Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/30

From Wikisource
Jump to navigation Jump to search
This page has been proofread, but needs to be validated.

UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE

Ord. No. 9 of 2007
A463


(i) give the information in writing to the Authority; or
(ii) produce the document to the Authority,
as the case requires, before a date (“the relevant date”) specified in the notice, being a date reasonable in all the circumstances of the case; and
(b) stating that if the person is of the view that he cannot, or does not wish to, comply with the request, then he may make representations in writing to the Authority as to why he is of that view before the relevant date.

(2) Where the Authority receives representations referred to in subsection (1)(b) from a person, the Authority shall, after considering the representations, serve a notice in writing on the person—

(a) stating that the Authority has considered the representations; and
(b) stating either—
(i) that the notice served on the person under subsection (1) is withdrawn with effect from the date of service of the notice under this subsection; or
(ii) that the notice served on the person under subsection (1) remains in force and the Authority will on a date specified in the notice served under this subsection seek an order under subsection (3) unless the person has, before that date, complied with the notice served on the person under subsection (1).

(3) Where a notice served on a person under subsection (1) has not been withdrawn under subsection (2)(b)(i) and the person has not complied with the notice before the relevant date, or before the date specified in the notice served on the person under subsection (2), as the case may be, then a magistrate may, on application by the Authority—

(a) if satisfied by information on oath that there are reasonable grounds for believing that the person is, or is likely to be, in possession of the information or a document to which the first-mentioned notice relates and that the information or document is relevant to the Authority’s investigation of a contravention or suspected contravention of a provision of this Ordinance;
(b) after considering the representations, if any, referred to in subsection (1)(b) received by the Authority in consequence of the service of the first-mentioned notice; and
(c) after considering the representations, if any, made by the Authority or the person on the hearing of the application,

issue an order that the person shall, within the time specified in the order, give the information in writing to the Authority or produce the document to the Authority, as the case requires.