Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 19

Sending and receiving electronic records

(1) Unless otherwise agreed between the originator and the addressee of an
electronic record, an electronic record is sent when it is accepted by an
information system outside the control of the originator or of the person who
sent the electronic record on behalf of the originator.

(2) Unless otherwise agreed between the originator and the addressee of an
electronic record, the time of receipt of an electronic  record is determined
as follows-

   (a)  if the addressee has designated an information system for the purpose
        of receiving electronic records, receipt occurs-

        (i)    at the time when the electronic record is accepted by the
               designated information system; or

        (ii)   if the electronic record is sent to an information system of
               the addressee that is not the designated information system, at
               the time when the electronic record comes to the knowledge of
               the addressee;

   (b)  if the addressee has not designated an information system, receipt
        occurs when the electronic record comes to the knowledge of the
        addressee.

(3) Subsections (1) and (2) apply notwithstanding that the place where the
information system is located is different from the place where the
electronic record is taken to have been sent or received under subsection (4).

(4) Unless otherwise agreed between the originator and the addressee, an
electronic record is taken to have been-

   (a)  sent at the place of business of the originator; and

   (b)  received at the place of business of the addressee.

(5) For the purposes of subsection (4)-

   (a)  if the originator or the addressee has more than one place of
        business, the place of business is that which has the closest
        relationship to the underlying transaction, or where there is no
        underlying transaction, the principal place of business of the
        originator or the addressee, as the case may be;

   (b)  if the originator or the addressee does not have a place of business,
        the place of business is the place where the originator or the
        addressee ordinarily resides.

(6) Where the originator and the addressee are in different time zones, time
refers to Universal Standard Time.