10 March 2026
Mr. Algernon Yau, JP Secretary for Commerce and Economic Development Commerce and Economic Development Bureau Office of the Secretary for Commerce and Economic Development 22/F, West Wing, Central Government Offices 2 Tim Mei Avenue, Tamar Hong Kong
Dear Algernon,
Re: Industry Consultation on the Proposed Legislative Amendments to
Facilitate Digitalisation of Business-to-Business Trade Documents
The Hong Kong General Chamber of Commerce welcomes the opportunity to express our members’ views on the captioned consultation.
We support the Government’s efforts to facilitate the digitalisation of Hong Kong’s trade documents. The digital transition of trade documents and processes will enhance certainty, efficiency, and transparency – factors that are increasingly critical in the evolving global trade environment and will reinforce Hong Kong’s status as an international trade centre.
We encourage the Government to expedite the legislative process and provide a clear timeframe to give clarity to the industry. In parallel, offering practical support to facilitate a smooth transition, will be important. This should include clear implementation guidance, technical assistance, and measures to help the industry, particularly SMEs, upgrade their systems and capabilities.
We hope you will find our comments useful for your deliberations, and we look forward to continuing to collaborate with the Government to support initiatives to advance Hong Kong’s trade digitalisation agenda.
Yours sincerely,
Patrick Yeung
CEO
Encl.
Industry Consultation on the Proposed Legislative Amendments to Facilitate Digitalisation of Business-to-Business Trade Documents
Submission by The Hong Kong General Chamber of Commerce
General Comments
The Hong Kong General Chamber of Commerce (“HKGCC”) welcomes the opportunity to respond to this consultation paper. We support the Government’s continuing efforts to facilitate digitalisation of trade documents. Strengthening Hong Kong’s position as an international trade centre, the digital transition of trade documents and processes will reduce transaction time and costs, enhance certainty and transparency, and thereby facilitate innovative business models.
We set out below our comments on the proposed legislative amendments to facilitate digitalisation of “Business-to-Business” (“B2B”) trade documents in Hong Kong.
Question 1: Do you agree to the non-exhaustive approach set out in paragraph 11 above? Are there any other types of B2B transferable trade documents that should be expressly defined in the new Part? Alternatively, are there any of such documents that are preferably conducted through physical means and should not be digitalised at this juncture, hence should be excluded from the application of the legislative proposal?
We agree with the proposed non‑exhaustive approach to defining the transferable documents or instruments to be covered by the proposed new Part under the Electronic Transactions Ordinance (Cap. 553) (“ETO”).
Provided that key B2B transferable trade documents used in the delivery of goods (such as bills of lading, warehouse receipts, and dock warrants) and those used in the payment of money (such as bills of exchange and promissory notes) are clearly covered, this approach will provide the necessary certainty for the industry to participate in the international trading environment. At the same time, a non‑exhaustive approach will retain sufficient flexibility to accommodate any other document or instrument that may in future acquire the status of a transferable document or instrument under the ETO.
At this stage, we do not identify any documents that should be excluded from the application of the proposed legislative amendments.
Question 2: As far as the general reliability standard is concerned, would you consider the abovementioned approach sufficient as a legal basis to facilitate the use of digitalised B2B transferable trade documents?
We support following the UK approach of relying on the factors set out in the UNCITRAL Model Law on Electronic Transferable Records (“MLETR”). This approach safeguards the legitimacy of electronic transferable records while providing flexibility for the industry in the use of digitised B2B transferable trade documents.
While the MLETR does not introduce a supervisory or accreditation regime, we suggest that the Government provide guidance or illustrative examples—such as a non‑exhaustive list of indicators covering data integrity, robust access controls, audit trails, and adherence to recognised industry standards. This would offer clearer benchmarks for compliance and support consistent market implementation.
Question 3: Would you consider the abovementioned approach modelling on the UK approach practicable? Would there be any B2B transferable trade documents that would be unable to perform such a function?
We support modelling the UK approach, which allows a person to demonstrate control over an electronic transferable record through a reliable method. We consider this approach to be practicable, as the majority of B2B transferable trade documents would be capable of performing such a function.
Question 4: Would there be any difficulties in enforcing the reproduction requirement for B2B transferable trade documents, such as bills of lading, bills of exchange and promissory notes?
We do not foresee significant difficulties in enforcing the reproduction requirement for key B2B transferable trade documents. However, we consider it necessary for the Government to define an appropriate transition period to allow the industry sufficient time to prepare for the shift towards paperless transactions.
Conclusion
We generally support the proposed legislative amendments to facilitate the digitalisation of B2B trade documents. In light of their importance for enabling trade through electronic means in an evolving global trading landscape, we urge the Government to expedite the legislative process for these amendments.
At the same time, we consider that allowing industry participants to adopt electronic forms in a manner that best suits their business operations will facilitate a market‑driven transition to digitalisation, while ensuring that this shift remains grounded in a clear and reliable legal framework. We also encourage the Government to give due consideration to other issues arising during the transition to paperless transactions, such as the validity period of electronic records and document retention requirements.
HKGCC Secretariat
March 2026
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