Cap. 6activeordinance

Bankruptcy Ordinance

破產條例

Full legislation

s.122B

Official Receiver may specify requirements relating to documents

(1)
The Official Receiver may, in relation to any document required or authorized to
                be sent to the Official Receiver under this
Ordinance—
(a)
specify requirements for the purpose of enabling the Official Receiver to
                    make copies or image records of the document and to keep records of the
                    information contained in it;
(b)
specify requirements as to the authentication of the document;
                    and
(c)
specify requirements as to the manner of sending the document.
(2)
For the purposes of subsection (1), the Official Receiver may specify different
                requirements for different documents or classes of documents, or for different
                circumstances.
(3)
For the purposes of subsection
(1
)(
b)
, the Official Receiver
may—
(a)
require the document to be authenticated by a particular person or a person
                    of a particular description; and
(b)
specify the means of authentication.
(4)
For the purposes of subsection
(1
)(
c)
, the Official Receiver
may—
(a)
require the document to be in hard copy form, in electronic form or in any
                    other form;
(b)
require the document to be sent by post or by any other means;
(c)
specify requirements as to the address to which the document is to be sent;
                    and
(d)
in the case of a document to be sent by electronic means—specify
                    requirements as to the hardware and software to be used and the technical
                    specifications.
(5)
This section does not empower the Official
Receiver—
(a)
to require a document to be sent to the Official Receiver only by
                    electronic means; or
(b)
to specify any requirement that is inconsistent with any requirement
                    prescribed by an Ordinance as
to—
(i)
the authentication of the document; and
(ii)
the manner of sending the document to the Official Receiver.
(6)
Requirements specified under this section are not subsidiary
                legislation.
(7)
For the purposes of this
section—
(a)
a document is sent by electronic means if it is sent in the form of an
                    electronic record to an information system; and
(b)
a reference to sending a document includes any other expression that
                    signifies conveying a document.
(8)
In this
section—
electronic record
(
電子紀錄
) means a record generated in digital form by an information system,
                which can be—
(a)
transmitted within an information system or from one information system
                        to another; and
(b)
stored in an information system or other medium;
in electronic form
(
電子形式
) means in the form of an electronic
                record;
information
(
資訊、資料
) includes data, text, images, sound codes, computer programmes,
                software and databases, and any combination of them;
information system
(
資訊系統
) means a system that—
(a)
processes information;
(b)
records information;
(c)
can be used to cause information to be recorded, stored or otherwise
                        processed in other information systems (wherever situated); and
(d)
can be used to retrieve information, whether the information is
                        recorded or stored in the system itself or in other information systems
                        (wherever situated);
in hard copy form
(
印本形式
) means in a paper form or similar form capable of being read.