Page:Court Proceedings (Electronic Technology) Ordinance (Cap. 638).pdf/20

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Court Proceedings (Electronic Technology) Ordinance

Part 5—Division 4
Ord. No. 20 of 2020
Section 17
A1709

(b) for subsection (1)(b)—the document may be served in electronic form if—
(i) it is served in accordance with any applicable e-rules and e-practice directions; and
(ii) at the relevant time it was reasonable to expect that the information in the document in electronic form would be accessible so as to be usable for subsequent reference.

(3) To avoid doubt, this section does not apply in relation to a provision of written law or a direction of a court that requires or permits a document served by or on a court to be in writing.

Division 4—Electronic Authentication of Documents

Subdivision 1—Authentication of Documents Originating from Courts

17. Authentication of documents created, issued or sent by courts

(1) This section applies in relation to a document created, issued or sent by a court that a provision of written law or a direction of a court—

(a) requires to be signed, sealed or certified; or
(b) permits to be signed, sealed or certified.

(2) If the document is created, issued or sent by an e-Court in electronic form by means of an e-system in relation to an e-proceeding—

(a) for subsection (1)(a)—the requirement is met if the document is authenticated in accordance with any applicable e-rules and e-practice directions; and