### Unsolicited Electronic Messages Ordinance 《非應邀電子訊息條例》

45. Immunity of Authority, authorized officers, etc.
(1) No person to whom this subsection applies, acting in good faith, shall be personally liable for any civil liability or claim whatever in respect of any act done or default made in the performance or purported performance of any function under this Ordinance.
(2) The persons to whom subsection (1) applies are—
(a) the Authority;
(b) any authorized officer; and
(c) any police officer or other public officer assisting the Authority or authorized officer in the performance or purported performance of any function under this Ordinance.

46. Interpretation of Part 6
In this Part—
appeal (上訴) means an appeal under section 48 (appeals to Appeal Board

47. Appeal Board established
(1) A board to be known as the “Unsolicited Electronic Messages (Enforcement Notices) Appeal Board” is established.
(2) The Chief Executive shall appoint a legally qualified person to be the Chairman of the Appeal Board and such other legally qualified persons as he thinks fit to be Deputy Chairmen of the Appeal Board.
(3) The Chief Executive shall appoint a panel of persons, not being public officers, whom he considers suitable for selection under section 49(1)(b) (composition of Appeal Board for purposes of appeal

48. Appeals to Appeal Board
(1) A person on whom an enforcement notice is served under section 38 (Authority may issue enforcement notice

49. Composition of Appeal Board for purposes of appeal
(1) For the purposes of an appeal, the Appeal Board shall consist of—
(a) a presiding officer, who shall preside at the hearing of the appeal; and
(b) 2 panel members selected by the presiding officer.
(2) Subject to subsections (3), (4) and (5), the Chairman or, if the Chairman so determines, a Deputy Chairman selected by the Chairman shall act as presiding officer.
(3) The Chairman shall not act as presiding officer if he has a direct or indirect interest in the appeal.
(4) The Chairman shall not select a Deputy Chairman to act as presiding officer if the Deputy Chairman has a direct or indirect interest in the appeal.
(5) In the event that the Chairman and each Deputy Chairman has a direct or indirect interest in an appeal, the Chief Executive may select a panel member who is legally qualified and who does not have a direct or indirect interest in the appeal to act as presiding officer.
(6) The presiding officer shall not select a panel member to hear an appeal if the panel member has a direct or indirect interest in the appeal.
(7) If the term of appointment of the presiding officer or a panel member selected under subsection (1)(b) expires during the hearing of an appeal, the presiding officer or panel member may continue to hear the appeal until the appeal is determined.

### Unsolicited Electronic Messages Ordinance 《非應邀電子訊息條例》

50. Procedure on appeal
(1) In the hearing of an appeal, every question before the Appeal Board shall be determined by the opinion of the majority of the members hearing the appeal except a question of law which shall be determined by the presiding officer, and in the case of an equality of votes the presiding officer shall have a casting vote.
(2) A party to an appeal shall be entitled to be heard—
(a) where the party is an individual, either in person or through a counsel or solicitor; or
(b) where the party is an organization, either through a counsel or solicitor or through—
(i) in the case of a Hong Kong company or other company or body corporate, any of its directors or other officers;
(ii) in the case of a partnership, any of its partners; and
(iii) in the case of any other organization, any of its officers.
(3) The Appeal Board may, if it sees fit, permit a party to an appeal to submit written representations to the Appeal Board in lieu of the party appearing at a sitting of the Appeal Board either in person or through a counsel or solicitor or a director, officer or partner referred to in subsection (2).
(4) Every sitting of the Appeal Board shall be held in public unless the Appeal Board considers that in the interests of justice a sitting or part of a sitting should not be held in public, in which case it may hold the sitting or part of the sitting in private.
(5) After hearing an appeal, the Appeal Board shall determine the appeal by upholding, varying or setting aside the enforcement notice and may make such consequential orders as it considers necessary.
(6) The Appeal Board shall notify in writing the parties to the appeal of its decision and the reasons for the decision.

51. Powers of Appeal Board
(1) Subject to section 52 (privilege against disclosure

52. Privilege against disclosure
For the purposes of an appeal, the appellant, the Authority and any other person summoned under section 51(1)(b) (powers of Appeal Board

53. Case may be stated for Court of Appeal
(1) The Appeal Board may refer any question of law arising in an appeal to the Court of Appeal for determination by way of case stated.
(2) On the hearing of the case, the Court of Appeal may—
(a) determine the question stated; or
(b) remit the case to the Appeal Board, in whole or in part, for reconsideration in the light of the Court’s determination.
(3) Where a case is stated under subsection (1), the Appeal Board shall not determine the relevant appeal before the Court of Appeal determines the relevant point of law.

### Unsolicited Electronic Messages Ordinance 《非應邀電子訊息條例》

54. Offences relating to appeals
(1) In relation to an appeal, a person who, without reasonable excuse, refuses or fails—
(a) to attend and give evidence when required to do so by the Appeal Board;
(b) to answer truthfully and completely questions put to him by the Appeal Board; or
(c) to produce any document that he is required by the Appeal Board to produce,

commits an offence and is liable on summary conviction to a fine at level 3 and to imprisonment for 6 months.
(2) A person who publishes or otherwise discloses any material in contravention of—
(a) an order under section 51(1)(g) (powers of Appeal Board

55. Privileges and immunities of Appeal Board members and witnesses
(1) The Chairman, a Deputy Chairman and a panel member have, in the performance of their functions under this Part, the same privileges and immunities as a judge of the Court of First Instance in civil proceedings in that Court.
(2) A witness before the Appeal Board shall be entitled to the same privileges and immunities as if he were a witness in civil proceedings in the Court of First Instance.

56. Rules
The Secretary may make rules—
(a) to provide for the lodging of appeals; and
(b) generally for regulating the practice and procedure of the Appeal Board.

57. Claims for loss or damage
(1) A person who suffers loss or damage by reason of a contravention of any provision of this Ordinance (the claimant

58. Offences relating to misuse of information
(1) No person to whom an unsubscribe request is sent under section 9 (commercial electronic messages must contain unsubscribe facility

59. Liability of principals, agents, employers and employees
(1) Any act done or conduct engaged in by a person in the course of his employment (the employee

60. Liability of directors, partners, etc.
(1) Where an organization has done any act or engaged in any conduct constituting an offence under this Ordinance, the following person shall, unless there is evidence showing that he did not authorize the act to be done or the conduct to be engaged in, be presumed also to have done the act or to have engaged in the conduct—
(a) in the case of a Hong Kong company or other company or body corporate (the company

61. Transactions relating to contravention not void or voidable
A transaction is not void or voidable by reason only that a contravention of any of the provisions of this Ordinance has taken place in relation to or as a result of the transaction.