Cap. 638B 《法院程序(電子科技)(裁判法院)規則》Court Proceedings (Electronic Technology) (Magistrates’ Court) Rules

生效中

版本日期: 2025-12-01

Cap. 638A

Cap. 638C

Court Proceedings (Electronic Technology) (Magistrates’ Court) Rules

(Cap. 638, section 26)

(Enacting provision omitted—E.R. 1 of 2023)

[21 December 2022] L.N. 191 of 2022

Part 1 — Preliminary

1.

(Omitted as spent—E.R. 1 of 2023)

2. Interpretation

In these Rules—

administrative instructions (行政指示) means instructions issued under section 33(1) of the Ordinance; closure time (暫停辦公時間), in relation to a court office, means—(a)any time on a weekday (other than a Saturday) during which the office is normally closed to the public;(b)any time on a Saturday or general holiday; (L.N. 187 of 2022)(c)any time during which the office is closed to the public for—(i)a gale warning as defined by section 2 of the Judicial Proceedings (Adjournment During Gale Warnings) Ordinance (Cap. 62); or(ii)a black rainstorm warning as defined by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1); or (L.N. 187 of 2022)(d)any time during which the office is directed by the Chief Justice or the Chief Magistrate to be closed to the public; (L.N. 187 of 2022) Court (法院) means the Magistrates’ Court, a magistrate or a court office; court office (法院辦事處) means a registry, or an office, of the Magistrates’ Court; direction of the Court (法院指示) means a direction given by the Magistrates’ Court or a magistrate; e-practice direction (電子實務指示) has the meaning given by section 9 of the Ordinance; magistrate (裁判官) has the meaning given by section 2 of the MO; Magistrates’ Court (裁判法院) includes a juvenile court within the meaning of section 3A of the Juvenile Offenders Ordinance (Cap. 226); MO (《裁判官條例》) means the Magistrates Ordinance (Cap. 227); Organization User account holder (機構用户帳户持有人), in relation to a registered user, means an individual who, under any administrative instructions, may send (either in the individual’s own name or in the individual’s capacity as an officer in the registered user) a document to the Court by means of an e-system using the same account as the registered user; registered user (註冊用户) means a person who is registered as a user of an e-system under any administrative instructions; written law (成文法律) has the meaning given by section 9 of the Ordinance.

Part 2 — Authorization for Use of e-system and Application

3. Authorization for use of e-system

The use of an e-system is authorized for all proceedings to which these Rules apply.

4. Application

(1)

These Rules apply to a proceeding in the Court—

(a)

specified in subrule (2); and

(b)

for which the use of electronic technology has been implemented under an implementation notice.

(2)

The proceeding is a proceeding—

(a)

in relation to which a notice of prosecution is or is to be filed under section 7D(1) of the MO;

(b)

in relation to which a summons is or is to be issued under section 8(1) of the MO;

(c)

in relation to which a notice to appear is or is to be served under section 8A(1) of the MO; or

(d)

in relation to which a penalty notice is issued under an Ordinance specified in Schedule 1.

(3)

However, the proceeding must be in relation to—

(a)

a contravention the proceedings in respect of which are or are to be initiated by a person specified in subrule (4); or

(b)

an offence the prosecution of which is or is to be initiated by a person specified in subrule (4).

(4)

The person is—

(a)

the Secretary for Justice; or

(b)

a complainant or informant who—

(i)

is acting or deemed to act on behalf of the Secretary for Justice to initiate the proceedings or prosecution; or

(ii)

is authorized by an Ordinance (other than the MO) to initiate the proceedings or prosecution.

(5)

Unless otherwise ordered by the Court, these Rules cease to apply to a proceeding under subrule (1) if the Court makes an order that the proceeding be heard, or otherwise dealt with, together with any other proceeding to which these Rules do not apply.

(6)

In subrule (2)(d)—

penalty notice (罰款通知書), in relation to a contravention or an offence specified in an Ordinance, means a notice in which the person to whom the notice is sent is offered an opportunity to discharge the person’s liability in respect of the contravention or offence by paying a fixed penalty imposed under the Ordinance.

