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

13. Rules of court or procedure only to apply where relevant authority provides for application
(1) Section 5, 5A, 6, 7 or 8 does not apply in relation to information given, presented or retained, documents served or signatures required for the purposes of any proceedings set out in Schedule 2, unless any rule of law relating to those proceedings provide for its application.
(2) Subsection (1) is not to be construed as affecting any provision in a rule of law referred to in that subsection, requiring or permitting, otherwise than by reference to this Ordinance, the use of electronic records or electronic signatures for the purposes of the proceedings to which the rule of law relates.
(3) Any authority given by a rule of law to make rules (however described) for the purpose of any proceedings set out in Schedule 2 is to be construed as including a power to provide for—
(a) the application of section 5, 5A, 6, 7 or 8; and
(b) the specification of the matters referred to in section 11(2)(a) and (b), by subsidiary legislation or otherwise, consequent to such application.
(Amended 14 of 2004 s. 9)

14. Sections 5, 6, 7 and 8 not to affect specific provisions as to electronic records in other Ordinances
If an Ordinance requires or permits giving, presenting or retaining information in the form of an electronic record or the authentication of information by an electronic signature for the purposes of that Ordinance, but contains an express provision which—
(a) specifies requirements, procedures or other specifications for that purpose;
(b) requires the use of a specified service; or
(c) confers a discretion on a person whether or when to accept electronic records or electronic signatures for that purpose,
section 5, 6, 7 or 8 is not to be construed as affecting that express provision.

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

15. Consent required for sections 5, 5A and 7 to apply to transactions between persons who are not government entities
(1) If an Ordinance requires information to be given by a person to another and neither person is or is acting on behalf of a government entity, section 5(1) applies only if the person to whom the information is to be given consents to it being given in the form of an electronic record.
(2) If an Ordinance permits information to be given by a person to another and neither person is or is acting on behalf of a government entity, section 5(2) applies only if the person to whom the information is to be given consents to it being given in the form of an electronic record.
(2A) If an Ordinance requires a document to be served by a person on another and neither person is or is acting on behalf of a government entity, section 5A(1) applies only if the person on whom the document is to be served consents to it being served in the form of an electronic record. (Added 14 of 2004 s. 10. Amended 2 of 2024 s. 7)
(2B) If an Ordinance permits a document to be served by a person on another and neither person is or is acting on behalf of a government entity, section 5A(2) applies only if the person on whom the document is to be served consents to it being served in the form of an electronic record. (Added 14 of 2004 s. 10. Amended 2 of 2024 s. 7)
(3) (Repealed 14 of 2004 s. 10)(4) If an Ordinance requires information to be presented in its original form and neither the person presenting it nor the person to whom it is to be presented (the second mentioned person

16. Sections 5, 6, 7 and 8 not to have effect if their operation affects other statutory requirements
(1) If the effect of section 5 on a requirement or permission in an Ordinance for information to be, or to be given, in writing (requirement for writing

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

17. Formation and validity of electronic contracts
(1) For the avoidance of doubt, it is declared that in the context of the formation of contracts, unless otherwise agreed by the parties, an offer and the acceptance of an offer may be in whole or in part expressed by means of electronic records.
(2) Where an electronic record is used in the formation of a contract, that contract shall not be denied validity or enforceability on the sole ground that an electronic record was used for that purpose.
(2A) For the avoidance of doubt, it is declared that in the context of the formation of contracts, if an offer or the acceptance of an offer is in whole or in part expressed by means of an electronic record, an electronic signature attached to or logically associated with the electronic record shall not be denied legal effect on the sole ground that it is an electronic signature. (Added 14 of 2004 s. 11)
(3) For the avoidance of doubt, it is stated that this section does not affect any rule of common law to the effect that the offeror may prescribe the method of communicating acceptance.

Editorial Note:

1. This section has come into operation on 7 January 2000 other than in relation to the matters referred to in Schedule 1 of this Ordinance.

2. This section has come into operation on 7 April 2000 in relation to the matters referred to in Schedule 1 of this Ordinance.

18. Attribution of electronic record
(1) Unless otherwise agreed between the originator and the addressee of an electronic record, an electronic record is that of the originator if it was—
(a) sent by the originator;
(b) sent with the authority of the originator; or
(c) sent by an information system programmed by or on behalf of the originator to operate and to send the electronic record automatically.
(2) Nothing in subsection (1) is to affect the law of agency or the law on the formation of contracts.

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

19. Sending and receiving electronic records
(1) Unless otherwise agreed between the originator and the addressee of an electronic record, an electronic record is sent when it is accepted by an information system outside the control of the originator or of the person who sent the electronic record on behalf of the originator.
(2) Unless otherwise agreed between the originator and the addressee of an electronic record, the time of receipt of an electronic record is determined as follows—
(a) if the addressee has designated an information system for the purpose of receiving electronic records, receipt occurs—
(i) at the time when the electronic record is accepted by the designated information system; or
(ii) if the electronic record is sent to an information system of the addressee that is not the designated information system, at the time when the electronic record comes to the knowledge of the addressee;
(b) if the addressee has not designated an information system, receipt occurs when the electronic record comes to the knowledge of the addressee.
(3) Subsections (1) and (2) apply notwithstanding that the place where the information system is located is different from the place where the electronic record is taken to have been sent or received under subsection (4).
(4) Unless otherwise agreed between the originator and the addressee, an electronic record is taken to have been—
(a) sent at the place of business of the originator; and
(b) received at the place of business of the addressee.
(5) For the purposes of subsection (4)—
(a) if the originator or the addressee has more than one place of business, the place of business is that which has the closest relationship to the underlying transaction, or where there is no underlying transaction, the principal place of business of the originator or the addressee, as the case may be;
(b) if the originator or the addressee does not have a place of business, the place of business is the place where the originator or the addressee ordinarily resides.
(6) Where the originator and the addressee are in different time zones, time refers to Universal Standard Time.