Clause 14

the sale, purchase or assignment of any HDB property;

the grant of a lease in respect of HDB property; and

the grant of a mortgage of or charge on HDB property, or the redemption or discharge thereof; “cybersecurity” means the state in which a computer or computer system is protected from unauthorised access or attack, and where because of that state —

the computer or computer system continues to be available and operational;

the integrity of the computer or computer system is maintained; and

the integrity and confidentiality of information stored in, processed by or transmitted through the computer or computer system is maintained;“cybersecurity incident” means an act or activity carried out without lawful authority on or through a computer or computer system that jeopardises or adversely affects its cybersecurity or the cybersecurity of another computer or computer system;“electronic”, “electronic record”, “record”, “secure electronic signature”, “signed” and “signature” have the meanings given by section 2(1) of the Electronic Transactions Act 2010;“electronic instrument” means an instrument in electronic form;“HDB property” means any flat, house or other building, or any part thereof, which has been or is to be acquired from the Board, whether directly or indirectly;“malfunction”, in relation to the electronic transaction system, includes any defect or breakdown in that system or in any equipment, software or telecommunication networks used in or in connection with that system.Electronic transaction system94B.—

The Board may establish an electronic transaction system —

to enable a person to create an electronic instrument with a view to carrying out a conveyancing transaction;

to enable a person to carry out a conveyancing transaction using one or more electronic instruments;

to facilitate a person’s payment of conveyancing money to another person;

to enable a person to access a service provided by the Board or a third party service provider, in relation to the carrying out of a conveyancing transaction;

to enable a person to apply for a mortgage loan in relation to the carrying out of a conveyancing transaction;

to enable a person to serve (with the intended recipient’s consent) any document or notice in relation to a conveyancing transaction;

to enable a person to be served (with the person’s consent) any document or notice in relation to a conveyancing transaction;

to enable the Board to process and approve or reject applications and requests in relation to a conveyancing transaction carried out (or to be carried out) using the electronic transaction system; and

to enable the Board to carry out any of the Board’s functions, or to provide any other service falling within those functions.(2) Where any conveyancing transaction can be carried out using the electronic transaction system, the Board may refuse to process the transaction if —

the conveyancing transaction is not carried out in accordance with the prescribed requirements for the use of the electronic transaction system mentioned in subsection (3); or

the fee payable for the use of the electronic transaction system to process the conveyancing transaction (if prescribed by rules made under section 94F) has not been paid.(3) Subject to this Part, the Minister may prescribe requirements for the use of the electronic transaction system, which may include —

conditions of access to, and use of, the electronic transaction system;

security and authentication requirements for access to, and use of, the electronic transaction system;

retention and production of documents supporting or authenticating transactions;

modes of payment for transactions; and

requirements for the purpose of preventing money laundering, terrorism financing and the financing of proliferation of weapons of mass destruction.(4) The Board must retain the records in accordance with section 9 of the Electronic Transactions Act 2010, for a prescribed period, of all conveyancing transactions that are carried out using the electronic transaction system.(5) Any agent who is authorised by the agent’s principal may take any step on behalf of the principal (including to accept service of any document or notice) in relation to a conveyancing transaction through the electronic transaction system.(6) In subsection (1)(d), “third party service provider” means a person (other than the Board) which provides a service, whether on a commercial basis or not, which relates to the carrying out of a conveyancing transaction.Evidence of transaction on electronic transaction system94C.—

Despite any other written law or rule of law —

a copy of the whole or any part of any original document or instrument that is certified by the Board to be a true copy of the whole or the relevant part of the original document or instrument is in any proceedings admissible in evidence as of equal validity with the original document or instrument; and

any document prepared by the Board that —

consists of information reproduced or extracted from any original document or instrument; and

contains a statement by the Board that the information is a true reproduction or extract of the original document or instrument,is, unless evidence to the contrary is adduced, admissible in evidence in place of and to the same extent as the original document or instrument.(2) In this section, “original document or instrument” means a document or instrument created, edited, uploaded or used by a person in relation to —

a conveyancing transaction carried out (or to be carried out) using the electronic transaction system; or

an application or a request made (or to be made) using the electronic transaction system in relation to a conveyancing transaction mentioned in paragraph (a).Electronic transaction system — errors and omissions arising from malfunction or cybersecurity incident94D.—