Part 3 — Documents Sent to Court by Means of e-system

5. Who may send documents to Court by means of e-system

Only a registered user or an Organization User account holder may send a document to the Court by means of an e-system.

6. Receiving time of documents sent to Court by means of e-system

(1)

This rule applies to a document sent to the Court by means of an e-system.

(2)

When the document is given system confirmation, the document is taken to have been received by the Court at the time it was given initial receipt.

(3)

However, if the time at which the document is given initial receipt is a time specified in subrule (4) (specified time), the document is taken to have been received by the Court at whichever is the earlier of the following times—

(a)

the time when the relevant registry is next normally open to the public;

(b)

the time when the relevant registry is next open for the relevant proceeding.

(4)

The specified time—

(a)

is a closure time of the relevant registry; and

(b)

is not a time during which the relevant registry is open for the relevant proceeding.

(5)

In this rule—

initial receipt (初步收據), in relation to a document sent under this rule, means the acknowledgement by the e-system of the initial receipt of the whole document immediately before system confirmation; relevant proceeding (有關法律程序), in relation to a document sent under this rule, means the proceeding to which the document relates; relevant registry (有關登記處), in relation to a relevant proceeding, means the registry of the magistrate’s court in which the proceeding is initiated; system confirmation (系統確認), in relation to a document sent under this rule, means confirmation by the e-system of the acceptance of the document.

7. Sending electronic copies to Court

(1)

This rule applies if—

(a)

a provision of written law or a direction of the Court requires a document to be conveyed by producing it to the Court as a paper document (requirement); or

(b)

a provision of written law or a direction of the Court permits a document to be conveyed by producing it to the Court as a paper document (permission).

(2)

Despite the requirement, a copy of the document may be sent to the Court in electronic form by means of an e-system if the document is a document specified in subrule (4).

(3)

Without limiting the permission, a copy of the document may be sent to the Court in electronic form by means of an e-system if the document is a document specified in subrule (4).

(4)

The document is—

(a)

a document specified in Schedule 2; or

(b)

any other document that falls within a type or description of documents specified in e-practice directions for the purposes of this rule.

Part 4 — Conversion of Form of Documents by Court

8. Court may convert document from one form into another

(1)

If a document is sent by or to the Court in paper form, the Court may convert the document into electronic form for one or more of the purposes specified in subrule (3).

(2)

If a document is sent by or to the Court in electronic form, the Court may convert the document into paper form for one or more of the purposes specified in subrule (3).

(3)

The purposes are—

(a)

compiling a case file for the proceeding to which the document relates;

(b)

transferring the proceeding to which the document relates between 2 relevant courts;

(c)

providing a copy of the document under section 35A of the MO;

(d)

any other purpose the Court considers appropriate.

(4)

In this rule—

relevant court (有關法院) means a court as defined by section 2 of the Ordinance; send (送交), in relation to a document, means file, lodge, give, notify, serve, deliver, submit, furnish or any other expression that signifies or suggests conveying the document.

Part 5 — Electronic Service of Documents

9. Interpretation of Part 5

In this Part—

designated system (指定系統) means the information system (other than an e-system) designated by a receiving person; receiving person (接收人), in relation to a document, means the person on whom the document is to be served; serving person (送達人), in relation to a document, means the person who is to serve the document.

10. Application of Part 5

(1)

This Part applies if a provision of written law or a direction of the Court requires or permits a document to be served on or by a person by personal service or by post (whether registered or not).

(2)

However, this Part does not apply to the service of a document if—

(a)

a provision of written law or a direction of the Court specifies in relation to the document personal service or delivery by hand as the only mode of service; or

(b)

the document falls within a type or description of documents excluded by e-practice directions from the application of this Part.

(3)

This Part applies in relation to a document served on or by a person whether the provision of written law or direction of the Court—

(a)

uses “serve”, “send”, “give”, “deliver”, “furnish” (including grammatical variations and cognate expressions) or any other expression that signifies service; or

(b)

otherwise suggests the service of a document by a person on another person.

11. Sending documents by electronic transmission

For the purposes of this Part, a document is sent by electronic transmission if it is sent in the form of an electronic record to an information system.

12. Electronic service of documents

If the condition specified in rule 13(1) is satisfied, a document may be served by a serving person on a receiving person by sending the document to a designated system by electronic transmission.

