@eLaw.com.hk 葉謝鄧律師行

Electronic Time Stamping

Hongkong Post is partnering with The Chinese University of Hong Kong on providing e-timestamping service for the Internet and e-commerce community. Electronic Time-Stamping (e-TS) is a secure online notary mechanism, which certifies that a set of data has existed and has not been altered since a specific point in time. It serves as a trusted third party witnessing the existence and particulars of electronic data.

Regardless of the format and the content, any electronic data can be timestamped. e-TS can be applied to online business transactions, e-mails, secure messaging, intellectual property protection and other time-sensitive services.

A FREE trial to create your own timestamping is available online now. You can visit in Hongkong Post website www.hongkongpost.gov.hk or click www.e-timestamping.com to have a free trial and get more details.

New Usage of e-Cert : Online securities trading at KGI

KGI, one of the largest equity and futures brokerages in Hong Kong, has adopted e-Cert in its online securities services. You can now enjoy a more secure online trading environment by using e-Cert to place orders, amend or cancel buy/sell order instructions, enquire order status, etc. With e-Cert, your online identity cannot be easily faked by others. In addition, confidential data such as password and financial information are well protected during online securities transactions.

It is easy to get started. Once you have successfully applied a KGI online securities trading account, you can register to use e-Cert to login at www.kgieworld.com. Just associate your HKID number to KGI online securities trading account to finish the registration.

By trading with e-Cert at KGI, you can enjoy the following privileged offers:

Free real time snapshot market data - EasyQuotes (Hong Kong) (100 quotes/month)

KGI's online futures clients can enjoy FREE real time quotes & Intelligent Market Strategies services.

Hongkong Post's new root certificateadmitted to Microsoft Root Certificate Program

Hongkong Post's new root certificate ("Hongkong Post Root CA 1") was admitted to the Microsoft Root Certificate Program

Starting from April 2004, Hongkong Post's new root certificate ("Hongkong Post Root CA 1") was admitted to the Microsoft Root Certificate Program, in addition to the old root certificate ("Hongkong Post Root CA") which had already been admitted in July 2003. The program aims at protecting Microsoft customers from security issues related to the use of public key infrastructure (PKI) certificates. This means that Internet Explorer and Outlook Express users of Windows XP and Windows 2003 will now trust certificates issued by Hongkong Post under the two root certificates.

Users on platforms before Windows XP can also pick up and install the two Hongkong Post root certificates to their operating systems when they perform the Windows Update at URL, http://windowsupdate.microsoft.com. Please note that Root Certificate Update is not a critical update and users need to explicitly click-open the optional Windows 98/ME/NT/2000 Update list to include the Root Certificate Update.

The admission of Hongkong Post to the Microsoft Root Certificate Program is a solid proof of the trustworthiness of the Hongkong Post CA System and e-Cert.

聯合國兒童基金會 www.unicef.org.hk
四川的災民正活於水深火熱之中，您的捐贈能為他們解決燃眉之急，請捐款支持。
[電話] 2833-6139
[捐款] 匯豐：567-354014-005  [捐款] 中銀：012-875-1-081085-5
-------------------------------------------------------------------------------------
救世軍 www.salvation.org.hk
四川大地震救災行動四川7.8級大地震，大量民房倒塌，無數平民被活埋，請即捐款協助災民渡過難關。
[電話] 2783-2333
[捐款] 匯豐 580-149649-001  [捐款] 中銀 012-878-1-061887-6
-------------------------------------------------------------------------------------
香港世界宣明會（四川地震救援） www.worldvision.org.hk
中國三十年來最嚴重地震，地震災民等待救援。請即網上捐款或查詢捐款詳情。
[電話] 2394-2394
[捐款] 匯豐：018-554444-001
[捐款] 中銀：012-883-0-002666-2

Curbing forgery of Hong Kong smart identity cards

It was reported that in a joint operation in early 2004, the police forces in Macao and Zhuhai uncovered a cross-boundary criminal syndicate specialized in forging documents, and among the articles seized were some high-quality forged Hong Kong smart identity cards.

The Hong Kong Government has been very concerned about and have attached great importance to cross-boundary criminal activities of forgery syndicates. Well-established communication mechanism is in place for the law enforcement agencies to maintain close liaison and exchange information with the relevant Mainland, Macao and overseas authorities as well as representatives of consulates in Hong Kong on issues of mutual concern, including cross-boundary criminal activities of forgery syndicates. As for the case concerned, original intelligence indicated that the target of operation would not involve any forged Hong Kong identity documents and, therefore, the law enforcement agencies were not invited to participate in the operation. However, upon learning about the case, the Immigration Department (ImmD) had liaised with the relevant Mainland and Macao enforcement agencies and obtained relevant information for appropriate follow-up actions.

As soon as forged Hong Kong smart identity cards were uncovered early 2004, ImmD has, in collaboration with the relevant Mainland enforcement agencies, been investigating the cases actively. The Government does not preclude that criminal syndicates are involved but further details cannot be disclosed while investigations are underway. However, there is no evidence to suggest that the alleged criminal syndicate was involved in cases of forged smart identity cards found in Hong Kong in the past.

Forged Hong Kong smart identity cards seized by the law enforcement agencies in early 2004 were of poor quality and defects could be spotted easily. As for the forged identity cards seized later, they are of better quality. Nevertheless, the forgers are unable to grasp the anti-forgery features which are unique to the smart identity cards, such as :

optical variable ink,

multiple laser image,

kineprint that enables images to change colours when viewed at different angles, and

high-quality laser engraved photograph on polycarbonate card body.

According to the Government, it is not difficult for the general public to differentiate between a genuine card and a fake one under careful scrutiny. To prevent the public and employers from being deceived, ImmD has strengthened publicity in this respect. Apart from producing posters and pamphlets for public reference, it has held talks for banks, property management companies, construction companies and law enforcement agencies. A hotline (2824 1551) has also been set up to facilitate enquires by the public and employers.

