Electronic Transactions Ordinance

CONTENTS

Section

PART I

Preliminary

1. Short title and commencement
2. Interpretation

   PART II

   Application

3. Matters to which sections 5, 6, 7, 8 and 17 are not applicable
4. Ordinance to bind Government

   PART III

   Electronic Records and Digital Signatures

5. Requirement for writing
6. Digital signatures
7. Presentation or retention of information in its original form
8. Retention of information in electronic records
9. Admissibility of electronic records
10. Construction of this Part subject to Part IV

    PART IV

    Limitations on Operation of Sections 5, 6, 7 and 8

11. Secretary may make orders excluding application of section 5, 6, 7 or 8
12. Electronic record to comply with specified requirements to satisfy sections 5, 6, 7 and 8
13. Rules of court or procedure only to apply where relevant authority provides for application
14. Sections 5, 6, 7 and 8 not to affect specific provisions as to electronic records in other Ordinances
15. When sections 5, 6 and 7 apply to transactions between persons who are not government entities
16. Sections 5, 6, 7 and 8 not to have effect if their operation affects other statutory requirements

    PART V

    Electronic Contracts

17. Formation and validity of electronic contracts

    PART VI

    Attribution of Sending and Receiving Electronic Records

18. Attribution of electronic record
19. Sending and receiving electronic records

    PART VII

    Recognition of Certification Authorities and Certificates by Director

20. Certification authority may apply to Director for recognition
21. Director may on application recognize certification authorities
22. Director may recognize certificates
23. Director may revoke recognition
24. Director may suspend recognition
25. Matters Director may take into account in revoking or suspending a recognition
26. Effect of revocation, suspension of recognition or expiry of validity of recognized certificate
27. Director may renew recognition of certification authority
28. Certification authority may appeal to Secretary against decision of Director
29. How Director may give notices under this Part
30. Director to specify particulars and documents by notice in the Gazette

    PART VIII

    Certification Authority Disclosure Records and Code of Practice

31. Director to maintain certification authority disclosure record
32. Director to notify revocations, suspensions and non-renewals of recognition, etc.
33. Director may issue code of practice

    PART IX

    Postmaster General to be Recognized Certification Authority

34. The Postmaster General as recognized certification authority
35. Postmaster General may perform functions and provide services of certification authority

    PART X

    General Provisions as to Recognized Certification Authorities

36. Publication of issued and accepted certificates
37. Recognized certification authority to use trustworthy system
38. Presumption as to correctness of information
39. Representations upon issuance of recognized certificate
40. Representations upon publication of recognized certificate
41. Reliance limit
42. Liability limits for recognized certification authorities
43. Recognized certification authority to furnish report on compliance with Ordinance and code of practice
44. Recognized certification authority to issue a certification practice statement
45. Recognized certification authority to maintain repository

    PART XI

    Provisions as to Secrecy, Disclosure and Offences

46. Obligation of secrecy
47. False information
48. Other offences

    PART XII

    Secretary's Power to Amend Schedules and Make Subsidiary Legislation and Immunity of Public Officers

49. Regulations
50. Secretary may amend Schedules
51. Protection of public officers

    Schedule 1 - Matters excluded from application of sections 5, 6, 7, 8 and 17 of this Ordinance under section 3 of this Ordinance

    Schedule 2 - Proceedings in relation to which sections 5, 6, 7 and 8 of this Ordinance do not apply under section 13(1) of this Ordinance