Page:Electronic Transactions Ordinance (Cap. 553).pdf/12

ELECTRONIC TRANSACTIONS ORDINANCE '''13. Rules of court or procedure only to apply where relevant authority provides for application'''

(1) Section 5, 6, 7 or 8 does not apply in relation to information given, presented or retained or signatures required for the purposes of any proceedings set out in Schedule 2, unless any rule of law relating to those proceedings provide for its application.

(2) Subsection (1) is not to be construed as affecting any provision in a rule of law referred to in that subsection, requiring or permitting, otherwise than by reference to this Ordinance, the use of electronic records or electronic signatures for the purposes of the proceedings to which the rule of law relates.

(3) Any authority given by a rule of law to make rules (however described) for the purpose of any proceedings set out in Schedule 2 is to be construed as including a power to provide for—
 * (a) the application of section 5, 6, 7 or 8; and
 * (b) the specification of the matters referred to in section 11(2)(a) and (b), by subsidiary legislation or otherwise, consequent to such application.

14. Sections 5, 6, 7 and 8 not to affect specific provisions as to electronic records in other Ordinances

If an Ordinance requires or permits giving, presenting or retaining information in the form of an electronic record or the authentication of information by an electronic signature for the purposes of that Ordinance, but contains an express provision which—
 * (a) specifies requirements, procedures or other specifications for that purpose;
 * (b) requires the use of a specified service, or
 * (c) confers a discretion on a person whether or when to accept electronic records or electronic signatures for that purpose,

section 5, 6, 7 or 8 is not to be construed as affecting that express provision.

15. When sections 5, 6 and 7 apply to transactions between persons who are not government entities

(1) If an Ordinance requires information to be given by a person to another and neither person is or is acting on behalf of a government entity, section 5(1) applies only if the person to whom the information is to be given consents to it being given in the form of an electronic record.