The Electronic Transactions Ordinance (Cap. 553 ) was enacted in Hong Kong to provide a legal framework for the conduct of secure electronic transactions by giving electronic record and electronic signature the same legal recognition as that of their paper-based counterparts.
The Electronic Transactions Ordinance (Cap. 553) also establishes a voluntary recognition scheme for certification authorities to enhance public confidence in electronic transactions.
For transactions not involving Government entities, a signature requirement under law can be met by any form of electronic signature so long as it is reliable, appropriate and agreed by the recipient of the signature.
For example, banks in Hong Kong use different forms of electronic signature, including digital signature supported by digital certificate issued by Certification Authority that are either recognized or not recognized under the Electronic Transactions Ordinance (Cap. 553).
For transactions involving Government entities, a signature requirement under law can be satisfied by digital signature supported by a recognized digital certificate issued by a Certification Authority recognized under the Electronic Transactions Ordinance (Cap. 553).
For example, a Hong Kong citizen may use recognized digital certificate issued by a recognized Certification Authority in submitting Tax Return electronically to Inland Revenue Department of the Hong Kong Government.
For legal advice and legal services on E-commerce & Fintech, please contact Chow & Cheung, Hong Kong solicitors & notary public (E-mail: cac@ccsn.hk).
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