Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 20

Certification authority may apply to Government Chief Information Officer for recognition

(Past version on 30/06/2004).
(Past version on 18/02/2000).

PART VII

RECOGNITION OF CERTIFICATION AUTHORITIES AND CERTIFICATES BY GOVERNMENT CHIEF
INFORMATION OFFICER (Amended L.N. 131 of 2004)

(1) A certification authority may apply to the Government Chief Information
Officer to become a recognized certification authority for the purposes of
this Ordinance.

(2) Subject to subsection (4) and section 21(3), an application under
subsection (1) must be made in the prescribed manner and in a form specified
by the Government Chief Information Officer and the applicant must pay the
prescribed fee in respect of the application.

(3) An applicant must furnish to the Government Chief Information Officer-
(Amended L.N. 131 of 2004)

   (a)  the relevant particulars and documents specified under section  30 ;
        (Amended 14 of 2004 s. 12)

   (b)  a report which-

        (i)    contains an assessment as to whether the applicant is capable
               of complying with such provisions of this Ordinance and of the
               code of  practice as are specified in the code of practice for
               the purposes of this subparagraph; and

        (ii)   is made by a person approved by the Government Chief
               Information Officer as being qualified to make such a report;
               and (Replaced 14 of 2004 s. 12)

   (c)  a statutory declaration which-

        (i)    states whether the applicant is capable of complying with such
               provisions of this Ordinance and of the code of practice as are
               specified in the code of practice for the purposes of this
               subparagraph; and

        (ii)   is made by a responsible officer of the applicant. (Added 14 of
               2004 s. 12)

(3A) Any report or statutory declaration required to be furnished under
subsection (3) must be made at the expense of the applicant. (Added 14 of 2004
s. 12)

(4) The Government Chief Information Officer may waive- (Amended L.N. 131 of
2004)

   (a)  the requirements as to manner and form of making the application in
        subsection (2); or

   (b)  the requirement of a report or statutory declaration under subsection
        (3), (Amended 14 of 2004 s. 12) in relation to a
        certification authority, in the circumstances specified in subsection
        (5).

(5) The Government Chief Information Officer may waive the requirements
referred to in subsection (4) only if- (Amended L.N. 131 of 2004)

   (a)  the applicant is a certification authority with a status in a place
        outside Hong Kong comparable to that of a recognized certification
authority ("comparable status"); and

   (b)  the competent authority of that place accords to a recognized 
        certification authority a comparable status on the basis of it being a
        recognized certification authority. (Amended L.N. 131 of 2004)