Page:Electronic Transactions Ordinance (Cap. 553).pdf/14

ELECTRONIC TRANSACTIONS ORDINANCE (4) If the effect of section 8 on a requirement in an Ordinance for information to be retained (“requirement for retention”) is such that any other requirement in that Ordinance or a related Ordinance (that is a requirement other than the requirement for retention) cannot be complied with due to the operation of that section, section 8 does not apply to the requirement for retention. PART V '''17. Formation and validity of electronic contracts'''

(1) For the avoidance of doubt, it is declared that in the context of the formation of contracts, unless otherwise agreed by the parties, an offer and the acceptance of an offer may be in whole or in part expressed by means of electronic records.

(2) Where an electronic record is used in the formation of a contract, that contract shall not be denied validity or enforceability on the sole ground that an electronic record was used for that purpose.

(3) For the avoidance of doubt, it is stated that this section does not affect any rule of common law to the effect that the offeror may prescribe the method of communicating acceptance. PART VI '''18. Attribution of electronic record'''

(1) Unless otherwise agreed between the originator and the addressee of an electronic record, an electronic record is that of the originator if it was—
 * (a) sent by the originator;
 * (b) sent with the authority of the originator; or
 * (c) sent by an information system programmed by or on behalf of the originator to operate and to send the electronic record automatically.

(2) Nothing in subsection (1) is to affect the law of agency or the law on the formation of contracts.