Is the electronic signature legal in Hong Kong? What legal regulation is the electronic signature mainly subject to?

Electronic signatures are legal in Hong Kong. Hong Kong electronic signatures are mainly regulated by the Hong Kong Electronic Transactions Ordinance (hereinafter referred to as ETO).

What are the types of electronic signature recognized in Hong Kong? What are the requirements for each separation?

In Hong Kong, the ETO recognizes two electronic signatures, electronic signature and Digital signature.

1.Electronic signature

"Electronic signature" means any letter, word, number or other symbol attached to the electronic record, or logically associated with the electronic record, or to which it is signed or adopted for the authentication or approval of the electronic record.include:

• Reliability: The signer must attach or logically associate the electronic signature with the electronic record to indicate his identity or recognition of the content of the record；
• Appropriate: The method used must be reliable and appropriate;
• Consent: The signature recipient must agree to use an electronic signature (including implied consent).

2.Digital signature

"Digital signature" is the electronic signature generated by using the "asymmetric password system and miscellaneous function", which is a special electronic signature. Simply put, a digital signature is an electronic signature that encrypts with a set of algorithms and accordingly verifies the identity of the signatory.include:

• With the support of the accreditation certificate (i. e., the digital certificate issued by the accreditation certification body);
• Generated within the validity period of the accreditation certificate;
• Use in accordance with the terms of the accreditation certificate.

Electronic signatures involving any government entity must be signed using digital signatures, and digital signatures must be supported by an approved digital certificate issued by an approved certification body.

What scenarios in Hong Kong must require traditional signatures?

The use of electronic signatures is restricted in the following documents or scenarios:

• Will, will, or any other testamentary document;
• Trust agreement, except for the resulting trust, implied trust or constructive trust;
• A power of attorney;
• Any document subject to printing or annotation under the Stamp Duty Ordinance, except for the closing documents;
• Government grant and the lease;
• Any deed, conveyance or other document referred to in the Land Registration Ordinance that may affect any land, apartment or premises in Hong Kong;
• Any assignment, mortgage or legal instrument made under the Transfer and Property Ordinance or any contract connected to the transfer or disposition of real property or any interest therein;
• Documents affecting floating charges under Article 2A of the Land Registration Ordinance;
• Pledge, and affidavits;
• Statutory declaration;
• A judgment or order of the court;
• A search warrant issued by a court or a magistrate;
• Transferable notes, except for checks marked "not transferable";
• Courts, Trials, administrative and other proceedings unless their application is provided for by any rule of law relating to such proceedings;
• Various legal procedure documents stipulated in Schedule 2 of the Electronic Trading Regulations.