Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 17

Formation and validity of electronic contracts

(Past version on 07/04/2000).
(Past version on 07/01/2000).

1. This section has come into operation on 7 January 2000 other than in
relation to the matters referred to in Schedule 1 of this Ordinance. 2. This
section has come into operation on 7 April 2000 in relation to the matters
referred to in Schedule 1 of this Ordinance. PART V

ELECTRONIC CONTRACTS

(1) For the avoidance of doubt, it is declared that in the context of the
formation of contracts, unless otherwise agreed by the parties, an offer and
the acceptance of an offer may be in whole or in part expressed by means of
electronic records.

(2) Where an electronic record is used in the formation of a contract, that
contract shall not be denied validity or enforceability on the sole ground
that an electronic record was used for that purpose.

(2A) For the avoidance of doubt, it is declared that in the context of the
formation of contracts, if an offer or the acceptance of an offer is in whole
or in part expressed by means of an electronic record, an electronic signature
attached to or logically associated with the electronic record shall not be
denied legal effect on the sole ground that it is an electronic signature.
(Added 14 of 2004 s. 11)

(3) For the avoidance of doubt, it is stated that this section does not affect
any rule of common law to the effect that the offeror may prescribe the method
of communicating acceptance.