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

32. Powers of Authority in relation to do-not-call registers
(1) Without limiting the generality of section 31(1) (Authority may establish do-not-call registers

33. Access to do-not-call registers
(1) Subject to subsection (2), the Authority shall, having regard to the purposes described in section 31(2) (Authority may establish do-not-call registers

34. Authority may issue directions to telecommunications service providers
(1) Subject to subsections (2) and (3), the Authority may, by notice in writing served on a telecommunications service provider, issue directions to the telecommunications service provider requiring it to—
(a) take such action as the Authority considers necessary for the purpose of assisting the Authority to determine whether to commence an investigation into a contravention or suspected contravention of a provision of this Ordinance;
(b) take such action as the Authority considers necessary for the purpose of assisting or enabling the Authority to investigate a contravention or suspected contravention of a provision of this Ordinance; or
(c) provide information to the Authority for the purpose of assisting or enabling the Authority to establish, operate or administer a do-not-call register,

and the telecommunications service provider shall give effect to such directions before a date specified in the notice, being a date reasonable in all the circumstances of the case.
(2) No directions shall be issued to a telecommunications service provider under subsection (1) in relation to a matter for which the Authority may serve a notice on the telecommunications service provider under section 36 (Authority may obtain information or documents relevant to investigation

35. Authority may impose financial penalties
(1) The Authority may, by notice in writing served on a telecommunications service provider, require the telecommunications service provider to pay to the Government the financial penalty specified in the notice in any case where it fails to comply with any direction issued in respect of the telecommunications service provider under section 34 (Authority may issue directions to telecommunications service providers

36. Authority may obtain information or documents relevant to investigation
(1) If the Authority is satisfied that there are reasonable grounds for believing that a person is, or is likely to be, in possession of information (including but not limited to passwords) or a document that is relevant to the Authority’s investigation of a contravention or suspected contravention of a provision of this Ordinance, the Authority may serve a notice in writing on the person, accompanied by a copy of this section in Chinese and English—
(a) requesting the person to—
(i) give the information in writing to the Authority; or
(ii) produce the document to the Authority,
as the case requires, before a date (the relevant date

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

37. Disclosure of information and documents given or produced under section 36
(1) The Authority shall not disclose any information or document given or produced to it under section 36 (Authority may obtain information or documents relevant to investigation

38. Authority may issue enforcement notice
(1) Where the Authority is of the opinion that any person—
(a) is contravening any provision of Part 2 (rules about sending commercial electronic messages

39. Offence relating to enforcement notices
(1) A person who contravenes an enforcement notice served on him under section 38 (Authority may issue enforcement notice

40. Powers of entry, search, arrest, etc.
(1) The Authority or an authorized officer may—
(a) without warrant, arrest any person whom the Authority or authorized officer reasonably suspects of having committed a specified offence; and
(b) where a warrant has been issued under section 41(1) (power of magistrate to issue search warrant

41. Power of magistrate to issue search warrant
(1) Where a magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or is likely to be, in or on any premises or place any telecommunications device or other thing that is or that contains, or that is likely to be or to contain, evidence of the commission of a specified offence, the magistrate may issue a warrant authorizing the Authority or an authorized officer to enter and search the premises or place.
(2) Where the Authority or an authorized officer enters any premises or place under a warrant issued under subsection (1), the Authority or authorized officer shall, on request, produce the warrant and evidence of identity for inspection by any person found in or on the premises or place. (Amended 17 of 2011 s. 28)

42. Obstruction of Authority, authorized officers, etc.
(1) Without prejudice to any other Ordinance, a person who—
(a) wilfully obstructs the Authority or an authorized officer in the performance of any functions of the Authority or authorized officer under section 40 (powers of entry, search, arrest, etc.

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

43. Recovery of costs and expenses of investigation by Authority
(1) Where a person is convicted by a court of a specified offence on a prosecution instituted as a result of an investigation by the Authority, the court may order the person to pay to the Authority the whole or a part of the costs and expenses of that investigation.
(2) Any costs and expenses awarded to the Authority by an order made under this section shall constitute a debt due to the Authority from the person ordered to pay them and are recoverable as a civil debt.
(3) For the avoidance of doubt, this section is without prejudice to any power conferred on the court under the Costs in Criminal Cases Ordinance (Cap. 492).
(4) In this section, costs and expenses (費用及開支), in relation to an investigation, means staff costs and expenses and the financing of liabilities paid out of the Office of the Communications Authority Trading Fund in respect of that investigation. (Amended 17 of 2011 s. 28)

44. Service of notices for purposes of sections 34, 35, 36 and 38
(1) A specified notice may be served on a person—
(a) where the person is an individual, by delivering it to the person by hand; or 
(b) by leaving it, or sending it by ordinary post or registered post to the person, at the person’s usual or last known place of abode or business. (Replaced 18 of 2014 s. 51)
(1A) In the absence of evidence to the contrary, the notice is presumed to have been served—
(a) if the notice is left at the person’s usual or last known place of abode or business, when it is so left; or 
(b) if the notice is sent by ordinary post or registered post, on the second day after the day on which it is so sent. (Added 18 of 2014 s. 51)
(2) For the purposes of this section, a company within the meaning assigned by section 2(1) of the Companies Ordinance (Cap. 622) is deemed to have its usual place of business at its registered office in Hong Kong, and any other organization is deemed to have a usual place of business at its principal office or any other place at which it carries on business. (Amended 28 of 2012 ss. 912 & 920)
(3) In this section, specified notice (指明通知) means a notice under—
(a) section 34 (Authority may issue directions to telecommunications service providers