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

3.  Meaning of Hong Kong link
(1) For the purposes of this Ordinance, a commercial electronic message has a Hong Kong link if, and only if—
(a) the message originates in Hong Kong;
(b) the individual or organization who sent the message or authorized the sending of the message is—
(i) an individual who is physically present in Hong Kong when the message is sent;
(ii) an organization (other than a Hong Kong company) that is carrying on business or activities in Hong Kong when the message is sent; or
(iii) a Hong Kong company;
(c) the telecommunications device that is used to access the message is located in Hong Kong;
(d) the registered user of the electronic address to which the message is sent is—
(i) an individual who is physically present in Hong Kong when the message is accessed; or
(ii) an organization that is carrying on business or activities in Hong Kong when the message is accessed; or
(e) the message is sent to an electronic address that is allocated or assigned by the Authority.
(2) For the purposes of subsection (1)(b), (c), (d) and (e), it is immaterial whether the commercial electronic message originates in Hong Kong or elsewhere.
(3) For the purposes of subsection (1)(b)(iii), it is immaterial whether the commercial electronic message is sent, or is authorized to be sent, from Hong Kong or elsewhere.

4. Meaning of send

5. Meaning of consent

6. Application
(1) This Ordinance binds the Government.
(2) Neither the Government nor any public officer in the officer’s capacity as such is liable to be prosecuted for an offence against this Ordinance.

7. Exemptions
(1) The matters specified in Schedule 1 are exempt from the application of this Ordinance to the extent and subject to the conditions, if any, specified in that Schedule.
(2) The Secretary may, by notice published in the Gazette, amend Schedule 1.

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

8. Commercial electronic messages must include accurate sender information
(1) A person shall not send a commercial electronic message that has a Hong Kong link unless—
(a) the message includes clear and accurate information identifying the individual or organization who authorized the sending of the message;
(b) the message includes clear and accurate information about how the recipient can readily contact that individual or organization;
(c) the message includes such information and complies with such conditions as is or are specified in the regulations, if any; and
(d) the information included in the message in compliance with this subsection is reasonably likely to be valid for at least 30 days after the message is sent.
(2) Subsection (1) does not apply if the person—
(a) sent the commercial electronic message by mistake; or
(b) did not know, and could not with reasonable diligence have ascertained, that the message had a Hong Kong link.

9. Commercial electronic messages must contain unsubscribe facility
(1) A person shall not send a commercial electronic message that has a Hong Kong link unless—
(a) the message includes—
(i) a statement to the effect that the recipient may use an electronic address or other electronic means specified in the message (the unsubscribe facility

10. Commercial electronic messages must not be sent after unsubscribe request is sent
(1) This section applies if a person sends an unsubscribe request to an individual or organization using the unsubscribe facility provided under section 9 (commercial electronic messages must contain unsubscribe facility

11. Commercial electronic messages must not be sent to electronic address listed in do-not-call register
(1) A person shall not send a commercial electronic message that has a Hong Kong link to an electronic address that, at the time the message is sent, is listed in a do-not-call register.
(2) Subsection (1) does not apply in relation to a commercial electronic message if, prior to or subsequent to the listing of the electronic address in the do-not-call register, and whether before or after the commencement of this section, the registered user of the electronic address has given his consent to the sending of the message.
(3) Subsection (1) does not apply if the electronic address has been listed in the do-not-call register for less than 10 working days at the time the commercial electronic message is sent.
(4) Subsection (1) does not apply if the person—
(a) sent the commercial electronic message by mistake; or
(b) did not know, and could not with reasonable diligence have ascertained, that the message had a Hong Kong link.

12. Commercial electronic mail messages must not use misleading subject headings
A person shall not send a commercial electronic mail message that has a Hong Kong link if the subject heading of the message, if any, would be likely to mislead the recipient about a material fact regarding the content or subject matter of the message.

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

13. Commercial electronic messages must not be sent with calling line identification information concealed
(1) A person who sends a commercial electronic message that has a Hong Kong link from an electronic address that is a telephone number or facsimile number (the sending number

14. Interpretation of Part 3
(1) In this Part—
address-harvesting software (地址收集軟件) means software that is specifically designed or marketed for use for—
(a) searching the Internet or a public telecommunications network for electronic addresses; and
(b) collecting, compiling, capturing or otherwise obtaining those electronic addresses;

harvested-address list (地址收集清單) means—
(a) a list of electronic addresses;
(b) a collection of electronic addresses; or
(c) a compilation of electronic addresses,

where the production of the list, collection or compilation is, to any extent, directly or indirectly attributable to the use of address-harvesting software.

(2) For the purposes of this Part, a person sends multiple commercial electronic messages if he sends more than 100 commercial electronic messages during a 24-hour period or more than 1 000 commercial electronic messages during a 30-day period.

15. Supply of address-harvesting software or harvested-address list
(1) No person shall supply or offer to supply—
(a) address-harvesting software;
(b) a right to use address-harvesting software;
(c) a harvested-address list; or
(d) a right to use a harvested-address list,

to another person (the customer

16. Acquisition of address-harvesting software or harvested-address list
(1) No person shall acquire—
(a) address-harvesting software;
(b) a right to use address-harvesting software;
(c) a harvested-address list; or
(d) a right to use a harvested-address list,

for use in connection with, or to facilitate, the sending of commercial electronic messages that have a Hong Kong link without the consent of the registered users of the electronic addresses to which they are sent.
(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine at level 6.
(3) A person who knowingly contravenes subsection (1) commits an offence and is liable on conviction on indictment to a fine of $1,000,000 and to imprisonment for 5 years.
(4) It is a defence to a charge for an offence under subsection (2) for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.