### Electronic Transactions Ordinance 《電子交易條例》

5A. Service of documents
(1) Without limiting section 5, if a provision set out in Schedule 3 requires a document to be served on a person, the provision is to be construed as also providing that service of the document in the form of an electronic record to an information system designated by the person satisfies the requirement under the provision if the information contained in the electronic record is accessible so as to be usable for subsequent reference. (Amended 2 of 2024 s. 6)
(2) Without limiting section 5, if a provision set out in Schedule 3 permits a document to be served on a person, the provision is to be construed as also providing that service of the document in the form of an electronic record to an information system designated by the person is permitted under the provision if the information contained in the electronic record is accessible so as to be usable for subsequent reference. (Amended 2 of 2024 s. 6)
(3) Subsections (1) and (2) apply regardless of whether there is any specification as to the mode of service of a document in the provision. (Added 2 of 2024 s. 6)
(4) For the purposes of subsections (1) and (2), even if the provision requires, or permits, more than one copy of the document to be served on the person, the provision is to be construed as also providing that service of a single copy of the document in such form satisfies the requirement, or is permitted, under the provision. (Added 2 of 2024 s. 6)
(Added 14 of 2004 s. 4)

6. Electronic signatures, digital signatures, etc.
(1) Where—
(a) a rule of law requires the signature of a person (the first mentioned person

### Electronic Transactions Ordinance 《電子交易條例》

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
(b) where it is required that information be presented, the information is capable of being displayed in a legible form to the person to whom it is to be presented.
(2) For the purposes of subsection (1)(a)—
(a) the criterion for assessing the integrity of the information is whether the information has remained complete and unaltered, apart from the addition of any endorsement or any change which arises in the normal course of communication, storage or display; and
(b) the standard for reliability of the assurance is to be assessed having regard to the purpose for which the information was generated and all the other relevant circumstances.
(3) This section applies whether the requirement in subsection (1) is in the form of an obligation or whether the rule of law merely provides consequences for the information not being presented or retained in its original form.

8. Retention of information in electronic records
(1) Where a rule of law requires certain information to be retained, whether in writing or otherwise, the requirement is satisfied by retaining electronic records, if—
(a) the information contained in the electronic record remains accessible so as to be usable for subsequent reference;
(b) the relevant electronic record is retained in the format in which it was originally generated, sent or received, or in a format which can be demonstrated to represent accurately the information originally generated, sent or received; and
(c) the information which enables the identification of the origin and destination of the electronic record and the date and time when it was sent or received, is retained.
(2) This section applies whether the requirement in subsection (1) is in the form of an obligation or whether the rule of law merely provides consequences for the information not being retained.

9. Admissibility of electronic records
Without prejudice to any rules of evidence, an electronic record shall not be denied admissibility in evidence in any legal proceeding on the sole ground that it is an electronic record.

10. Construction of this Part subject to Part IV
This Part is to be construed subject to Part IV.

### Electronic Transactions Ordinance 《電子交易條例》

11. Permanent Secretary may make orders excluding application of section 5, 6, 7 or 8, etc.
(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.

12. Electronic record to comply with specified requirements to satisfy sections 5, 5A, 6, 7 and 8
If the Permanent Secretary has specified any requirement under section 11(2) in relation to an Ordinance, the information given, presented or retained, the document served or the signature made, as the case may require, for the purpose of that Ordinance does not satisfy that Ordinance unless it complies with the specified requirements.
(Amended 14 of 2004 s. 8)