Page:Electronic Transactions Ordinance (Cap. 553).pdf/17

ELECTRONIC TRANSACTIONS ORDINANCE '''21. Director may on application recognize certification authorities'''

(1) The Director may—
 * (a) recognize an applicant under section 20 as a recognized certification authority if the Director is satisfied that the applicant is suitable for such recognition; or
 * (b) refuse the application for recognition.

(2) The Director must give reasons in writing to the applicant for refusing an application under subsection (1)(b).

(3) The Director may, in recognizing a certification authority referred to in section 20(4), waive the whole or part of the prescribed fee as the Director may decide in relation to a particular case.

(4) In determining whether an applicant is suitable for recognition under subsection (1), the Director shall, in addition to any other matter the Director considers relevant, take into account the following—
 * (a) whether the applicant has the appropriate financial status for operating as a recognized certification authority in accordance with this Ordinance and the code of practice;
 * (b) the arrangements put in place or proposed to be put in place by the applicant to cover any liability that may arise from its activities relevant for the purposes of this Ordinance;
 * (c) the system, procedure, security arrangements and standards used or proposed to be used by the applicant to issue certificates to subscribers;
 * (d) the report referred to in section 20(3)(b) (if applicable);
 * (e) whether the applicant and the responsible officers are fit and proper persons; and
 * (f) the reliance limits set or proposed to be set by the applicant for its certificates.

(5) In determining whether a person referred to in subsection (4)(e) is a fit and proper person, the Director shall, in addition to any other matter the Director considers relevant, have regard to the following—
 * (a) the fact that the person has a conviction in Hong Kong or elsewhere for an offence for which it was necessary to find that the person had acted fraudulently, corruptly or dishonestly;
 * (b) the fact that the person has been convicted of an offence against this Ordinance;
 * (c) if the person is an individual, the fact that the person is an undischarged bankrupt or has entered into a composition or a scheme of arrangement or a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) within the 5 years preceding the date of the application; and