Page:Electronic Transactions Ordinance (Cap. 553).pdf/16

ELECTRONIC TRANSACTIONS ORDINANCE PART VII 20. Certification authority may apply to Director for recognition

(1) A certification authority may apply to the Director to become a recognized certification authority for the purposes of this Ordinance.

(2) Subject to subsection (4) and section 21(3), an application under subsection (1) must be made in the prescribed manner and in a form specified by the Director and the applicant must pay the prescribed fee in respect of the application.

(3) An applicant must furnish to the Director—
 * (a) the relevant particulars and documents specified under section 30; and
 * (b) a report which—
 * (i) contains an assessment as to whether the applicant is capable of complying with the provisions of this Ordinance applicable to a recognized certification authority and the code of practice; and
 * (ii) is prepared by a person acceptable to the Director as being qualified to give such a report.

(4) The Director may waive—
 * (a) the requirements as to manner and form of making the application in subsection (2); or
 * (b) the requirement of a report under subsection (3),

in relation to a certification authority, in the circumstances specified in subsection (5).

(5) The Director may waive the requirements referred to in subsection (4) only if—
 * (a) the applicant is a certification authority with a status in a place outside Hong Kong comparable to that of a recognized certification authority (“comparable status”); and
 * (b) the competent authority of that place accords to a recognized certification authority a comparable status on the basis of it being a recognized certification authority.