13. Consent to acceptance of service by electronic transmission

(1)

For the purposes of rule 12, the condition is that the receiving person has given a notice—

(a)

notifying the serving person that the receiving person consents to accept service of the document by electronic transmission; and

(b)

notifying the serving person of the designated system for receiving the document.

(2)

The notice may be given in any way the receiving person considers appropriate, except orally.

(3)

The consent takes effect at the time when the receiving person gives the notice.

(4)

If the notice is given by post (whether registered or not), the notice is taken to have been given on the day of posting the notice.

14. Withdrawal of consent to acceptance of service by electronic transmission

(1)

The receiving person of a document may file and serve on the serving person of the document a notice to withdraw the consent to the acceptance of service by electronic transmission.

(2)

The notice must be in the form specified in e-practice directions.

15. Change of designated system for receiving documents

(1)

The receiving person of a document may file and serve on the serving person of the document a notice to change the designated system.

(2)

The notice must be in the form specified in e-practice directions.

16. Service of notice under rule 14(1) or 15(1)

A notice specified in rule 14(1) or 15(1) may be served by the receiving person of a document on the serving person of the document—

(a)

in any way the document may be served under a provision of written law or a direction of the Court; or

(b)

if the serving person has notified the receiving person that the serving person consents to accept service by electronic transmission—by sending the notice to the information system designated by the serving person by electronic transmission.

17. When electronic service is effected

(1)

If a document is served under rule 12 or 16(b), the document is, unless the contrary is shown, taken to have been served on the business day following the day on which the document is sent by electronic transmission.

(2)

In subrule (1)—

business day (工作天) means a day other than a general holiday.

Part 6 — Electronic Authentication of Documents

Division 1 — Interpretation

18. Interpretation of Part 6

In this Part—

digital signature (數碼簽署) means a digital signature within the meaning of section 2(1) of the ETO that satisfies the requirements specified in rule 26; electronic signature (電子簽署) has the meaning given by section 2(1) of the ETO; ETO (《電子交易條例》) means the Electronic Transactions Ordinance (Cap. 553); ordinary electronic signature (一般電子簽署) means an electronic signature that complies with the conditions specified in rule 25; scanned electronic signature (經掃瞄電子簽署) means an electronic signature that complies with the conditions specified in rule 24; signer (簽署人) means a person referred to in rule 20(a).

Division 2 — Authentication of Documents Sent by Court

19. Authentication of documents sent by Court

(1)

Subrule (2) applies to a document that—

(a)

is required or permitted to be signed or certified by a person specified in subrule (3) under a provision of written law or a direction of the Court; and

(b)

is in electronic form.

(2)

The document must be authenticated—

(a)

by the signature of the person in the form of—

(i)

a scanned electronic signature;

(ii)

an ordinary electronic signature; or

(iii)

a digital signature; or

(b)

in any other way prescribed by e-practice directions.

(3)

The person is—

(a)

a magistrate; or

(b)

any other officer of the Court.

(4)

Subrule (5) applies to a document that—

(a)

is required or permitted to be sealed by the Court under a provision of written law or a direction of the Court; and

(b)

is in electronic form.

(5)

The document must be sealed in a way prescribed by e-practice directions.

Division 3 — Authentication of Documents Sent to Court by Means of e-system

20. Application of Division 3

This Division applies to a document that—

(a)

is required or permitted to be signed by a person under a provision of written law or a direction of the Court; and

(b)

is sent to the Court by means of an e-system.

21. Authentication of affidavits etc. sent to Court

(1)

This rule applies if the document is—

(a)

an affidavit; or

(b)

any other document made on oath and filed in support of an application.

(2)

The document must be authenticated—

(a)

by the signature of the signer in the form of a scanned electronic signature; or

(b)

in any other way prescribed by e-practice directions.

22. Authentication of other documents sent to Court

(1)

A document that is not a document specified in rule 21(1) must be authenticated—

(a)

by the signature of the signer in the form of—

(i)

a scanned electronic signature;

(ii)

an ordinary electronic signature; or

(iii)

a digital signature; or

(b)

in any other way prescribed by e-practice directions.

