Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 22

Government Chief Information Officer may recognize certificates

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

(1) The Government Chief Information Officer may recognize certificates issued
by a recognized certification authority as recognized  certificates, upon
application by that authority.

(2) An applicant under subsection (1) must make the application in the
prescribed manner and in a form specified by the Government Chief Information
Officer and furnish to the Government Chief Information Officer the relevant
particulars and documents specified under section 30.

(3) A recognition under subsection (1) may relate to-

   (a)  all certificates issued by the recognized certification  authority;

   (b)  certificates of a type, class or description; or

   (c)  particular certificates.

(4) An applicant must pay the prescribed fee (if any) in respect of an
application under subsection (1) unless the Government Chief Information
Officer waives it in whole or in part.

(5) In recognizing certificates under this section, 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 certificates are issued in accordance with the
        certification practice statement;

   (b)  whether the certificates are issued in accordance with the code 
        of practice;

   (c)  the reliance limit set or proposed to be set for that type, class or
        description or the particular certificate, as the case may require;
        and

   (d)  the arrangements put in place or proposed to be put in place by the
        certification authority to cover any liability that may arise from the
        issue of that type, class or description or the particular
        certificate, as the case may be.

(6) The Government Chief Information Officer may refuse an application under
subsection (1).

(7) The Government Chief Information Officer must give reasons in writing to
the applicant for refusing an application under subsection (6).

(8) The Government Chief Information Officer may specify a period of validity
for a recognition under this section.

(9) The Government Chief Information Officer may upon application renew a
recognition under this section.

(10) Subsections (2), (3), (4), (5), (6), (7) and (8) apply to a renewal under
subsection (9) as they apply to an application for recognition, subject to
necessary modifications. (Amended 14 of 2004 s. 14) (Amended L.N. 131 of 2004)