Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 21

Government Chief Information Officer may on application recognize certification authorities

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

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

   (a)  recognize an applicant under section 20 as a recognized 
        certification authority if the Government Chief Information Officer is
        satisfied that the applicant is suitable for such recognition; or
        (Amended L.N. 131 of 2004)

   (b)  refuse the application for recognition.

(2) The Government Chief Information Officer must give reasons in writing to
the applicant for refusing an application under subsection

(1)(b). (Amended L.N. 131 of 2004)

(3) The Government Chief Information Officer may, in recognizing a
certification authority referred to in section 20(4), waive the whole or part
of the prescribed fee as the Government Chief Information Officer may decide
in relation to a particular case. (Amended L.N. 131 of 2004)

(4) In determining whether an applicant is suitable for recognition under
subsection (1), the Government Chief Information Officer shall, in addition to
any other matter the Government Chief Information Officer considers relevant,
take into account the following- (Amended L.N. 131 of 2004)

   (a)  whether the applicant has the appropriate financial status for
        operating as a recognized certification authority in accordance with
        this Ordinance and the code of practice;

   (b)  the arrangements put in place or proposed to be put in place by the
        applicant to cover any liability that may arise from its activities
        relevant for the purposes of this Ordinance;

   (c)  the system, procedure, security arrangements and standards used or
        proposed to be used by the applicant to issue certificates to
        subscribers;

   (d)  any report or statutory declaration furnished by the applicant under
        section 20(3); (Replaced 14 of 2004 s. 13)

   (e)  whether the applicant and the responsible officers are fit and proper
        persons; and

   (f)  the reliance limits set or proposed to be set by the applicant for its
        certificates.

(5) In determining whether a person referred to in subsection

(4)(e) is a fit and proper person, the Government Chief Information Officer
shall, in addition to any other matter the Government Chief Information
Officer considers relevant, have regard to the following- (Amended L.N. 131 of
2004)

   (a)  the fact that the person has a conviction in Hong Kong or elsewhere
        for an offence for which it was necessary to find that the person had
        acted fraudulently, corruptly or dishonestly;

   (b)  the fact that the person has been convicted of an offence against this
        Ordinance;

   (c)  if the person is an individual, the fact that the person is an
        undischarged bankrupt or has entered into a composition or a scheme of
        arrangement or a voluntary arrangement within the meaning of the
        Bankruptcy Ordinance ( Cap 6) within the 5 years preceding the date of
        the application; and

   (d)  if the person is a body corporate, the fact that the person is in
        liquidation, is the subject of a winding-up order or there is a
        receiver appointed in relation to it or it has entered into a
        composition or a scheme of arrangement or a voluntary arrangement
        within the meaning of the Bankruptcy Ordinance ( Cap 6) within the 5
        years preceding the date of the application.

(6) In recognizing a certification authority under subsection (1), the
Government Chief Information Officer may- (Amended L.N. 131 of 2004)

   (a)  attach conditions to the recognition; or

   (b)  specify a period of validity for the recognition.