,

invalid or unenforceable in any respect, the legality, validity and

enforceability of the remaining terms and conditions shall not be affected.

[Schedule 1]

APPLICATION to SIT EXAMINATION

To: Hong Kong Society of Notaries

Unit A, 11th

Floor, Li Dong Building,

9 Li Yuen Street East, Central,

Hong Kong.

1. Pursuant to the Terms and Conditions of Examination [Appendix 2], I hereby apply to sit

the Examination under Rule 3(a) of Notaries Public (Examinations) Rules (Cap.

159AH).

2. I consent to the collection of my personal data for the purpose of the Examination and

provide all personal data voluntarily.

3. A colour passport photograph of me taken within the immediate preceding 6 months for

insertion on the Candidate Admission Card is enclosed.

4. A cheque (made payable to “Hong Kong Society of Notaries”) in the sum of $2,000

being the Application Fee is enclosed. I acknowledge that the Application Fee is not

refundable whether in whole or in part in any event.

5. I agree and accept the Terms and Conditions of Examination as set out in [Appendix 2]

and such other terms and conditions relating to the Examination as may be made by the

Society from time to time.

Dated this day of 20

Signature of Applicant:

Name of Applicant:

(the name must be as entered on the roll of solicitors kept by the Registrar of the High Court

of Hong Kong)

Address:

Tel. No.:

Fax No.:

E-mail:

[Schedule 2]

PAYMENT of EXAMINATION FEE

To: Hong Kong Society of Notaries

Unit A, 11th

Floor, Li Dong Building,

9 Li Yuen Street East, Central,

Hong Kong.

1. Pursuant to the request for payment of the examination fee under Rule 6 of Notaries

Public (Examinations) Rules (Cap. 159AH), I enclose a cheque (made payable to “Hong

Kong Society of Notaries”) in the sum of $10,000 being the Examination Fee. I

acknowledge that the Examination Fee is not refundable whether in whole or in part in

any event.

2. I consent to the collection of my Hong Kong Identity Card number and other personal

data for the purpose of the Examination and provide all personal data voluntarily.

Dated this day of 20

Signature of Applicant:

Name of Applicant:

(the name must be as entered on the roll of solicitors kept by the Registrar of the High Court

of Hong Kong)

Hong Kong Identity Card No:

Address:

Tel. No.:

Fax No.:

E-mail:

[Schedule 3]

SUBJECTS and SYLLABUS

The Examination will consist of two parts. The subjects in which the candidate will be examined

are as follows:-

Part 1 – General Notarial Practice

The preparation and/or authentication of notarial acts, certificates, powers of attorney, instruments

and other documents (e.g. Memoranda and Articles of Association) intended to take effect or to be

registered or recorded abroad, with particular reference to the legal requirements relating to form

and authentication.

The Notaries Public (Practice) Rules (Cap. 159AI) (general conduct, advertising & promotional

acts, identification of notary public in correspondence, profit-sharing, confidentiality,

record-keeping) and other rules and regulations pertaining to Hong Kong notaries public contained

in Legal Practitioners Ordinance (Cap. 159) and subsidiary legislation thereunder.

Other matters dealt with in the ordinary course of the practice of a Notary Public in the HKSAR,

such as (if applicable) the drawing of debentures or debentures stock for redemption, the

destruction of bonds and other securities by burning or shredding, the attestation of affidavits and

statutory declarations, the provision of notarial copies, etc. Documentary evidence – nature of

public, judicial and private documents, the preparation of formal declarations and documents after

taking instructions or hearing or reading statements from persons with defective powers of

exposition, ships protests, notes of protest, and registration of and dealings in ships.

AND

Part 2 – The Law and Practice of the HKSAR in respect of Inland and Foreign Bills of

Exchange and other Negotiable Instruments

Definition, nature and purpose, form of bills, promissory notes and cheques. Inchoate instruments.

Inland and foreign bills and notes, bills in a set and copies. Capacity. Authority to bind principal.

Transfer and negotiation. Modes and requisites of transfer. Duties of holder as to acceptance.

Acceptance. Presentment for payment. Discharge. Notice of dishonour. Noting and protest.

Liabilities of parties. Rights of parties. Consideration. Lost bills and notes. Alteration or

forgery.

