Contents of Section

Chapter:

553 PDFTitle:ELECTRONIC TRANSACTIONS ORDINANCEGazette Number:14 of 2004
Section:11Heading:Permanent Secretary may make orders excluding application of section 5, 6, 7 or 8, etc.Version Date:30/06/2004

(1) The Permanent Secretary may by order published in the Gazette exclude an Ordinance or a particular requirement or permission in an Ordinance or a class or description of requirements or permissions in an Ordinance, to which this Ordinance would otherwise apply, from the application of section 5, 6, 7 or 8. (Amended 14 of 2004 s. 7)
(2) The Permanent Secretary may, in relation to an Ordinance to which section 5, 5A, 6, 7 or 8 applies, specify by notice published in the Gazette- (Amended 14 of 2004 s. 7)

        (a) the manner and format in which information in the form of an electronic record is to be given, presented or retained or a document in the form of an electronic record is to be served for the purposes of that Ordinance or a particular requirement or permission in that Ordinance or a class or description of requirements or permissions in that Ordinance; and (Amended 14 of 2004 s. 7)
        (b) the procedure and criteria for verification of the receipt of that information and for ensuring the integrity and confidentiality of the information.
(3) The Permanent Secretary may specify different requirements under subsection (2)(a) or (b) in relation to persons or cases of different classes or descriptions. (Amended 14 of 2004 s. 7)
(4) An order under subsection (1) is subsidiary legislation.
(5) A notice under subsection (2) is not subsidiary legislation.
(6) In this section, "manner and format" (方式及規格) includes requirements as to software, communication, data storage, how the electronic record is to be generated, sent, stored or received and where a signature is required, the type of signature and how the signature is to be affixed to the electronic record.