Hong Kong Ordinances

ELECTRONIC TRANSACTIONS ORDINANCE - SECT 8

Retention of information in electronic records

(1) Where a rule of law requires certain information to be retained, whether
in writing or otherwise, the requirement is satisfied by retaining
electronic records, if-

   (a)  the information contained in the electronic record remains accessible
        so as to be usable for subsequent reference;

   (b)  the relevant electronic record is retained in the format in which it
        was originally generated, sent or received, or in a format which can
        be demonstrated to represent accurately the information originally
        generated, sent or received; and

   (c)  the information which enables the identification of the origin and
        destination of the electronic record and the date and time when it was
        sent or received, is retained.

(2) This section applies whether the requirement in subsection (1) is in the
form of an obligation or whether the rule of law merely provides consequences
for the information not being retained.