The Hong Kong Electronic Transactions Ordinance
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Business / Commercial Law

The Hong Kong Electronic Transactions Ordinance

Edited by Pádraig Walsh · Amita Kaur
Sweet & Maxwell Hong Kong October 2011

Specifications

ISBN-13
9789626614594
Publisher
Sweet & Maxwell Hong Kong
Publication
October 2011
Format
Paperback , 200 pages
Jurisdiction
Hong Kong ? Countri(es) for reference only

Details

A timely reference guide on the Electronic Transactions Ordinance covering the growing e-commerce field in Hong Kong

 

Provides thorough analysis of the Electronic Transactions Ordinance
  • With detailed commentary for each section of the Ordinance
  • The 2004 Amendments to the Ordinance are fully incorporated and explained in the commentaries
 
Renowned author team
  • Padraig Walsh, Clyde & Co – specialises in corporate and commercial transactional and advisory matters, including banking and trade finance
  • Amita Kaur, Clyde & Co  – specialises in a broad range of intellectual property, information technology and general commercial matters
 
Provides a technical, real-world application approach to exploring, understanding and analysing the Ordinance
  • The analysis and commentary provided is supported with authorities, including Hong Kong precedents, policy reasons, and cases from other jurisdictions and/or international conventions
  • Includes explanations with regard to the practical application of the relevant sections of the Ordinance as applied in practice in today’s financial and commercial transactions
 
The Electronic Transactions Ordinances took effect on April 7, 2000. It authorises the use of electronic and digital signatures, and electronic records. It provides for the legal validity of digital signatures and electronic records, as well as for the retention of electronic records and their admissibility in any legal proceeding. Additionally, the Ordinance delineates the requirements for the formation of an electronic contract, and establishes regulations for the licensure of certification authorities.
 
This Ordinance aims to promote the future means of doing business in Hong Kong through the electronic medium. Foreign companies wanting to do business either with or in Hong Kong now have the option of either travelling to Hong Kong (necessitating a long trip overseas) or opt for the more practical method of doing business through teleconferencing, video feeds, or even through electronic correspondence.
 
The Hong Kong Electronic Transactions Ordinance provides complete analysis of the 2004 amendments incorporated in the Ordinance. It includes practical commentary for every section of the Ordinance, explanations with regard to the practical application of the relevant sections of the Ordinance as applied in practice in today’s financial and commercial transactions. Useful references from other jurisdictions (UK, Singapore, etc) comparing their systems with that of Hong Kong’s are also included.

Table of Contents

 

