Page:Electronic Transactions Ordinance (Cap. 553).pdf/13

ELECTRONIC TRANSACTIONS ORDINANCE (2) If an Ordinance permits information to be given by a person to another and neither person is or is acting on behalf of a government entity, section (2) 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.

(3) If an Ordinance requires the signature of a person (“the signer”) and neither the signer nor the person to whom the signature is to be given (“the second mentioned person”) is or is acting on behalf of a government entity, section 6 applies only if the second mentioned person consents to the signer’s digital signature being given.

(4) If an Ordinance requires information to be presented in its original form and neither the person presenting it nor the person to whom it is to be presented (“the second mentioned person”) is or is acting on behalf of a government entity, section 7(1) applies only if the second mentioned person consents to it being presented in the form of an electronic record.

(5) In this section—

“consent” (同意) includes consent that can be reasonably inferred from the conduct of the person concerned;

“government entity” (政府單位) means a public officer or a public body.

16. Sections 5, and 8 not to have effect if their operation affects other statutory requirements

(1) If the effect of section 5 on a requirement or permission in an Ordinance for information to be or given in writing (“requirement for writing”) is such that any other requirement in that Ordinance or a related Ordinance (that is a requirement other than the requirement for writing) cannot be complied with due to the operation of that section, section 5 does not apply to the requirement for writing.

(2) If the effect of section 6 on a requirement in an Ordinance for the signature of a person is such that any other requirement in that Ordinance or a related Ordinance (that is a requirement other than the requirement for the signature of a person) cannot be complied with due to the operation of that section, section 6 does not apply to the requirement for the signature of a person.

(3) If the effect of section 7 on a requirement in an Ordinance for information to be presented or retained in its original form (“requirement for original form”) is such that any other requirement in that Ordinance or a related Ordinance (that is a requirement other than the requirement for original form) cannot be complied with due to the operation of that section, section 7 does not apply to the requirement for original form.