Cap 571U s 2 Service of documents on Commission (SECURITIES AND FUTURES (MISCELLANEOUS) RULES; SECURITIES AND FUTURES ORDINANCE)

Contents of Section

Chapter:	571U	Title:	SECURITIES AND FUTURES (MISCELLANEOUS) RULES	Gazette Number:	14 of 2004
Section:	2	Heading:	Service of documents on Commission	Version Date:	30/06/2004

(1) Except as otherwise provided in the Ordinance, where any document is required for the purposes of any provision of the Ordinance to be served (however described) on the Commission, it shall-

(a) in the case of a document other than in electronic form, be-

(i) delivered by hand;

(ii) sent by post; or

(iii) sent by facsimile transmission to such facsimile number as may be specified by the Commission on the contact details page of the Commission's web site; or

(b) in the case of a document in electronic form, be-

(i) sent by means of such electronic transmission as may be approved by the Commission; or

(ii) sent by electronic mail transmission,

to such electronic reception facility as may be specified by the Commission on the contact details page of the Commission's web site. (L.N. 45 of 2003)

(2) Except as otherwise provided in the Ordinance, where any document is required for the purposes of any provision of the Ordinance to be served (however described) on the Commission-

(a) in the case of a document in respect of which a form has been specified under section 402 of the Ordinance, it shall, subject to subsection (3), be signed, executed and authenticated in the manner specified in such directions and instructions as are included in the form; or

(b) in the case of a document in respect of which no form has been specified under section 402 of the Ordinance, it shall, subject to subsection (3), be signed, executed and authenticated by the person by whom the document is served or by such other person as is authorized by the first-mentioned person to act in that behalf.

(3) For the purposes of subsection (2), if a document is in electronic form, the signature shall, unless otherwise specified by the Commission, be in the form of a digital signature, and the digital signature shall be-

(a) supported by a recognized certificate;

(b) generated within the validity of that certificate; and

(14 of 2004 s. 31)

(4) On an application by any person to the Commission, the Commission may, where it is satisfied that an applicant has substantial practical difficulties in serving (however described) any document within the time provided under the Ordinance, in its discretion by notice in writing extend the time for such period and upon such terms as it may direct.
(5) For the purposes of subsection (3)(a), a digital signature is taken to be supported by a recognized certificate if it is taken to be supported by that certificate under section 2(2) of the Electronic Transactions Ordinance (Cap 553). (14 of 2004 s. 31)
(6) In subsection (3)-
"digital signature" (數碼簽署) has the meaning assigned to it by section 2(1) of the Electronic Transactions Ordinance (Cap 553);
"recognized certificate" (認可證書) has the meaning assigned to it by section 2(1) of the Electronic Transactions Ordinance (Cap 553);
"within the validity of that certificate" (在該證書的有效期內) has the meaning assigned to it by section 6(2) of the Electronic Transactions Ordinance (Cap 553). (14 of 2004 s. 31)