Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 27

Government Chief Information Officer may renew recognition of certification authority

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

(1) A certification authority recognized under section 21 may apply to the
Government Chief Information Officer for renewal of a recognition.

(2) An application for renewal must be made at least 30 days before but not
earlier than 60 days before the expiry of the period of validity of the
recognition.

(3) An application for renewal must be sent to the Government Chief
Information Officer as an electronic record or delivered by hand to the
Government Chief Information Officer or left at the office of the Government
Chief Information Officer during the ordinary business hours of that office.

(4) Subject to subsections (2), (3) and (6), an application for renewal must
be made in the prescribed manner and in a form specified by the Government
Chief Information Officer. (Amended 14 of 2004 s. 16)

(5) Subject to subsection (6), an applicant must pay the prescribed fee in
respect of an application for renewal.

(5A) 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 ;

   (b)  a report which-

        (i)    contains an assessment as to whether the applicant is and 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

   (c)  a statutory declaration which—

        (i)    states whether the applicant is and 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. 16)

(5B) Any report or statutory declaration required to be furnished under
subsection (5A) must be made at the expense of the applicant. (Added 14 of
2004 s. 16).

(6) The Government Chief Information Officer may, in the circumstances
specified in section 20(5), waive the requirements in subsection (4) or (5A)
or the whole or part of the prescribed fee as the Government Chief Information
Officer may decide in relation to a particular case. (Amended 14 of 2004 s.
16)

(6A) In determining an application for renewal, the Government Chief
Information Officer shall, in addition to any other matter the Government
Chief Information Officer considers relevant, take into account- (Amended L.N.
131 of 2004)

   (a)  any matter set out in section 21(4)(a), (b), (c), (e) or (f) which
        applies to the application for renewal as it applies to an application
        for recognition, subject to necessary modifications; and

   (b)  any report or statutory declaration furnished by the applicant under
        subsection (5A). (Added 14 of 2004 s. 16)

(6B) Where-

   (a)  an applicant has furnished to the Government Chief Information Officer
        a report for the purpose of complying with the requirements referred
        to in section 43(1)(a) or 43A(1)(c); and

   (b)  the Government Chief Information Officer considers that had the report
        been furnished for the purpose of complying with the requirements
        referred to in subsection (5A)(b), it would have satisfied those
        requirements, the Government Chief Information Officer may accept the
        report, and the report shall, for all purposes, be regarded as a
        report that is furnished under subsection (5A)(b) and that satisfies
        the requirements referred to in that subsection. (Added 14 of 2004 s.
        16)

(6C) Where-

   (a)  an applicant has furnished to the Government Chief Information Officer
        a statutory declaration for the purpose of complying with the
        requirements referred to in section 43(1)(b) or 43A(1)(d); and

   (b)  the Government Chief Information Officer considers that had the
        statutory declaration been furnished for the purpose of complying with
        the requirements referred to in subsection (5A)(c), it would have
        satisfied those requirements, the Government Chief Information Officer
        may accept the statutory declaration, and the statutory declaration
        shall, for all purposes, be regarded as a statutory declaration that
        is furnished under subsection

(5A)(c) and that satisfies the requirements referred to in that subsection.
(Added 14 of 2004 s. 16)

(7) In renewing the recognition of a certification authority, the Government
Chief Information Officer may- (Amended L.N. 131 of 2004)

   (a)  attach conditions to the renewal of the recognition; or

   (b)  specify a period of validity for the renewed recognition. (Replaced 14
        of 2004 s. 16) (Amended L.N. 131 of 2004)