Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/23

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UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE

Ord. No. 9 of 2007
A449


(b) impair the ability of the recipient of any commercial electronic message transmitted from the electronic address or domain name, a telecommunications service provider processing the message or any other person to identify, locate or respond to the person who initiated the transmission of the message.

(3) In this section, “register” (登記、註冊) means—

(a) in relation to an electronic address—
(i) to register with an authority responsible for allocating or assigning the electronic address or approving its allocation or assignment; or
(ii) to procure the allocation or assignment of the electronic address, or the approval of its allocation or assignment, by such an authority; and
(b) in relation to a domain name, to register the domain name with, or to procure its allocation or assignment by, any domain name authority.

26. False representations regarding registrant or successor in interest to registrant of electronic address or domain name

(1) A person who—

(a) falsely represents himself to be the registrant or the legitimate successor in interest to the registrant of 5 or more electronic addresses or 2 or more domain names; and
(b) knowingly initiates the transmission of multiple commercial electronic messages that have a Hong Kong link from any of such electronic addresses or domain names or from any combination of such electronic addresses or domain names,

commits an offence and is liable on conviction on indictment to a fine and to imprisonment for 10 years.

(2) In this section, “registrant” (登記人、註冊人) means a person who registers for an electronic address or domain name within the meaning assigned by section 25(3) (registering for electronic addresses or domain names using information that falsifies identity of actual registrant).