Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 43A

Recognized certification authority to furnish report and statutory declaration when required by Government Chief Information Officer

(Past version on 30/06/2004).

(1) Where the Government Chief Information Officer considers that there have
been or will be- (Amended L.N. 131 of 2004)

   (a)  major changes in-

        (i)    the financial status of a recognized certification authority
               for operating as such in accordance with this Ordinance and the
               code of  practice;

        (ii)   the arrangements put in place by a recognized certification 
               authority to cover any liability that may arise from its
               activities relevant for the purposes of this Ordinance; or

        (iii)  the system, procedure, security arrangements and standards used
               by a recognized certification authority to issue recognized 
               certificates; or

   (b)  any other major changes that may affect the determination of the
        Government Chief Information Officer as to whether to- (Amended L.N.
        131 of 2004)

        (i)    revoke under section 23(1) the recognition of any
               certification  authority or the recognition of any certificate
               issued by a recognized  certification authority; or

        (ii)   suspend under section 24(1) the recognition of any
               certification authority or the recognition of any certificate
               issued by a recognized certification authority, the Government
               Chief Information Officer may, by notice given to the
               certification authority, specify the major changes and require
               the certification authority to furnish to the Government Chief
               Information Officer within the period specified in such notice
               all or any of the following- (Amended L.N. 131 of 2004)

   (c)  a report which-

        (i)    contains an assessment as to- (A) whether, having regard to the
               major changes that have occurred, the certification authority
               is and is capable of complying; (B) whether, having regard to
               the major changes that will occur, the certification authority
               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

   (d)  a statutory declaration which-

        (i)    states- (A) whether, having regard to the major changes that
               have occurred, the certification authority is and is capable of
               complying; (B) whether, having regard to the major changes that
               will occur, the certification authority 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 certification 
               authority.

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

(3) The Government Chief Information Officer must publish in the
certification authority disclosure record for the certification authority the
date of any of the report and statutory declaration and the material
information in any of the report and statutory declaration.

(4) 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 43(1)(a); 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)(c), 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)(c) and that satisfies
        the requirements referred to in that subsection.

(5) 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
        43(1)(b); 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)(d), 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)(d) and that satisfies the requirements referred to in that subsection.

(6) A notice under subsection (1) is taken to have been given by the
Government Chief Information Officer to a recognized certification  authority
if it is- (Amended L.N. 131 of 2004)

   (a)  sent to the certification authority as an electronic record; or

   (b)  sent by post or registered post to the last known address of the
        certification authority.

(7) If in a particular case it is not reasonably practicable to give a notice
under subsection (1) by either of the means specified in subsection (6), the
notice is taken to have been given if the Government Chief Information Officer
publishes it in the relevant certification  authority disclosure record.
(Added 14 of 2004 s. 22. Amended L.N. 131 of 2004)