UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE
“electronic address” (電子地址) means a string (any sequence or combination of letters, characters, numbers or symbols of any language) used to specify a source or destination of an electronic message and includes, but is not limited to, an electronic mail address, Internet protocol address, instant messaging account name, telephone number and facsimile number;
“electronic mail address” (電郵地址) means an electronic address consisting of a user name or mailbox (commonly referred to as the “local part”) and a reference to a domain name (commonly referred to as the “domain part”), whether or not displayed, to which an electronic message can be sent;
“electronic message” (電子訊息) includes a message in any form sent over a public telecommunications service to an electronic address and includes, but is not limited to—
- (a) a text, voice, sound, image or video message; and
- (b) a message combining text, voice, sound, images or video;
“enforcement notice” (執行通知) means a notice under section 38(1) (Authority may issue enforcement notice);
“function” (職能) includes a power and a duty;
“Hong Kong company” (香港公司) means—
- (a) a company within the meaning assigned by section 2(1) of the Companies Ordinance (Cap. 32); or
- (b) a body corporate that is incorporated or otherwise established by or under any other Ordinance;
“Hong Kong link” (香港聯繫) has the meaning assigned to it by section 3 (meaning of “Hong Kong link”);
“legal proceedings” (法律程序) means legal proceedings of any kind, whether civil or criminal and whether under this Ordinance or otherwise;
“mistake” (錯誤) means a reasonable mistake of fact;
“organization” (機構) includes—
- (a) a Hong Kong company;
- (b) any other company or body corporate, wherever incorporated or otherwise established; and
- (c) a partnership or other unincorporated body of persons, whether formed or established in Hong Kong or elsewhere;
“public telecommunications network” (公共電訊網絡) means a telecommunications network offered for use by the general public;
“public telecommunications service” (公共電訊服務) has the meaning assigned to it by section 2(1) of the Telecommunications Ordinance (Cap. 106);
“registered user” (登記使用者), in relation to the sending of a commercial electronic message to an electronic address, means—
- (a) if the electronic address is an electronic mail address, the individual or organization who is responsible for the relevant electronic mail address account;