Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 43

Recognized certification authority to furnish report and statutory declaration on compliance with Ordinance and code of practice

(Past version on 30/06/2004).
(Past version on 07/01/2000).

(1) At least once in every 12 months, a recognized certification  authority
must furnish to the Government Chief Information Officer- (Amended L.N. 131 of
2004)

   (a)  a report which-

        (i)    contains an assessment as to whether the certification 
               authority has, from the specified date until the last day of
               the period to which the report relates, complied 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

   (b)  a statutory declaration which-

        (i)    states whether the certification authority has, from the
               specified date until the last day of the period to which the
               statutory declaration relates, complied 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 certification 
               authority. (Replaced 14 of 2004 s. 21)

(2) Any report or statutory declaration required to be furnished under
subsection (1) must be made at the expense of the certification  authority.
(Replaced 14 of 2004 s. 21)

(3) The Government Chief Information Officer must publish in the
certification authority disclosure record for the certification authority the
respective dates of the report and statutory declaration and the material
information in the report and statutory declaration. (Amended 14 of 2004 s.
21)

(3A) Where-

   (a)  the certification authority has furnished to the Government Chief
        Information Officer a report for the purpose of complying with the
        requirements referred to in section 27(5A)(b) 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 (1)(a), 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 (1)(a) and that satisfies
        the requirements referred to in that subsection. (Added 14 of 2004 s.
        21)

(3B) Where-

   (a)  the certification authority has furnished to the Government Chief
        Information Officer a statutory declaration for the purpose of
        complying with the requirements referred to in section 27(5A)(c) 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 (1)(b), 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

(1)(b) and that satisfies the requirements referred to in that subsection.
(Added 14 of 2004 s. 21)

(4) In subsection (1), "specified date" (指明日期) means-

   (a)  the date on which recognition is granted under section 21 or
        section 34 comes into operation; or

   (b)  the day following the last day of the period for which the last report
        or last statutory declaration, as the case may be, was furnished under
        that subsection, as the case may require. (Replaced 14 of 2004 s. 21)
        (Amended L.N. 131 of 2004)

"specified date" (指明日期)