{"id":28746,"date":"2019-06-19T10:49:05","date_gmt":"2019-06-19T02:49:05","guid":{"rendered":"https:\/\/zegal.com\/?p=28746"},"modified":"2024-12-27T18:07:01","modified_gmt":"2024-12-27T10:07:01","slug":"making-your-mark-electronic-signatures-in-hong-kong","status":"publish","type":"post","link":"https:\/\/zegal.com\/en-nz\/blog\/post\/making-your-mark-electronic-signatures-in-hong-kong\/","title":{"rendered":"Electronic Signatures – Hong Kong Guidelines"},"content":{"rendered":"

\"\"<\/p>\n

Electronic signatures are valid in hong Kong work for most legal documents. Here\u2019s everything you need to know about what qualifies as a signature, the rules on electronic signatures, and when and how they can be applied.<\/p>\n

 <\/p>\n

Table of Content<\/h5>\n
A Nugget of Historical Context<\/h5>\n
What Is Required For An E-Signature To Be Valid In Hong Kong<\/h5>\n
Scope and Applicability of Electronic\u00a0Signatures<\/h5>\n
Paperless Contracts<\/h5>\n
Electronic\u00a0Signatures in the People\u2019s Republic of China<\/h5>\n

 <\/p>\n

A Nugget of Historical Context<\/h4>\n

From centuries, the signature has been humankind\u2019s way of showing one\u2019s distinct identity on objects and documents. Throughout time and space, signatures have taken an infinite number of forms and mutations. It is not a wild leap to assume that this signature craze all started when some Palaeolithic humans some 15,000 years ago decided that they wanted recognition for their cave paintings and stencilled their handprint next to it.<\/span><\/p>\n

The ancient Egyptians used hieroglyphics\u2014a combination of pictographs to denote names. Romans were known to use signatures during the late empire, but the first incarnation of the signature as the western world knows it today came in 1069. “El Cid\u201d, a nobleman from Medieval Spain, first signed his name on a document for a donation to a church. While on the other side of the world, the use of a seal was much more prominent\u2014 printing stamps and impressions of names on documents and objects, a practice which continues to this day.<\/span><\/p>\n

\"\"<\/p>\n

The signatures of today, and in particular, electronic signatures are a radical departure from the past. Hand-singing something and using a seal a hundred years ago was much more of a physical manifestation of one\u2019s word and bond. The pomp and circumstance of making your mark felt damn important each time, whether it was dipping a fountain pen in ink, melting red wax on a letter and sealing it with a signet ring, or using a heavy jade stamp to authoritatively impress your name on a document with red ink. Signatures felt like they <\/span>mattered.<\/span><\/i><\/p>\n

Today, any scribble on a tablet will suffice. However, do not be fooled by the casual nature of electronic signatures\u2014they are just as binding as written or \u201cwet\u201d signatures. <\/span><\/p>\n

What Is Required For An E-Signature To Be Valid In Hong Kong<\/h4>\n

The use of electronic signatures is governed by the Electronic Transaction Ordinance (ETO) Cap. 553, and within this piece of legislation is the definition of \u201celectronic signature\u201d.<\/span><\/p>\n

It is defined under Section 2 as <\/span>“any letters, characters, numbers or other symbols in digital form attached to or logically associated with an electronic record, and executed or adopted for the purpose of authenticating or approving the electronic record\u201d<\/b>. <\/span><\/p>\n

What this means is any electronic depiction of what is usually a written signature will be enough on an electronic document. It could literally be a happy face, if you so wish to use that as your signature. The definition is very loosely defined for the ease of people to do business. Some people may be illiterate, and for them, any mark they make electronically will have the same legal effect as a written one.\u00a0<\/span><\/p>\n

The Rules<\/h4>\n

Here are the rules in the ETO for electronic signatures: Section 6(1) of the ETO sets out three requirements for an electronic signature to be valid when the transaction in question does not involve anyone related to a government entity:<\/span><\/p>\n

    \n
  1. the person whose signature is required by law to be given uses a method to attach the electronic signature or associate the electronic signature with an electronic record to identify himself and indicate his authentication\/approval of the information in the electronic record\u2014<\/span>e-signature must be part of the e-document<\/b>;<\/span><\/li>\n
  2. the <\/span>method indicated in (1) is reliable and appropriate<\/b> so that the information in the electronic record is communicated; and<\/span><\/li>\n
  3. the person to whom the signature is given consents to the use of the method by the person whose signature is required by law to be given\u2014<\/span>get consent<\/b><\/li>\n<\/ol>\n

    If all three simple criteria are fulfilled, the electronic signature itself will be legally binding. <\/span><\/p>\n

    However, there are other considerations that must be accounted for when using electronic signatures.\u00a0<\/span><\/p>\n

    Scope and Applicability of Electronic\u00a0Signatures<\/h4>\n

    Electronic signatures<\/b> will work for <\/b>most<\/i><\/b> legal documents<\/b>. Here are the circumstances when an electronic signature will not be legally binding, and a \u201cwet\u201d signature is required:\u00a0<\/span><\/p>\n

    Exceptions<\/b> under Schedule 1 of the ETO:\u00a0<\/span><\/p>\n