  • Cap 553 - Long title
  • Cap 553 s 1 - Short title
  • Cap 553 s 2 - Interpretation
  • Cap 553 s 3 - Matters to which sections 5, 5A, 6, 7, 8 and 17 are not applicable
  • Cap 553 s 4 - Ordinance to bind Government
  • Cap 553 s 5 - Requirement for writing
  • Cap 553 s 5A - Service of documents
  • Cap 553 s 6 - Electronic signatures, digital signatures, etc.
  • Cap 553 s 7 - Presentation or retention of information in its original form
  • Cap 553 s 8 - Retention of information in electronic records
  • Cap 553 s 9 - Admissibility of electronic records
  • Cap 553 s 10 - Construction of this Part subject to Part IV
  • Cap 553 s 11 - Permanent Secretary may make orders excluding application of section 5, 6, 7 or 8, etc.
  • Cap 553 s 12 - Electronic record to comply with specified requirements to satisfy sections 5, 5A, 6, 7 and 8
  • Cap 553 s 13 - Rules of court or procedure only to apply where relevant authority provides for application
  • Cap 553 s 14 - Sections 5, 6, 7 and 8 not to affect specific provisions as to electronic records in other Ordinances
  • Cap 553 s 15 - Consent required for sections 5, 5A and 7 to apply to transactions between persons who are not government entities
  • Cap 553 s 16 - Sections 5, 6, 7 and 8 not to have effect if their operation affects other statutory requirements
  • Cap 553 s 17 - Formation and validity of electronic contracts
  • Cap 553 s 18 - Attribution of electronic record
  • Cap 553 s 19 - Sending and receiving electronic records
  • Cap 553 s 20 - Certification authority may apply to Government Chief Information Officer for recognition
  • Cap 553 s 21 - Government Chief Information Officer may on application recognize certification authorities
  • Cap 553 s 22 - Government Chief Information Officer may recognize certificates
  • Cap 553 s 23 - Government Chief Information Officer may revoke recognition
  • Cap 553 s 24 - Government Chief Information Officer may suspend recognition
  • Cap 553 s 25 - Matters Government Chief Information Officer may take into account in revoking or suspending a recognition
  • Cap 553 s 26 - Effect of revocation, suspension of recognition or expiry of validity of recognized certificate
  • Cap 553 s 27 - Government Chief Information Officer may renew recognition of certification authority
  • Cap 553 s 28 - Certification authority may appeal to Secretary against decision of Government Chief Information Officer
  • Cap 553 s 29 - How Government Chief Information Officer may give notices under this Part
  • Cap 553 s 30 - Government Chief Information Officer to specify particulars and documents by notice in the Gazette
  • Cap 553 s 31 - Government Chief Information Officer to maintain certification authority disclosure record
  • Cap 553 s 32 - Government Chief Information Officer to notify revocations, suspensions and non-renewals of recognition, etc.
  • Cap 553 s 33 - Government Chief Information Officer may publish code of practice
  • Cap 553 s 34 - The Postmaster General as recognized certification authority
  • Cap 553 s 35 - Postmaster General may perform functions and provide services of certification authority
  • Cap 553 s 36 - Publication of issued and accepted certificates
  • Cap 553 s 37 - Recognized certification authority to use trustworthy system
  • Cap 553 s 38 - Presumption as to correctness of information
  • Cap 553 s 39 - Representations upon issuance of recognized certificate
  • Cap 553 s 40 - Representations upon publication of recognized certificate
  • Cap 553 s 41 - Reliance limit
  • Cap 553 s 42 - Liability limits for recognized certification authorities
  • Cap 553 s 43 - Recognized certification authority to furnish report and statutory declaration on compliance with Ordinance and code of practice
  • Cap 553 s 43A - Recognized certification authority to furnish report and statutory declaration when required by Government Chief Information Officer
  • Cap 553 s 44 - Recognized certification authority to issue a certification practice statement
  • Cap 553 s 45 - Recognized certification authority to maintain repository
  • Cap 553 s 46 - Obligation of secrecy
  • Cap 553 s 47 - False information
  • Cap 553 s 48 - Other offences
  • Cap 553 s 49 - Regulations
  • Cap 553 s 50 - Secretary may amend Schedules
  • Cap 553 s 51 - Protection of public officers
  • Cap 553 Sched 1 - MATTERS EXCLUDED FROM APPLICATION OF SECTIONS 5, 5A, 6, 7, 8 AND 17 OF THIS ORDINANCE UNDER SECTION 3 OF THIS ORDINANCE
  • Cap 553 Sched 2 - PROCEEDINGS IN RELATION TO WHICH SECTIONS 5, 5A, 6, 7 AND 8 OF THIS ORDINANCE DO NOT APPLY UNDER SECTION 13(1) OF THIS ORDINANCE
  • Cap 553 Sched 3 - SERVICE OF DOCUMENTS

About the Author

Authors:

Pádraig Walsh and Amita Kaur, Clyde & Co
 
Pádraig Walsh
 
Pádraig is a partner in the corporate team of Clyde & Co's Hong Kong office.
 
He specialises in corporate and commercial transactional and advisory matters, including banking and trade finance, HKSE, HKMA and SFC regulatory matters, joint ventures, corporate restructurings, mergers and acquisitions, manufacturing, distribution and other commercial agreements and employment related issues.
 
Chambers Asia 2011 ranks Pádraig as a leading employment and TMT lawyer.
 
He is a frequent speaker and writer on a wide range of topics including regulatory issues in the financial services industry, banking and finance in Hong Kong and China, and corporate mergers and acquisitions.
 
Amita Kaur
 
Amitais an Associate with Clyde & Co’s Hong Kong office.
 
She is experienced in a broad range of intellectual property, information technology and general commercial matters; acts for clients in contentious intellectual property matters and advises on personal data privacy matters.
 
She is a member of the International Trademark Association and speaks on intellectual property related issues at seminars organized on behalf of clients.
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