Subject to subsection (8), despite any other written law or rule of law, the Board may correct any error or omission in the records of the electronic transaction system pertaining to a conveyancing transaction, if —

the error or omission has occurred or arisen as a result of any malfunction of the electronic transaction system or any cybersecurity incident affecting the electronic transaction system; and

after being given written notice under subsection (2) of the correction which the Board intends to make and a reasonable opportunity to make representations to the Board, either —

all the parties to the conveyancing transaction agree to the intended correction; or

none of the parties to the conveyancing transaction satisfies the Board that the correction is inaccurate.(2) Before the Board corrects any error or omission in the records of the electronic transaction system pertaining to a conveyancing transaction (called in this section the relevant conveyancing transaction), the Board must give all the parties to the relevant conveyancing transaction written notice of —

the correction which the Board intends to make under subsection (1); and

the date on which the Board intends to make the correction.(3) The date mentioned in subsection (2)(b) must not be earlier than 14 days after the date of the written notice mentioned in subsection (2).(4) Any party to the relevant conveyancing transaction may, at any time before the date mentioned in subsection (2)(b) —

notify the Board that the party agrees to the intended correction; or

make representations to the Board relating to the accuracy of the Board’s intended correction mentioned in subsection (2)(a).(5) Upon the receipt of any representations made under subsection (4), the Board may seek clarification from any party to the relevant conveyancing transaction with regard to anything mentioned in the representations which relates to the accuracy of the Board’s intended correction.(6) The Board must consider any representations made under subsection (4), together with any clarification obtained by the Board under subsection (5), and —

if the Board is satisfied that the Board’s intended correction mentioned in subsection (2)(a) is inaccurate — give the parties to the relevant conveyancing transaction —

a written notice that the Board is so satisfied and will not make the correction which the Board earlier intended to make; or

a written notice that the Board is so satisfied and will make a different correction on a specified date unless the parties satisfy the Board that this different correction is inaccurate; or

if the Board is not satisfied that the Board’s intended correction mentioned in subsection (2)(a) is inaccurate — proceed to make the correction under subsection (1).(7) Where the Board gives a written notice mentioned in subsection (6)(a)(ii), subsections (2) to (6) apply, with the necessary modifications, to the proposed different correction.(8) Despite any other written law or rule of law, the Board may correct any error or omission in the records of the electronic transaction system pertaining to any decision made or any document issued by the Board in relation to a conveyancing transaction, if the error or omission has occurred or arisen as a result of any malfunction of the electronic transaction system or any cybersecurity incident affecting the electronic transaction system.(9) The Board must maintain a record of every correction made under subsection (1) or (8).(10) When any error or omission has been corrected under subsection (1) or (8), the error or omission is deemed not to have occurred.Electronic transaction system — protection of Board, etc., from liability94E. The Board, or any person acting under the direction of the Board, is not liable for any loss or damage suffered by any person —

by reason of any error, omission, delay or disruption caused in relation to any transaction, application or request processed, being processed, or intended to be processed by the electronic transaction system if —

the error, omission, delay or disruption had occurred or arisen as a result of any malfunction of the electronic transaction system or any cybersecurity incident affecting the electronic transaction system; and

the malfunction of the electronic transaction system or cybersecurity incident affecting the electronic transaction system had occurred despite the Board having acted in good faith and with reasonable care to prevent such malfunction or cybersecurity incident from occurring; or

by reason of, or arising in the course of, the person’s use of the electronic transaction system if —

the person used the electronic transaction system in a manner which does not meet the prescribed requirements mentioned in section 94B(3); and

the Board had acted in good faith and with reasonable care in relation to the person’s use of the electronic transaction system mentioned in sub‑paragraph (i) at all relevant times.Power to make rules94F.—

The Minister may make any rules that are necessary or expedient for carrying out the purposes of this Part.(2) Without limiting subsection (1), the Minister may make rules for or in respect of all or any of the following matters:

prescribing the procedure for the use of the electronic transaction system, including the procedure where there is a malfunction of the electronic transaction system or where there is a cybersecurity incident affecting the electronic transaction system;

prescribing the minimum period for which the Board must keep a record of a conveyancing transaction that was carried out using the electronic transaction system;

prescribing any fees payable for the purposes of this Part, and the manner in which such fees are to be paid;

prescribing what constitutes conveyancing money;

prescribing anything which may be prescribed under this Part;

prescribing such supplementary and incidental provisions that appear to the Minister to be appropriate for carrying out the purposes of this Part.”.