Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/25

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UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE

Ord. No. 9 of 2007
A453


(b) specify the provision or provisions of this Ordinance for which the code is so approved.

(4) The Authority may—

(a) from time to time revise the whole or any part of any code of practice prepared by him under this section; and
(b) approve any revision or proposed revision of the whole or any part of any code of practice for the time being approved under this section.

(5) The provisions of subsection (3) shall, with the necessary modifications, apply in relation to any revision or approval under subsection (4) as they apply in relation to the approval of a code of practice under subsection (1).

(6) The Authority may at any time withdraw his approval from any code of practice approved under this section.

(7) Where under subsection (6) the Authority withdraws his approval from a code of practice approved under this section, he shall, by notice published in the Gazette, identify the code concerned and specify the date on which its approval is to cease to have effect.

(8) References in this Ordinance to an approved code of practice are references to that code as approved under this section and as it has effect for the time being, including by virtue of any revision of the whole or any part of it approved under this section.

(9) The power of the Authority under subsection (1)(b) to approve a code of practice issued or proposed to be issued otherwise than by him shall include the power to approve a part of such a code and, accordingly, in this Ordinance, “code of practice” may be read as including a part of such a code.

(10) A code of practice approved under this section and a notice published under subsection (3) or (7) are not subsidiary legislation.

30. Use of approved codes of practice in legal proceedings

(1) A failure on the part of any person to observe any provision of an approved code of practice shall not of itself render that person liable to legal proceedings.

(2) However, if, in any legal proceedings, the court is satisfied that a provision of an approved code of practice is relevant to determining a matter that is in issue in the proceedings—

(a) the code of practice is admissible in evidence in the proceedings; and
(b) proof that the person contravened or did not contravene a relevant provision of the code of practice may be relied on by any party to the proceedings as tending to establish or negate that matter.