Legality and enforceability of electronic signatures in Hong Kong*

In Hong Kong, electronic signatures are recognized as valid legal instruments. The Electronic Transactions Ordinance provides the legal framework for their use and establishes a tiered signature system.

An electronic signature, or a simple electronic signature, is 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. The law provides very standard requirements for the validity of simple electronic signatures:

1. The signature must be attached to or logically associated with the signed document in a way that allows the signatory to be identified.
2. The signature needs to indicate the signatory’s authentication or approval of the information contained in the signed document.
3. The signature should be based on reliable technology.
4. The parties have consented to the use of the electronic signature.

A digital signature is an electronic signature generated by transforming the electronic record using an asymmetric cryptosystem and a hash function to ensure the authentication of the signatories and avoid tampering with the signed document. To be valid under the Hong Kong laws, a digital signature must:

1. Allow the identification of the signatories by matching private and public keys.
2. Indicate if the document has been altered after the moment of signing.
3. Use a digital certificate issued by the certified authority.

Yes. One of the requirements for the validity of electronic signatures is that the parties must consent to the use of the particular electronic signature method. Also, the law provides that if an information needs to be given to a person, the information can be provided in the form of an electronic record only if the recepient consents to the use of electronic records.

Hong Kong laws provide that an electronic record shall not be denied admissibility in evidence in any legal proceeding on the sole ground that it is an electronic record. Also, if a law requires information to be in writing, this requirement should be satisfied by providing information in the electronic if it is available for further use, access, and reference.

Therefore, electronic signatures are generally valid in Hong Kong.

When it comes to evidence, the law states that unless there is evidence to the contrary, the information signed with a valid digital signature is, by default, correct. For information signed with a simple electronic signature, an asserting party needs to provide proof confirming the validity and authenticity of that evidence.

In Hong Kong, if a government entity is a party to a transaction, parties may use only digital signatures.

When signing the following documents in Hong Kong, the parties must use only traditional signatures:

1. Wills, codicils, or any other testamentary documents.
2. Trust agreements, except resulting, implied, or constructive trusts.
3. Power of attorney.
4. Any instrument that is required to be stamped or endorsed under the Stamp Duty Ordinance, except a contract note.
5. Government conditions of grant and leases.
6. Any deed, conveyance, or other document mentioned in the Land Registration Ordinance that may affect any land, apartments, or premises in Hong Kong.
7. Any assignment, mortgage, or legal instrument under the Conveyancing and Property Ordinance or any contract related to the transfer or disposal of immovable property or any interest in it.
8. A document affecting a floating charge per section 2A of the Land Registration Ordinance.
9. Oaths and affidavits.
10. Statutory declarations.
11. Judgments or orders of court.
12. A warrant issued by a court or a magistrate.
13. Negotiable instruments, except cheques marked as “not negotiable.”
14. Court, tribunal, administrative, and other legal proceedings, unless any rule of law relating to those proceedings provides for its application.
15. Various proceeding documents specified in Schedule 2 to the Electronic Transactions Ordinance.

Last updated: September 2024