Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/13

(e) if the unsubscribe facility is a telephone number or facsimile number, it is a number allocated or assigned by the Authority;

(f) the unsubscribe facility is reasonably likely to be capable of receiving the recipient’s unsubscribe request, if any, at all times during a period of at least 30 days after the message is sent; and

(g) the unsubscribe request may be sent by the recipient free of any charge to the recipient for the use of the unsubscribe facility.

(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.

(3) A person to whom an unsubscribe request is sent under this section shall ensure that a record of the request is retained in the format in which it was originally received, or in a format that can be demonstrated to represent accurately the information originally received, for at least 3 years after its receipt.

(4) In this section, “unsubscribe request” (取消接收要求), in relation to a commercial electronic message the sending of which is authorized by an individual or organization, means—

(a) a message to the effect that the registered user of the electronic address to which the message is sent does not wish to receive, at that electronic address, any further commercial electronic messages from or authorized by that individual or organization; or

(b) a message to similar effect.

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).

(2) The individual or organization shall, within 10 working days from the day on which the unsubscribe request is sent—

(a) cease sending any further commercial electronic messages to the electronic address in respect of which the unsubscribe request was sent; and

(b) cease authorizing the sending of any further commercial electronic messages to that electronic address.