Page:Electronic Transactions Ordinance (Cap. 553).pdf/9

ELECTRONIC TRANSACTIONS ORDINANCE PART III 5. Requirement for writing

(1) If a rule of law requires information to be or given in writing or provides for certain consequences if it is not, an electronic record satisfies the requirement if the information contained in the electronic record is accessible so as to be usable for subsequent reference.

(2) If a rule of law permits information to be or given in writing, an electronic record satisfies that rule of law if the information contained in the electronic record is accessible so as to be usable for subsequent reference.

6. Digital signatures

(1) If a rule of law requires the signature of a person or provides for certain consequences if a document is not signed by a person, a digital signature of the person satisfies the requirement but only if the digital signature is supported by a recognized certificate and is generated within the validity of that certificate.

(2) In subsection (1), “within the validity of that Certificate” (在該證書的有效期内) means that at the time the digital signature is generated—
 * (a) the recognition of the recognized certificate is not revoked or suspended;
 * (b) if the Director has specified a period of validity for the recognition of the recognized certificate, the certificate is within that period; and
 * (c) if the recognized certification authority has specified a period of validity for the recognized certificate, the certificate is within that period.

7. Presentation or retention of information in its original form

(1) Where a rule of law requires that certain information be presented or retained in its original form, the requirement is satisfied by presenting or retaining the information in the form of electronic records if—
 * (a) there exists a reliable assurance as to the integrity of the information from the time when it was first generated in its final form; and