Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/27

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UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE

Ord. No. 9 of 2007
A457


(a) a copy of an entry in or extract of a do-not-call register; and
(b) certified by the Authority or an authorized officer as a true copy of the entry or extract referred to in paragraph (a),

shall be admissible as evidence of its contents in any legal proceedings.

(7) A certificate purporting to be signed by the Authority or an authorized officer and stating that an electronic address was or was not listed in a do-not-call register at a date specified in the certificate shall be admissible as evidence of its contents in any legal proceedings.

32. Powers of Authority in relation to do-not-call registers

(1) Without limiting the generality of section 31(1) (Authority may establish do-not-call registers), the Authority may determine—

(a) the criteria for determining whether an electronic address is eligible to be listed in a do-not-call register;
(b) the procedures for adding an electronic address to a do-not-call register;
(c) the period for which an electronic address may be listed in a do-not-call register;
(d) the circumstances in which and the manner in which an electronic address may be removed from a do-not-call register;
(e) the fees to be paid for the provision by the Authority of any service in relation to a do-not-call register; and
(f) any other matter relating to the establishment, operation or administration of a do-not-call register.

(2) The Authority shall not add an electronic address to a do-not-call register unless the registered user of that electronic address has given his consent to its inclusion in the register and to its being made available under section 33 (access to do-not-call registers).

33. Access to do-not-call registers

(1) Subject to subsection (2), the Authority shall, having regard to the purposes described in section 31(2) (Authority may establish do-not-call registers), cause the information contained in a do-not-call register to be made available to senders of commercial electronic messages.

(2) The Authority may, for the purpose of performing his functions under subsection (1), determine—

(a) the procedures to be followed by any person who wishes to obtain access to information contained in a do-not-call register;
(b) the conditions that must be met before such information is made available to any person;