Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/26

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UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE

Ord. No. 9 of 2007
A455


(3) In any legal proceedings, a code of practice that appears to a court to be the subject of a notice under section 29(3) (Authority may approve codes of practice) shall, in the absence of evidence to the contrary, be presumed to be the subject of such notice.

(4) In any legal proceedings, a document that purports to be a copy of a code of practice that is the subject of a notice under section 29(3) (Authority may approve codes of practice) shall, in the absence of evidence to the contrary, be presumed to be a true copy of the code.

(5) In this section, “court” (法院) includes—

(a) a magistrate;
(b) the Unsolicited Electronic Messages (Enforcement Notices) Appeal Board established under section 47(1); and
(c) any other tribunal.

31. Authority may establish do-not-call registers

(1) The Authority may establish and keep one or more registers of electronic addresses for the purposes of this Ordinance, each of which is to be known as a do-not-call register, and may do all things necessary for, or incidental or conducive to, the establishment, operation and administration of such registers.

(2) The purposes of a do-not-call register are—

(a) to provide registered users of electronic addresses with a convenient means by which they may notify senders of commercial electronic messages that they do not wish to receive such messages at those electronic addresses; and
(b) to provide senders of commercial electronic messages with a convenient means by which they may ascertain whether a registered user of an electronic address does not wish to receive unsolicited commercial electronic messages at that electronic address.

(3) Without limiting the generality of subsection (1), the Authority may establish and keep separate do-not-call registers for different kinds of electronic addresses.

(4) Without limiting the generality of subsection (1), a do-not-call register may be kept in such form as the Authority considers appropriate including—

(a) in a documentary form; or
(b) in a form other than a documentary form.

(5) If a do-not-call register is kept in a form other than a documentary form, then the information contained in it must be capable of being reproduced in a legible form.

(6) A document purporting to be—