Submission of Electronic Information

Introduction

               The Electronic Transactions Ordinance (ETO) (Cap 553) was enacted to facilitate the use of electronic transactions for commercial and other purposes.  It gives electronic records and digital signatures used in electronic transactions the same legal status as that of their paper-based counterparts.

2.             These provisions of the ETO for legal recognition of electronic records and digital signatures in relation to rules of law and admissibility of electronic records as evidence in court have come into operation since 7 April 2000.  Further details on the ETO are available at the web site of the Office of the Government Chief Information Officer (OGCIO) www.ogcio.gov.hk.

Simple Submissions under the Buildings Ordinance

3.             Buildings Department (BD) has set up an e-Counter to receive simple submissions in electronic format under the Buildings Ordinance (BO).  Simple submissions are those that do not involve voluminous documents, customized programme or large size professional drawings; for example, printout paper of size not larger than A3 or electronic file of size not exceeding 10 MB.

Exemptions

4.             Before a suitable infrastructure is established in BD to receive and handle all submissions in electronic format, submissions that involve voluminous documents, attachment of original supporting documents, or large size professional drawings are exempted from the operation of the ETO for the time being. Although exemption under ETO has been granted, certain specified forms such as Form BA21 can be accepted in electronic format as long as the submission complies with the Format, Manner and Procedure given in paragraphs 5 to 7 below. Templates for acceptable specific forms are available for download.

5.             With the exception of those submissions under the exempted provisions, electronic submissions under other provisions of the BO (i.e. simple submissions referred to in paragraph 3 above) can be sent through electronic mail to BD's e-Counter at receipt@bd.gov.hk. Unless otherwise specified, email sent to receipt@bd.gov.hk will be considered to be sent to the BD's designated information system for the purpose of receiving electronic records, as mentioned in section 19(2) of the ETO. The identity of the person making an electronic submission has to be authenticated by a digital certificate issued by the Postmaster General or other certification authorities recognized by the Government Chief Information Officer under the ETO.  Detailed information on such e-certificate and its application procedures are available at the web site of Hongkong Post www.hongkongpost.gov.hk.

6.             The Permanent Secretary for Commerce and Economic Development (Communications and Technology) has published in the gazette the format, manner and procedure for the acceptance of electronic information by virtue of the ETO. The current Gazette Notice in force is G.N. 8137 dated 18 December 2009, URL is http://www.gld.gov.hk/cgi-bin/gld/egazette/index.cgi. Failure to observe the gazetted format, manner and procedure will invalidate the submission.

7.             To facilitate understanding on the stipulated format, manner and procedure, an explanatory note for layman is provided.  The templates for specified forms (in Adobe Portable Document Format (PDF)) under the BO are available for download.

8.             BD will keep in view the development of an electronic submission system (ESS) to handle all types of electronic submissions. The exemptions granted under the ETO will be rescinded when the ESS is fully established.

Exemptions of the Buildings Ordinance From Operation of the Electronic Transactions Ordinance

1. Provisions Excluded From Application of Section 5 of the Electronic Transactions Ordinance

a.1	Buildings Ordinance		Sections 8B(1), 8C(2), 8D(2), 17(1)(Column B), 19(1), and (4), 20(2), 21(2), 25(1) and 42(2)
a.2	Building (Administration) Regulations		Regulations 6(1), 11, 18(1), 18A, 23(1A) and (2), 29(1), 31(1), 33(1), 38 and 47
a.3	Building (Planning) Regulations		Regulations 51(1), 53(1) and 64(1) and (2)
a.4	Building (Private Streets and Access Roads) Regulations		Regulation 28
a.5	Building (Standards of Sanitary Fitments, Plumbing, Drainage Works and Latrines) Regulations		Regulations 62(1) and 73(1)
a.6	Building (Oil Storage Installations) Regulations		Regulations 6(1) and 10(2)

2. Provisions Excluded From Application of Section 6 of the Electronic Transactions Ordinance

b.1

Building (Administration) Regulations

Regulations 12(1), (2), (3),and (5), 18(2), 20(1), 25(2), (3) and (4), 26(2) and 28

 

Format, Manner and Procedure for the Acceptance of Electronic Information by virtue of the Electronic Transactions Ordinance -- Explanatory Note for Layman

            For submission to the Building Authority (BA) made under the BO (Chapter 123) and its subsidiary legislation, the electronic records are only acceptable when they are sent as attachments in a digitally signed email and are in the manner and format as follows:

1. electronic records of specified forms shall be in PDF with the digital signatures properly applied onto the specified locations of the specified forms; and

2. other electronic records shall either be:
   
   

   1. in PDF, and each separated page of the documents shall not be larger than A3 size, and each document shall be associated with a digital signature; or

   2. in Tag Image File Format (TIFF) or in Joint Photographic Experts Group (JPEG), the respective lengths of the two adjacent sides of the image of each document in a resolution of 200 dpi shall not be greater than 3300 pixels x 2340 pixels, and 24-bit colour depth for document in colour, and each document shall be associated with a digital signature.

            For submission of forms specified by the BA under section 22(4) of the BO (Chapter 123), the electronic records of the forms involved shall follow the PDF Format only. 

Templates for Specified Forms

To read the following Adobe Portable Document Format (PDF) files, it requires to use the Adobe® Acrobat® Reader software which can be downloaded free of charge here.

E-Form

            For submission of the following form, the Electronic Government Forms (in the form of a software) can be used to generate electronic records and to make digital signatures. 

Last revision date : 4 January 2012