Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 6

Electronic signatures, digital signatures, etc.

(Past version on 30/06/2004).
(Past version on 07/04/2000).



"within the validity of that certificate" (在該證書的有效期內)

(1) Where-

        (a)	a rule of law requires the signature of a person ("the first 
mentioned person") on a document or provides for certain consequences if the
document is not signed by the first mentioned person; and

   (b)  neither the first mentioned person nor the person to whom the
signature is to be given ("the second mentioned person") is or is acting on
behalf of a government entity, an electronic signature of
the first mentioned person satisfies the requirement if-

   (c)  the first mentioned person uses a method to attach the
        electronic signature to or logically associate the
        electronic signature with an electronic record for the purpose of
        identifying himself and indicating his authentication or approval of
        the information contained in the document in the form of the
        electronic record;

   (d)  having regard to all the relevant circumstances, the method used is
        reliable, and is appropriate, for the purpose for which the
        information contained in the document is communicated; and

   (e)  the second mentioned person consents to the use of the method by
        the first mentioned person. (Replaced 14 of 2004 s. 5)

(1A) Where-

   (a)  a rule of law requires the signature of a person on a document or
        provides for certain consequences if the document is not signed by the
        person; and

   (b)  either or both of the person mentioned in paragraph (a) and the person
        to whom the signature is to be given is or are or is or are acting on
        behalf of a government entity or government entities, a
        digital signature of the person mentioned in paragraph (a) satisfies
        the requirement if the digital signature is-

   (c)  supported by a recognized certificate;

   (d)  generated within the validity of that certificate; and

   (e)  used in accordance with the terms of that certificate. (Added 14 of
        2004 s. 5)

(2) In subsection (1A)(d), "within the validity of that certificate"
(在該證書的有效期內) means that at the time the digital signature is
generated- (Amended 14 of 2004 s. 5)

   (a)  the recognition of the recognized certificate is not revoked or
        suspended by the Government Chief Information Officer, and the
        certificate is not revoked or suspended by the
        recognized certification authority that issues the certificate;
        (Amended 14 of 2004 s. 5; L.N. 131 of 2004)

   (aa) in the case of a recognized certificate that is a certificate
        designated as a recognized certificate issued by the recognized 
        certification authority referred to in section 34, the designation is
        not withdrawn by the certification authority; (Added 14 of 2004 s. 5)

   (b)  if the Government Chief Information Officer has specified a period of
        validity for the recognition of the recognized certificate, the
        certificate is within that period; and (Amended L.N. 131 of 2004)

   (c)  if the recognized certification authority has specified a period of
        validity for the recognized certificate, the certificate is within
        that period.