(2)

Without limiting subrule (1), if the signer of the document is the submitter of the document, the document may be authenticated—

(a)

if the submitter is a registered user—by inputting the signer’s name at a place where the signature of the signer would otherwise appear on the document; and

(b)

if the submitter is an Organization User account holder—by inputting the signer’s name and, if applicable, the post title with the registered user concerned, at a place where the signature of the signer would otherwise appear on the document.

(3)

In subrule (2)—

submitter (呈交人), in relation to a document, means a registered user or an Organization User account holder, who sends the document to the Court by means of an e-system.

Division 4 — Authentication of Documents Served on or by Parties in Electronic Form

23. Authentication of documents served on or by parties

(1)

This rule applies to a document that—

(a)

is served in electronic form by a serving person on a receiving person;

(b)

is required or permitted to be signed by the serving person under a provision of written law or a direction of the Court; and

(c)

is not sent to the Court.

(2)

The document may be authenticated—

(a)

by the signature of the serving person in the form of—

(i)

a scanned electronic signature;

(ii)

an ordinary electronic signature; or

(iii)

a digital signature; or

(b)

in any other way agreed by the serving person and receiving person.

(3)

In this rule—

receiving person (接收人), in relation to a document, means the person on whom the document is to be served; serving person (送達人), in relation to a document, means the person who is to serve the document.

Division 5 — Conditions and Requirements for Using Electronic Signature and Digital Signature

24. Conditions for using scanned electronic signature

The conditions specified for the purposes of the definition of scanned electronic signature are that—

(a)

the signer manually signs the original paper document; and

(b)

a true and complete electronic image of the original paper document containing the signature of the signer is created in the form of an electronic record.

25. Conditions for using ordinary electronic signature

The conditions specified for the purposes of the definition of ordinary electronic signature are that—

(a)

the document is in the form of an electronic record;

(b)

the signer uses a method to attach the electronic signature to the electronic record or to logically associate that signature with the electronic record for the purposes of—

(i)

identifying the signer as the person who signed the document; and

(ii)

indicating that the information contained in the document is authenticated or approved by the signer; and

(c)

having regard to all the relevant circumstances, the method is reliable, and is appropriate, for the purpose for which the information contained in the document is communicated.

26. Requirements for using digital signature

(1)

The requirements specified for the purposes of the definition of digital signature are that—

(a)

the digital signature is supported by a recognized certificate;

(b)

the digital signature is generated within the validity of the certificate; and

(c)

the digital signature is used in accordance with the terms of that certificate.

(2)

In this rule—

certification authority (核證機關) has the meaning given by section 2(1) of the ETO; recognized certificate (認可證書) has the meaning given by section 2(1) of the ETO; recognized certification authority (認可核證機關) has the meaning given by section 2(1) of the ETO; within the validity of the certificate (在該證書的有效期內) means that at the time the digital signature is generated—(a)the certificate that supports it has not been revoked or suspended by the certification authority that issued the certificate;(b)the recognition of the certificate has not been revoked or suspended by the Commissioner for Digital Policy; (L.N. 101 of 2024)(c)if it is a certificate designated as a recognized certificate issued by the recognized certification authority referred to in section 34 of the ETO—the designation has not been withdrawn by the certification authority;(d)if the Commissioner for Digital Policy has specified a period of validity for the recognition of the certificate—the certificate is within that period; and (L.N. 101 of 2024)(e)if the recognized certification authority has specified a period of validity for the certificate—the certificate is within that period.

Part 7 — Electronic Payments

27. Electronic payment of fees, fines, etc.

(1)

This rule applies to a payment that is made by means of an e-system for a purpose specified in the administrative instructions for the purposes of this rule.

(2)

The payment is taken to have been received by the Court at the time when the payment transaction is completed (completion time).

(3)

However, if the completion time is a time specified in subrule (4) (specified time), the payment is taken to have been received by the Court at whichever is the earlier of the following times—

(a)

the time when the relevant accounts office is next normally open to the public;

(b)

the time when the relevant accounts office is next open for the relevant proceeding.

(4)

The specified time—

(a)

is a closure time of the relevant accounts office; and

(b)

is not a time during which the relevant accounts office is open for the relevant proceeding.

