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.

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 Digital Policy Office (DPO) www.digitalpolicy.gov.hk.

Submissions in Electronic Format

Buildings Department (BD) has set up the following information systems to receive electronic submissions under the Buildings Ordinance (BO).

Electronic Submission Hub (ESH) at ESH website https://esh.bd.gov.hk for receiving and processing of plan submissions;
e-Counter at receipt@bd.gov.hk for receiving submissions of size not exceeding 25 MB; and
Electronic Forms Submission System (EFSS) at BD website (www.bd.gov.hk) for receiving some specified forms.

Format, Manner and Procedure

Electronic submissions under other provisions of the BO (i.e. submissions referred to in paragraph 3 above) 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 Commissioner for Digital Policy under the ETO. Detailed information on such digital certificate and its application procedures are available via a quick link from BD website.

The format, manner and procedure for the acceptance of electronic information has been published in the gazette by virtue of the ETO. The current Gazette Notice in force are G.N. 6697 dated 29 October 2021 and G.N. 3076 dated 21 June 2022, URL are https://www.gld.gov.hk/egazette/pdf/20212543/egn202125436697.pdfand https://www.gld.gov.hk/egazette/pdf/20222625/egn202226253076.pdf. Failure to observe the gazetted format, manner and procedure will invalidate the submission.

While some specified forms may be submitted online via the EFSS, the templates for specified forms are available for download for submission as an attachment to an email, by hand or by post. Users are encouraged to type in the required information using a computer so that the information can be automatically stored in the two-dimensional barcode (i.e. QR code) on the form, for subsequent processing by BD.

Plan for the Future

BD launched the final stage, i.e. Stage 3 of the ESH on 30 June 2024 to accept all types of plan submissions and related applications, including general building plans and plans for alteration and addition works, under the Buildings Ordinance (Cap. 123). BD will continue to enhance and improve the system's capacity in light of users’ feedback to pave the way for mandating e-submissions of building plans in 2027.

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:

electronic records of specified forms shall be in PDF with the digital signatures properly applied onto the specified locations of the specified forms; and
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 × 2340 pixels, and 24-bit colour depth for document in colour, and each document shall be associated with a digital signature.

For the ordinance listed below, electronic records and any digital signatures associated with the electronic records, given or presented through the information systems designed by the Building Authority are acceptable.

Chapter 123 Buildings Ordinance and its subsidiary legislation

Additional Requirement in respect of the Buildings Ordinance

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.