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

23. Initiating transmission of multiple commercial electronic messages with intent to deceive or mislead recipients as to source of messages
(1) A person who knowingly initiates the transmission of multiple commercial electronic messages that have a Hong Kong link from a telecommunications device, service or network without authorization, with the intent to deceive or mislead recipients as to the source of such messages, commits an offence and is liable on conviction on indictment to a fine and to imprisonment for 10 years.
(2) For the purposes of subsection (1), a person initiates the transmission of a commercial electronic message from a telecommunications device, service or network without authorization if—
(a) he initiates the transmission of the message from that telecommunications device, service or network by any means or in any manner;
(b) he is not entitled to initiate that transmission; and
(c) he has not been authorized to initiate that transmission by any person who is entitled to authorize him to initiate the transmission.

24. Falsifying header information in multiple commercial electronic messages
(1) A person who—
(a) materially falsifies header information in multiple commercial electronic messages that have a Hong Kong link; and
(b) knowingly initiates the transmission of such messages from a telecommunications device, service or network,

commits an offence and is liable on conviction on indictment to a fine and to imprisonment for 10 years.
(2) For the purposes of subsection (1) but subject to subsection (3), a person materially falsifies header information in a commercial electronic message if he falsifies, alters, conceals, deletes or withholds any information in such manner as to impair the ability of the recipient of the message, a telecommunications service provider processing the message or any other person to identify, locate or respond to the person who initiated the transmission of the message.
(3) For the purposes of subsection (1) and in relation to the sending of a commercial electronic message from an electronic address that is a telephone number or facsimile number (the sending number

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

25. Registering for electronic addresses or domain names using information that falsifies identity of actual registrant
(1) A person who—
(a) registers, using information that materially falsifies the identity of the actual registrant, for 5 or more electronic addresses or 2 or more domain names; and
(b) knowingly initiates the transmission of multiple commercial electronic messages that have a Hong Kong link from any of such electronic addresses or domain names or from any combination of such electronic addresses or domain names,

commits an offence and is liable on conviction on indictment to a fine and to imprisonment for 10 years.
(2) For the purposes of subsection (1), a person uses information that materially falsifies the identity of the actual registrant if he falsifies, alters, conceals, deletes or withholds any information in such manner as to—
(a) impair the ability of the relevant authority responsible for allocating or assigning the electronic address or approving its allocation or assignment or the relevant domain name authority, as the case may be, to identify or locate the actual registrant; or
(b) impair the ability of the recipient of any commercial electronic message transmitted from the electronic address or domain name, a telecommunications service provider processing the message or any other person to identify, locate or respond to the person who initiated the transmission of the message.
(3) In this section, register (登記、註冊) means—
(a) in relation to an electronic address—
(i) to register with an authority responsible for allocating or assigning the electronic address or approving its allocation or assignment; or
(ii) to procure the allocation or assignment of the electronic address, or the approval of its allocation or assignment, by such an authority; and
(b) in relation to a domain name, to register the domain name with, or to procure its allocation or assignment by, any domain name authority.

26. False representations regarding registrant or successor in interest to registrant of electronic address or domain name
(1) A person who—
(a) falsely represents himself to be the registrant or the legitimate successor in interest to the registrant of 5 or more electronic addresses or 2 or more domain names; and
(b) knowingly initiates the transmission of multiple commercial electronic messages that have a Hong Kong link from any of such electronic addresses or domain names or from any combination of such electronic addresses or domain names,

commits an offence and is liable on conviction on indictment to a fine and to imprisonment for 10 years.
(2) In this section, registrant (登記人、註冊人) means a person who registers for an electronic address or domain name within the meaning assigned by section 25(3) (registering for electronic addresses or domain names using information that falsifies identity of actual registrant

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

27. Interpretation of Part 5
In this Part—
approved code of practice (認可實務守則) has the meaning assigned to it by section 29(8) (Authority may approve codes of practice

28. Authority may appoint authorized officers
The Authority may authorize in writing any public officer to perform any of the functions conferred or imposed on authorized officers by this Part as are specified in the authorization.

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

30. Use of approved codes of practice in legal proceedings
(1) A failure on the part of any person to observe any provision of an approved code of practice shall not of itself render that person liable to legal proceedings.
(2) However, if, in any legal proceedings, the court is satisfied that a provision of an approved code of practice is relevant to determining a matter that is in issue in the proceedings—
(a) the code of practice is admissible in evidence in the proceedings; and
(b) proof that the person contravened or did not contravene a relevant provision of the code of practice may be relied on by any party to the proceedings as tending to establish or negate that matter.
(3) In any legal proceedings, a code of practice that appears to a court to be the subject of a notice under section 29(3) (Authority may approve codes of practice

31. Authority may establish do-not-call registers
(1) The Authority may establish and keep one or more registers of electronic addresses for the purposes of this Ordinance, each of which is to be known as a do-not-call register, and may do all things necessary for, or incidental or conducive to, the establishment, operation and administration of such registers.
(2) The purposes of a do-not-call register are—
(a) to provide registered users of electronic addresses with a convenient means by which they may notify senders of commercial electronic messages that they do not wish to receive such messages at those electronic addresses; and
(b) to provide senders of commercial electronic messages with a convenient means by which they may ascertain whether a registered user of an electronic address does not wish to receive unsolicited commercial electronic messages at that electronic address.
(3) Without limiting the generality of subsection (1), the Authority may establish and keep separate do-not-call registers for different kinds of electronic addresses.
(4) Without limiting the generality of subsection (1), a do-not-call register may be kept in such form as the Authority considers appropriate including—
(a) in a documentary form; or
(b) in a form other than a documentary form.
(5) If a do-not-call register is kept in a form other than a documentary form, then the information contained in it must be capable of being reproduced in a legible form.
(6) A document purporting to be—
(a) a copy of an entry in or extract of a do-not-call register; and
(b) certified by the Authority or an authorized officer as a true copy of the entry or extract referred to in paragraph (a),

shall be admissible as evidence of its contents in any legal proceedings.
(7) A certificate purporting to be signed by the Authority or an authorized officer and stating that an electronic address was or was not listed in a do-not-call register at a date specified in the certificate shall be admissible as evidence of its contents in any legal proceedings.