Wednesday, February 04, 2009

Electronic Transactions Ordinance

To provide a clear legal framework for the conduct of e-business in the Hong Kong Special Administrative Region, the Electronic Transactions Ordinance (Cap. 553) (the Ordinance) was enacted on 5 January 2000. The PDF file format Electronic Transactions (Amendment) Ordinance 2004 (the Amendment Ordinance) was also enacted and came into operation on 30 June 2004 to update and improve the Ordinance. In general, the Ordinance, as amended by the Amendment Ordinance, seeks to -
  1. accord electronic record and electronic signature (please see the note below) the same legal status as that of their paper-based counterparts; and

  2. establish a voluntary recognition scheme for certification authorities to enhance public confidence in electronic transactions.
(Note : For transactions not involving Government entities, a signature requirement under the law can be met by any form of electronic signature so long as it is reliable, appropriate and agreed by the recipient of the signature. For transactions involving Government entities, a signature requirement under the law can be satisfied by digital signature.)

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