Are electronic signatures legal in Hong Kong?

What does section 6 of the Ordinance require?

Hong Kong's rules depend on who is signing and who is receiving. For private parties, section 6(1) says an electronic signature satisfies a rule of law requiring a signature if three conditions are met:

• The signer uses a method to attach the signature to, or logically associate it with, the electronic record, to identify themselves and show their authentication or approval of the information
• Having regard to all the relevant circumstances, the method is reliable and appropriate for the purpose
• The person to whom the signature is to be given consents to that method

Digital signatures and recognised certificates

Where either party is, or acts for, a government entity, section 6(1A) asks for more: a digital signature supported by a recognised certificate, generated within the certificate's validity, and used in line with its terms. Recognised certification authorities are overseen by the Commissioner for Digital Policy, and Hongkong Post is the best known.

So Hong Kong has two practical levels: an electronic signature for private dealings and a certificate-based digital signature for dealings with government. For a contract between two companies, the section 6(1) test is the one that matters, and consent is part of it, so record it.

What does Schedule 1 exclude?

Section 3 says sections 5, 5A, 6, 7, 8 and 17 do not apply to the matters in Schedule 1 unless the relevant law expressly says otherwise. The list is longer than in most places, and item 4 catches a lot of everyday paperwork, because leases and agreements for the sale of property are stampable instruments under the Stamp Duty Ordinance.

• Wills, codicils and other testamentary documents
• Trusts, other than resulting, implied or constructive trusts
• Powers of attorney
• Instruments that must be stamped or endorsed under the Stamp Duty Ordinance (Cap. 117), other than certain contract notes
• Government conditions of grant and Government leases
• Deeds, conveyances and other instruments registrable under the Land Registration Ordinance (Cap. 128)
• Assignments, mortgages, legal charges and other contracts disposing of immovable property or an interest in it
• Documents effecting a floating charge under section 2A of the Land Registration Ordinance
• Oaths and affidavits
• Statutory declarations
• Judgments and court orders
• Warrants issued by a court or magistrate
• Negotiable instruments, except cheques bearing the words 'not negotiable'

Evidence to keep

Because section 6(1) turns on reliability and consent, your records should show both. Schedule 2 also excludes certain court proceedings from the Ordinance's rules, so documents for use in litigation follow the court's own rules.

• The signed PDF, sealed so later changes show
• Each signer's consent to sign electronically
• How each signer was identified and when
• IP address and device data

Where Sign PDF fits

Sign PDF is built for the private-party test in section 6(1). Each signer agrees to sign electronically (consent), confirms a code sent to their email (identification), and signs in the browser. The certificate of completion records name, email, IP address, approximate location, device and UTC times, with a SHA-256 fingerprint and a hash-chained audit trail, sealed with an independent DigiCert timestamp.

We do not issue recognised certificates, so Sign PDF is not suitable where section 6(1A) applies to dealings with a government entity. Nor is it suitable for anything on Schedule 1, which rules out tenancy agreements, property sale agreements and powers of attorney. It suits NDAs, employment contracts, service agreements, purchase orders and board resolutions. This page is general information, not legal advice; a Hong Kong solicitor can confirm whether a document is stampable or otherwise excluded.