Page:Electronic Transactions Ordinance (Cap. 553).pdf/22

ELECTRONIC TRANSACTIONS ORDINANCE (5) Subject to subsection (6), an applicant must pay the prescribed fee in respect of an application for renewal.

(6) The Director may, in the circumstances specified in section 20(5), waive the requirements in subsection (4) or the whole or part of the prescribed fee as the Director may decide in relation to a particular case.

(7) Section 21(4) and (6) applies to a renewal of a recognition subject to necessary modifications.

28. Certification authority may appeal to Secretary against decision of Director

(1) A certification authority aggrieved by a decision of the Director—
 * (a) refusing an application for recognition under section 21 or 22;
 * (b) refusing an application for renewal of a recognition under section 22 or 27; or
 * (c) revoking or suspending a recognition under section 23 or 24,

may appeal to the Secretary against the decision within 7 days from the date on which the relevant decision is made.

(2) An appeal under subsection (1) must be commenced by sending a notice of appeal to the Secretary as an electronic record or delivering the notice by hand to the Secretary or leaving the notice at the office of the Secretary during the ordinary business hours of that office.

(3) A certification authority who appeals to the Secretary under this section must also give notice of the appeal to the Director as soon as practicable.

(4) On appeal under subsection (1), the Secretary may confirm, vary or reverse the decision of the Director.

(5) The Secretary must give the appellant notice of the decision on appeal, together with reasons—
 * (a) by sending it to the appellant as an electronic record; or
 * (b) by sending it by post or registered post to the last known address of the appellant.

(6) If in a particular case it is not reasonably practicable to give the notice of the decision on appeal by either of the means specified in subsection (5), the notice is taken to have been given if the Secretary publishes it in the certification authority disclosure record maintained under section 31 for the appellant.