Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/12

PART 2
Rules about Sending Commercial Electronic Messages

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”) to send an unsubscribe request to the individual or organization who authorized the sending of the message; or

(ii) a statement to similar effect;

(b) the statement is presented in a clear and conspicuous manner;

(c) the statement complies with such conditions as are specified in the regulations, if any;

(d) the unsubscribe facility complies with such conditions as are specified in the regulations, if any;