Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 28

Certification authority may appeal to Secretary against decision of Government Chief Information Officer

(Past version on 18/02/2000).

(1) A certification authority aggrieved by a decision of the Government Chief
Information Officer- (Amended L.N. 131 of 2004)

   (a)  refusing an application for recognition under section 21 or 22;

   (b)  refusing an application for renewal of a recognition under section 22
        or 27; or

   (c)  revoking or suspending a recognition under section 23 or 24, may
        appeal to the Secretary against the decision within 7 days from the
        date on which the relevant decision is made.

(2) An appeal under subsection (1) must be commenced by sending a notice of
appeal to the Secretary as an electronic record or delivering the notice by
hand to the Secretary or leaving the notice at the office of the Secretary
during the ordinary business hours of that office.

(3) A certification authority who appeals to the Secretary under this section
must also give notice of the appeal to the Government Chief Information
Officer as soon as practicable. (Amended L.N. 131 of 2004)

(4) On appeal under subsection (1), the Secretary may confirm, vary or reverse
the decision of the Government Chief Information Officer. (Amended L.N. 131 of
2004)

(5) The Secretary must give the appellant notice of the decision on appeal,
together with reasons-

   (a)  by sending it to the appellant as an electronic record; or

   (b)  by sending it by post or registered post to the last known address of
        the appellant.

(6) If in a particular case it is not reasonably practicable to give the
notice of the decision on appeal by either of the means specified in
subsection (5), the notice is taken to have been given if the Secretary
publishes it in the certification authority disclosure record maintained under
section 31 for the appellant.