Page:Electronic Transactions Ordinance (Cap. 553).pdf/27

ELECTRONIC TRANSACTIONS ORDINANCE '''40. Representations upon publication of recognized certificate'''

By publishing a recognized certificate, a recognized certification authority represents to any person who reasonably relies on the information contained in the certificate, that the recognized certification authority has issued the certificate to the subscriber concerned.

41. Reliance limit

(1) A recognized certification authority may, in issuing a recognized certificate, specify a reliance limit in the certificate.

(2) The recognized certification authority may specify different limits in different recognized certificates or in different types, classes or description of certificates.

42. Liability limits for recognized certification authorities

(1) Unless a recognized certification authority waives the application of this subsection, the recognized certification authority is not liable for any loss caused by reliance on a false or forged digital signature of a subscriber supported by a recognized certificate issued by that certification authority, if the recognized certification authority has complied with the requirements of this Ordinance and the code of practice with respect to that certificate.

(2) Unless a recognized certification authority waives the application of this subsection, the recognized certification authority is not liable in excess of the amount specified in the certificate as its reliance limit, for a loss caused by reliance on any information—
 * (a) that the recognized certification authority is required to confirm according to the certification practice statement and the code of practice; and
 * (b) which is misrepresented on that recognized certificate or in a repository,

if the recognized certification authority has, in relation to that certificate, complied with the requirements of this Ordinance and the code of practice.

(3) The limitation of liability under subsection (2) does not apply if the fact was misrepresented due to the negligence of the recognized certification authority or it was intentionally or recklessly misrepresented by the recognized certification authority.