Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/28

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UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE

Ord. No. 9 of 2007
A459


(c) the form in which and the manner in which such information is made available to any person;
(d) the conditions subject to which such information is made available to any person; and
(e) any other matter relating to the provision by the Authority to any person of any such information.

(3) Without limiting the powers of the Authority under section 32(1)(e) (powers of Authority in relation to do-not-call registers) but subject to subsection (4), the Authority may charge fees for making information contained in a do-not-call register available to any person under this section.

(4) The Authority shall provide facilities to enable the registered user of an electronic address to verify, free of charge, whether that electronic address is listed in a do-not-call register.

34. Authority may issue directions to telecommunications service providers

(1) Subject to subsections (2) and (3), the Authority may, by notice in writing served on a telecommunications service provider, issue directions to the telecommunications service provider requiring it to—

(a) take such action as the Authority considers necessary for the purpose of assisting the Authority to determine whether to commence an investigation into a contravention or suspected contravention of a provision of this Ordinance;
(b) take such action as the Authority considers necessary for the purpose of assisting or enabling the Authority to investigate a contravention or suspected contravention of a provision of this Ordinance; or
(c) provide information to the Authority for the purpose of assisting or enabling the Authority to establish, operate or administer a do-not-call register,

and the telecommunications service provider shall give effect to such directions before a date specified in the notice, being a date reasonable in all the circumstances of the case.

(2) No directions shall be issued to a telecommunications service provider under subsection (1) in relation to a matter for which the Authority may serve a notice on the telecommunications service provider under section 36 (Authority may obtain information or documents relevant to investigation) or section 38 (Authority may issue enforcement notice).

(3) No directions shall be issued to a telecommunications service provider under subsection (1) unless the Authority is satisfied that the telecommunications service provider has been afforded a reasonable opportunity to make representations to the Authority.