The Hong Kong Electronic Transactions Ordinance

Name: The Hong Kong Electronic Transactions Ordinance
Brand: Sweet & Maxwell Hong Kong
SKU: 9789626614594
Price: 979.70 HKD
Availability: OutOfStock
Author: Pádraig Walsh; Amita Kaur
ISBN: 9789626614594

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.

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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