Coat of arms & HK

This content is for reference only and does not constitute professional legal advice. Should you require guidance on legal matters, such as commercial applications, please consult a solicitor.

Does Hong Kong legislation mention heraldry?

Hong Kong legislation does not contain a comprehensive regulatory or recognition system specifically for private heraldry or coats of arms. However, several ordinances relating to statutory bodies contain provisions protecting the emblems of specific statutory bodies from unauthorised or improper use.

Beyond the protection afforded to statutory body emblems, Regulation 12 of the Registered Designs Rules (Cap. 522A) (Evidence relating to armorial bearings, etc.) stipulates as follows:

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Subject to section 8A of the Ordinance, where a reproduction of the armorial bearings, insignia, orders of chivalry, decorations, emblems or flags of any country, city, town, place, society, body corporate, institution or person appears on a design, the application shall include evidence satisfactory to the Registrar that such official or other person as is entitled to give consent to the registration of the design and to the use of the reproduction has given such consent.

Can I apply to the courts in Hong Kong to enforce traditional heraldic law?

In short, this is highly impracticable in legal terms.
In England, the Law of Arms constitutes an ancient and distinct civil law system governed by the specific Court of Chivalry, rather than ordinary common law courts. Hong Kong courts lack a dedicated court of arms.

Although Hong Kong courts have no direct precedent for handling such claims, the prevailing legal view holds that traditional heraldic law does not form part of common law. The Hong Kong Heraldry Society concurs with this position.
 

Consequently, attempting to persuade Hong Kong courts to enforce traditional heraldic regulations solely on the basis that 'heraldic law is common law' has little prospect of success in practice. It is noteworthy that whilst courts may not directly 'enforce' the Law of Arms, Grants of Arms issued by the competent heraldic authority (such as the College of Arms in the United Kingdom) based upon that law are generally admissible as valid evidence before the courts under the general principles of common law.