- (d) if the person is a body corporate, the fact that the person is in liquidation, is the subject of a winding-up order or there is a receiver appointed in relation to it or it has entered into a composition or a scheme of arrangement or a voluntary arrangement within the meaning of the Bankruptcy Ordinance (Cap. 6) within the 5 years preceding the date of the application.
(6) In recognizing a certification authority under subsection (1), the Director may—
- (a) attach conditions to the recognition; or
- (b) specify a period of validity for the recognition.
22. Director may recognize certificates
(1) The Director may recognize certificates issued by a recognized certification authority as recognized certificates, upon application by that authority.
(2) An applicant under subsection (1) must make the application in the prescribed manner and in a form specified by the Director and furnish to the Director the relevant particulars and documents specified under section 30.
(3) A recognition under subsection (1) may relate to—
- (a) all certificates issued by the recognized certification authority;
- (b) certificates of a type, class or description; or
- (c) particular certificates.
(4) An applicant must pay the prescribed fee (if any) in respect of an application under subsection (1) unless the Director waives it in whole or in part.
(5) In recognizing certificates under this section, the Director shall in addition to any other matter the Director considers relevant take into account the following—
- (a) whether the certificates are issued in accordance with the certification practice statement;
- (b) whether the certificates are issued in accordance with the code of practice;
- (c) the reliance limit set or proposed to be set for that type, class or description or the particular certificate, as the case may require; and
- (d) the arrangements put in place or proposed to be put in place by the certification authority to cover any liability that may arise from the issue of that type, class or description or the particular certificate, as the case may be.
(6) The Director may refuse an application under subsection (1).
(7) The Director must give reasons in writing to the applicant for refusing an application under subsection (6).
