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(2) For the purposes of this Part, a person initiates the transmission of multiple commercial electronic messages from a telecommunications device, service or network if he initiates the transmission of more than 100 commercial electronic messages during a 24-hour period, or more than 1 000 commercial electronic messages during a 30-day period, from that telecommunications device, service or network.

(3) For the purposes of this Part, more than one person may be considered to have initiated the transmission of a commercial electronic message or multiple commercial electronic messages.

22. Initiating transmission of multiple commercial electronic messages from telecommunications device, etc., accessed without authorization

(1) A person who—

(a) accesses a telecommunications device, service or network without authorization; and

(b) knowingly initiates the transmission of multiple commercial electronic messages that have a Hong Kong link from that 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), a person accesses a telecommunications device, service or network without authorization if—

(a) he accesses that telecommunications device, service or network by any means or in any manner;

(b) he is not entitled to obtain such access; and

(c) he has not been authorized to obtain such access by any person who is entitled to grant him such access.

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.