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In just a few short years, the global business community
has embraced e-commerce - doing business online. It
is, however, still early days, and for e-commerce to
achieve its potential, the terms under which transactions
are conducted must become uniform and universal - and
that means the development of an internationally accepted
regulatory framework.
One basic problem is establishing a foolproof method
of validating documents and transactions - or, to put
it another way, finding a cyberspace replacement for
the hand-written signature. The leading candidate for
this job is the "electronic signature", a
unique electronic code that achieves two critical goals:
it both identifies and authenticates the signatory,
and indicates that person's approval of the information
in the message.
As electronic signatures gain legal acceptance, online
documents will gain the same legality as their "hard-copy"
counterparts, but a number of issues remain unresolved.
The problems associated with electronic signatures are
perhaps best understood in the context of the most common
electronic transfer of information: e-mail. Verifying
the true origin, receipt and completeness of an e-mail
is notoriously difficult, which is why your daily exchange
of e-mail bears little legal validity.
Ultimately, electronic-signature legislation must accomplish
two things: the removal of major barriers to e-commerce
and the predictability and trust required for online
business. This is particularly relevant to Hong Kong
- one of the world's great trading centres - and to
China, the world's largest exporter of goods and fast
becoming one of its largest importers. How quickly,
and in what form, a framework is evolved to enable routine
e-commerce in these trading centres will bear directly
on their future direction and competitiveness.
Hong Kong has long established its readiness for e-commerce,
particularly in the form of electronic document exchange,
electronic-data services and Internet financial transactions,
but it remains largely limited to local activities.
Surprisingly, Mainland adoption of e-commerce has been
more forward-looking. While online techniques and procedures
are still limited, and paper-cluttered offices and a
ponderous bureaucracy still predominate, Mainland authorities,
led by Guangdong province, are making strides in creating
an internationally accepted foundation for e-commerce
- led by recognition of electronic signatures.
Already, some Mainland electronic-signature legislation
leads that of Hong Kong. For example, Certificates of
Authorisation (CAs) - one type of electronic signature
- receive compulsory recognition in Guangdong; in Hong
Kong that recognition is only voluntary. Furthermore
the Hong Kong government recognizes only the more restrictive
"digital signatures", as opposed to the more
open electronic signatures.
Without the legal infrastructure for international
e-commerce, including compulsory recognition of CAs,
it's unlikely that locally based Internet purchasing
- especially using Hong Kong CAs - will grow significantly.
Cyber exchange will have to rely on CAs from elsewhere,
leaving Hong Kong trailing the rest of the world.
At a recent Hong Kong General Chamber of Commerce seminar
on IT in Hong Kong and Guangdong, Stephen Mak, Hong
Kong's Deputy Director of Information Technology Services,
defended current legislation. "The government's
Electronic Transactions Ordinance does support electronic
signatures in general," he said. "The key
is that in dealings with government¡K [only] digital
signatures are recognized. This is for international
security¡K when citizens deal with government
and vice versa, they want certainty in terms of the
ability to trace transactions and to avoid repudiation."
Hong Kong did not compel recognition of CAs, he said,
because many private companies had their own certificates.
Forcing them all to go public would be counterproductive,
and voluntary recognition had proved to be successful.
Mr Mak said the Immigration Department issued between
8,000 and 10,000 ID cards every day, many with a digital
certificate that could boost e-business. Observers,
however, doubted this would have much effect, pointing
to the business community's reluctance to embrace e-commerce
despite Hong Kong's widepsread Internet connectivity.
By comparison, Guangdong, and a host of SAR competitors
including Taiwan, South Korea, Singapore and Malaysia,
are moving ahead rapidly. And while Guangdong legislation
remains limited to the province, it is China's leading
legal framework and could easily become the national
standard.
The significance of this, as Guangdong seeks to establish
itself as a great trading hub to rival the Yangtze basin,
can't be underestimated. The aspirations of southern
China are high, and the massive commitment to achieving
their goals is very obvious. Already coming into place
is a highly-sophisticated transportation infrastructure
that includes great highways reaching into the more
remote areas of the province; a network of giant bridges
linking the major commercial centres of the Pearl River
estuary; huge, technically-advanced airports; and several
of the biggest and best container terminals in the world.
For Guangdong province to be right at the international
forefront with its e-commerce infra-structure will undoubtedly
get this whole network working at maximum speed and
efficiency, and may see the province leapfrog its northern
rivals in the very near future.
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