Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 11

Permanent Secretary may make orders excluding application of section 5, 6, 7 or 8, etc.

(Past version on 07/04/2000).

PART IV

LIMITATIONS ON OPERATION OF SECTIONS 5, 5A, 6, 7 AND 8 (Amended 14 of 2004 s.
6)

(1) The Permanent Secretary may by order published in the Gazette exclude an
Ordinance or a particular requirement or permission in an Ordinance or a class
or description of requirements or permissions in an Ordinance, to which this
Ordinance would otherwise apply, from the application of section 5, 6, 7 or 8.
(Amended 14 of 2004 s. 7)

(2) The Permanent Secretary may, in relation to an Ordinance to which
section 5, 5A, 6, 7 or 8 applies, specify by notice published in the Gazette-
(Amended 14 of 2004 s. 7)

   (a)  the manner and format in which information in the form of an
        electronic record is to be given, presented or retained or a document
        in the form of an electronic record is to be served for the purposes
        of that Ordinance or a particular requirement or permission in that
        Ordinance or a class or description of requirements or permissions in
        that Ordinance; and (Amended 14 of 2004 s. 7)

   (b)  the procedure and criteria for verification of the receipt of that
        information and for ensuring the integrity and confidentiality of the
        information.

(3) The Permanent Secretary may specify different requirements under
subsection (2)(a) or (b) in relation to persons or cases of different classes
or descriptions. (Amended 14 of 2004 s. 7)

(4) An order under subsection (1) is subsidiary legislation.

(5) A notice under subsection (2) is not subsidiary legislation.

(6) In this section, "manner and format" (方式及規格) includes
requirements as to software, communication, data storage, how the
electronic record is to be generated, sent, stored or received and where a
signature is required, the type of signature and how the signature is to be
affixed to the electronic record.

"manner and format" (方式及規格)