(5)

In this rule—

relevant accounts office (有關會計部), in relation to a relevant proceeding, means the accounts office of the magistrate’s court in which the proceeding is initiated; relevant proceeding (有關法律程序), in relation to a payment made under this rule, means the proceeding to which the payment relates.

Schedule 1 — Ordinances under which Penalty Notices are Issued

[r. 4]

1.

Buildings Ordinance (Cap. 123)

1A.

Wild Animals Protection Ordinance (Cap. 170) (11 of 2024 s. 21)

2.

Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237)

3.

Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240)

4.

Housing (Traffic Contraventions) (Fixed Penalty) Bylaw (Cap. 283 sub. leg. C)

5.

Mass Transit Railway (Transport Interchange) Bylaw (Cap. 556 sub. leg. D)

6.

Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570)

6A.

Prevention and Control of Disease (Requirements and Directions) (Business and Premises) Regulation (Cap. 599 sub. leg. F) (L.N. 187 of 2022)

6B.

Prevention and Control of Disease (Prohibition on Gathering) Regulation (Cap. 599 sub. leg. G) (L.N. 187 of 2022)

6C.

Prevention and Control of Disease (Wearing of Mask) Regulation (Cap. 599 sub. leg. I) (L.N. 187 of 2022)

6D.

Prevention and Control of Disease (Compulsory Testing for Certain Persons) Regulation (Cap. 599 sub. leg. J) (L.N. 187 of 2022)

6E.

Prevention and Control of Disease (Vaccine Pass) Regulation (Cap. 599 sub. leg. L) (L.N. 187 of 2022)

7.

Fixed Penalty (Smoking Offences) Ordinance (Cap. 600)

8.

Product Eco-responsibility Ordinance (Cap. 603)

9.

Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611)

10.

Electronic Health System Ordinance (Cap. 625) (36 of 2025 s. 59)

Schedule 2 — Documents that may be Sent to Court by Means of e-system instead of Producing Them as Paper Documents

[r. 7]

1.

A document specified in section 5 or 6 of Schedule 7 to the Buildings Ordinance (Cap. 123) that is produced for an application under section 3 of that Schedule

1A.

A document specified in section 10(3)(a), (b) or (c) of Schedule 9 to the Wild Animals Protection Ordinance (Cap. 170) that is produced for an application under section 10(2) of that Schedule (11 of 2024 s. 22)

2.

A document specified in section 19(a) or (b) of the Fixed Penalty (Traffic Contraventions) Ordinance (Cap. 237) that is produced for an application under section 16(2) of that Ordinance

3.

A document specified in section 7(1)(a) or (b) of the Fixed Penalty (Criminal Proceedings) Ordinance (Cap. 240) that is produced for an application under section 3A(1) of that Ordinance

4.

A document specified in section 15(a) or (b) of the Housing (Traffic Contraventions) (Fixed Penalty) Bylaw (Cap. 283 sub. leg. C) that is produced for an application under section 11(2) of that Bylaw

5.

A document specified in section 46(a) or (b) of the Mass Transit Railway (Transport Interchange) Bylaw (Cap. 556 sub. leg. D) that is produced for an application under section 42(2) of that Bylaw

6.

A document specified in section 9(1)(a) or (b) of the Fixed Penalty (Public Cleanliness and Obstruction) Ordinance (Cap. 570) that is produced for an application under section 8(1) of that Ordinance

7.

A document specified in section 9(1)(a) or (b) of the Fixed Penalty (Smoking Offences) Ordinance (Cap. 600) that is produced for an application under section 8(1) of that Ordinance

8.

A document specified in section 28G(5)(a), (b) or (c) of the Product Eco-responsibility Ordinance (Cap. 603) that is produced for an application under section 28G(2) of that Ordinance

9.

A document specified in section 13(3)(a), (b) or (c) of the Motor Vehicle Idling (Fixed Penalty) Ordinance (Cap. 611) that is produced for an application under section 13(2) of that Ordinance

10.

A certificate under section 5 of Schedule 4 to the Electronic Health System Ordinance (Cap. 625) that is produced for an application under section 4(2) of that Schedule (36 of 2025 s. 60)