Internet and Email Scams

Sometime in 2004, the Hong Kong Police managed to get hold of a Nigerian who have succeeded in cheating a lawyer employed at a leading Hong Kong law firm. The scam is widely known at “Nigerian Scam”. The police commented that it is hardly believable that someone could have been cheated in that way.

The power of the Internet has made it all too easy for these scams to flourish. The perpetuators can send thousands of emails without cost and then wait for someone to response. Sometimes, you may even receive the same messages by different email accounts you use.

Those looking for big business or easy big money (often falsely claimed to be having millions of US dollars) are often tempted by these scams. The scam messages sounds that you can get big money easily. If you are really tempted to take part it will inevitably make you lost money.

These scams often reach your business email box unsolicited and pretend to be highly confidential and private. They are typically known as "Nigerian Scam" or “Lotto Scams”. The tactics are the same although the “stories” may be different.

The “Westpac Bank Scam” is extremely dangerous because it will extract your ebanking details by posing as the valid Westpac Internet Banking site. Recently, perpetrators has begun the same scam with the St George Bank. In Hong Kong, quite a number of faked bank sites were discovered by the Hong Kong Monetary Authority. All pretended to be sites licensed to practiced in Hong Kong.

The Lotto Scam

The Lotto Scam will send you an email announcing that you are the lucky winner of a lottery win, which could exceed 1 million US dollars, even though you have not participated before. The senders claim to be the lawful lottery companies and of course these claims are false and the emails are also false.

The following are instances pretending to be coming from the following lottery companies:

International UK Lotto.

Lottery La Primitiva from Madrid.

Lottery Winners International even involves Bill Gates!
I

nternational Lottery Netherlands.

Net Lottery International

Overseas Stakes Lotto International scam

If you respond, an application form will be sent to you for your filling. The blanks will seek information about your bank account or ask you to pay a sizable sum of money to cover security, insurance, or administration costs. When they have obtained your information and your money, you would no longer hear from them.

Foreign legislations on digital signatures

Examples of foreign legislation concerning the effect and validity of digital signatures includes:

United States:

Uniform Electronic Transactions Act (UETA)

Electronic Signatures in Global and National Commerce Act (E-SIGN), at 15 U.S.C. 7001 et seq.

England and Wales

Electronic Communications Act 2000

Decided cases

Despite the fact that Hong Kong has introduced the Electronic Transactions Ordinance in 2001, there has been no decided case relating to the validity and use of digital signatures.

There are limited number of court decisions in foreign countries talking about the effect and validity of digital signatures or their related legislation:

re Piranha, Inc., 2003 WL 21468504 (N.D. Tex) (UETA does not preclude a person from contesting that he executed, adopted, or authorized an electronic signature that is purportedly his).

Cloud Corp. v. Hasbro, 314 F.3d 289 (7th Cir., 2002)http://www.emlf.org/Resources/cloud.pdf (E-SIGN does not apply retroactively to contracts formed before it took effect in 2000. Nevertheless, the statute of frauds was satisfied by the text of E-mails plus an (apparently) written notation.)

Sea-Land Service, Inc. v. Lozen International, 285 F.3d 808 (9th Cir., 2002) http://www.admiraltylawguide.com/circt/9thsealandlozen.pdf (Internal corporate E-mail with signature block, forwarded to a third party by another employee, was admissible over hearsay objection as a party-admission, where the statement was apparently within the scope of the author's and forwarder's employment.)

US Truth in Domain Names Act

The US Truth in Domain Names Act, in combination with the PROTECT Act, forbids knowingly using a misleading domain name with the intent to attract people into viewing a visual depiction of sexually explicit conduct on the Internet.

Hong Kong does not have similar legislation. This is because posting sexually explicit photos on the Internet is an offence under the Control of Obscene Articles Ordinance. Posting amounts to 'publication' as defined in the Ordinance.

Hong Kong Digital Entertainment Association

Established in 1999, the Hong Kong Digital Entertainment Association (HKDEA) is a non-profit making trade body and is dedicated to the betterment of the local digital entertainment industry. The association is based at The Hong Kong Polytechnic University (PolyU) and was initially supported through a grant by the Innovation Technology Commission of the HKSAR. HKDEA's missions are:

To promote technology development within the digital entertainment industry in order to create internationally competitive products;

To explore and develop new markets;

To eliminate the negative images associated with playing video games;

To discourage software piracy;

To facilitate communication and interaction between industries associated with digital entertainment, including toys, entertainment and video games.

Formed in 1999, the HKDEA was created during a time when there are relatively few local video games developers. As an ever-expanding industry that is still in the infant age, we believe that there are lots of opportunities for new start-ups, as well as existing developers to expand. The HKDEA was thus established to provide a mechanism upon which local developers could cooperate to ensure industry-wide prosperity.

InternetSolicitor.com and Corporate Community Participation

InternetSolicitor.com was set up by Yip, Tse & Tang, Solicitors and launched in 1999. It is constituted by partners and solicitors of Yip, Tse & Tang, Solicitors.

Its objective is to serve the public and its clients through the Internet as an open and freely accessible international infrastructure. Yip, Tse & Tang was selected by the ITS Department, HKSAR Government as a Reference Case on use of e-commerce on professional services.

Yip, Tse & Tang was awarded the Caring Company Logo 2003/04 by the Hong Kong Council of Social Service in recognition of their effort in demonstrating good corporate citizenship and contributing to a caring community.

Photo: Representatives of Yip, Tse & Tang, Thomas Tse (partner) and Pierre Sun (Solicitor) receive the Caring Company Certification at the public ceremony.