Are eSignatures Legally Binding in Hong Kong?

Electronic signatures are legal in Hong Kong and they are recognised by the Electronic Signature Ordinance (ETO). The ETO establishes a legal framework for the use of electronic records, signatures, and contracts, providing them with the same legal status as paper versions. Therefore, e-signatures and records are admissible as evidence in Hong Kong courts and generally won’t hold any less legal weight simply because they are in an electronic format.

Documents that can be signed electronically

Document transactions with non-government entities can legally use electronic signatures under the ETO as long as:

It is attached to or associated with the relevant electronic record to identify the signer and indicate their intent to sign and approve the document content
The method used to attach the signature is reliable and suitable and
The document and signature recipient consents to the use of the e-signature method

When completing transactions with government entities a digital signature can only be used if it is supported by a recognised digital certificate, generated within the validity of the digital certificate, and adheres to the terms of the certificate.

Documents that may not be electronically signed

The ETO outlines specific categories for documents that cannot be signed electronically, these include:

Powers of attorney
Trusts
Wills
Government conditions of grant and government leases
Oaths and affidavits
Warrants issued by a court of magistrate
Statutory declarations
Negotiable instruments
Proceedings before various courts and tribunals

Types of e-signature permitted in Hong Kong

In Hong Kong, an electronic signature is defined as letters, characters, numbers, or other symbols in digital form attached or associated with an electronic record and used to authenticate or approve the electronic record. A digital signature refers to a specific type of e-signature that is created by transforming the electronic record using an asymmetric cryptosystem.

Where a signature is required the e-signature must be attached or logically associated with the electronic record and be executed or adopted to authenticate or approve the electronic record.

Notable legality changes since 2020

None.

Publicly Accessible Links to Laws/Regulations Discussed

Electronic Transactions Ordinance (Cap 55s of the Laws of Hong Kong) (2000)

Disclaimer

The content provided on this website is meant for general informational use only and does not constitute legal advice. Legal regulations on this topic can evolve rapidly, so E-Sign does not ensure that the information presented here is always up-to-date or accurate. If you have particular legal concerns regarding any details on this site, it is recommended that you consult with a licensed attorney in your jurisdiction.

Last Updated 9th October 2024

The Legality of eSignatures in Hong Kong

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