GENERAL

1. The purpose of the Examination will be to ascertain whether the candidate has an adequate

knowledge and understanding of the above subjects as they apply to Hong Kong.

2. Throughout the Examination credit will be given if the candidate shows evidence of ability to

write and think clearly. Lack of clarity in expression and defective reasoning will be penalized.

Illegible writing will result in the answer not being awarded points.

[Schedule 4]

PROVISIONAL RECOMMENDED READING LIST

Note: The Recommended Reading List will be uploaded to the Society website www.notaries.org.hk

(click “Appointment as Notaries Public”) in due course. Please refer to the Society website for

updates.

A. General Notarial Practice 1(a). Brooke’s Notary (14

th Edition, London, Sweet & Maxwell 2013)

The link – http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=608674&recordid=5382

(b). Brooke’s Notary: Hong Kong (Sweet & Maxwell Asia, 2005)

2. The Notary: A Practical Guide for England and Wales (Summer 2012, The Notaries Society) [N.B. Details about how to acquire this book will be provided to examination candidates in due

course.] B. Bills of Exchange 3. Byles on Bills of Exchange and Cheques (29

th Edition, London, Sweet & Maxwell 2013)

The link – https://www.wildy.com/isbn/9780414049406/byles-on-bills-of-exchange-and-cheques-29th-ed-hardback-

sweet-maxwell-ltd

4. Chalmers and Guest on Bills of Exchange and Cheques (17

th Edition, London,Sweet & Maxwell 2009)

The Link – http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?productid=284195&recordid=3562

[N.B. Either one of these two books may be consulted.] 5. Banking Law and Practice (Hong Kong Institute of Bankers) (ISBN: 978-0-470-82761-1)

[N.B. Chapter on negotiable instruments] C. Basic Principles of Ship Registration 6. Ship Registration: Law & Practice (Informa Law, 2009) The Link – https://www.wildy.com/isbn/9781843116349/ship-registration-law-and-practice-2nd-ed-hardback-informa-law

D. Shipping Matters Specific to Hong Kong 7. Marine Department (HKSAR Government) The Link – http://www.mardep.gov.hk/en/pub_services/handbook.html.

E. Information on Apostilles 8. Apostille Section of the Hague Conference on Private International Law The Link – http://www.hcch.net/index_en.php?act=text.display&tid=37

[Schedule 5]

HONG KONG SOCIETY OF NOTARIES

2019 NOTARIES PUBLIC EXAMINATION

GENERAL SCALE OF ACHIEVEMENT

Band

Level of Achievement

-40

Generally poor knowledge of the law; no relevant practical knowledge

demonstrated.

41-59

Some inadequacies in knowledge of the law; limited relevant practical

knowledge demonstrated; poor organisation of answers.

60-70

Good overall knowledge of the law and adequate relevant practical

knowledge demonstrated, reasonable presentation of answers.

71-80

Clear and detailed knowledge of the law applied in a practical manner;

answers well organised and presented.

81+

Outstanding work combining legal and practical considerations in an

original, well organised and methodical manner.

[Schedule 6]

APPLICATION for REVIEW

To: Secretary General

Hong Kong Society of Notaries

Unit A, 11th

Floor, Li Dong Building,

9 Li Yuen Street East, Central,

Hong Kong.

1. Pursuant to Paragraph 15 of the Terms and Conditions of Examination [Appendix 2], I

hereby apply for review of my Examination answer script(s) and marking in [General

Notarial Practice subject*/Bills of Exchange subject*].

2. A cheque (made payable to “Hong Kong Society of Notaries”) in the sum of

$5,000 per subject being the Review Fee for [General Notarial Practice subject*/Bills of

Exchange subject*] is enclosed. I acknowledge that the Review Fee is not refundable

whether in whole or in part in any event.

3. I agree and accept the review process as set out in the above-mentioned Paragraph 15

and that the decision of the Chief Examiner shall be final and binding on me.

[*Delete if not applicable.]

Dated this day of 20

Signature of Applicant:

Name of Applicant:

(the name must be as entered on the roll of solicitors kept by the Registrar of the High Court

of Hong Kong)

Address:

Tel. No.:

Fax No.:

E-mail: