UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE
“register” (登記), in relation to an electronic mail address, means—
- (a) to register with an authority responsible for allocating or assigning the electronic mail address or approving its allocation or assignment; or
- (b) to be allocated or assigned the electronic mail address with the approval of such an authority;
“scripts” (手稿程式) means a list of instructions or commands to an information system.
20. Relay or retransmission of multiple commercial electronic messages
(1) No person shall use a telecommunications device, service or network to relay or retransmit multiple commercial electronic messages that have a Hong Kong link, with the intent to deceive or mislead recipients, or any telecommunications service provider, as to the source of such messages.
(2) A person who contravenes subsection (1) commits an offence and is liable—
- (a) on summary conviction, to a fine at level 6 and to imprisonment for 2 years; or
- (b) on conviction on indictment, to a fine of $1,000,000 and to imprisonment for 5 years.
PART 4
Fraud and Other Illicit Activities Related to Transmission of Commercial Electronic Messages
21. Interpretation of Part 4
(1) In this Part—
“initiate” (啟動), in relation to a commercial electronic message, means—
- (a) to originate or send such a message;
- (b) to procure the origination or sending of such a message; or
- (c) to attempt to originate or send, or procure the origination or sending of, such a message,
but does not include actions that constitute the routine conveyance of such a message;
“routine conveyance” (例行傳遞) means the transmission, routing, relaying, handling or storing, through an automatic technical process, of an electronic message in relation to which message another person has identified the recipient or provided the recipient’s electronic address.
