Page:Electronic Transactions Ordinance (Cap. 553).pdf/20

ELECTRONIC TRANSACTIONS ORDINANCE (5) If the certification authority appeals under section 28 against the suspension, the suspension does not take effect until the expiry of 7 days from the date on which the Secretary confirms the suspension on appeal.

(6) If the period of suspension expires during the validity of a recognition and the recognition is not revoked, the recognition is taken to be reinstated.

25. Matters Director may take into account in revoking or suspending a recognition

The Director may, in revoking or suspending a recognition under section 23 or 24, in addition to any other matter that the Director considers relevant, take into account the following—
 * (a) any matter set out in section 21(4);
 * (b) whether the certification authority has failed—
 * (i) to operate in accordance with the certification practice statement;
 * (ii) to comply with the code of practice;
 * (iii) to use a trustworthy system; or
 * (iv) to comply with any provision of this Ordinance; and
 * (c) the relevant report furnished under section 43.

26. Effect of revocation, suspension of recognition or expiry of validity of recognized certificate

(1) Where the revocation or suspension of a recognition of a certification authority has taken effect or the period of validity of a recognition specified under section 21(6)(b) has expired, the provisions of this Ordinance relating to—
 * (a) a recognized certification authority do not apply to that certification authority;
 * (b) recognized certificates issued by a recognized certification authority do not apply to the certificates issued by that certification authority; and
 * (c) digital signatures supported by a recognized certificate issued by a recognized certification authority do not apply to the digital signatures supported by the certificates issued by that certification authority.

(2) Where the revocation or suspension of the recognition of a recognized certificate has taken effect, the provisions of this Ordinance relating to a recognized certificate or digital signatures supported by a recognized certificate do not apply to—
 * (a) the certificate of which the recognition is revoked or suspended;