Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/11

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE (2) For the purposes of this Ordinance, consent to the sending of a commercial electronic message may be given, and such consent may be withdrawn, by means of an electronic message or in any other manner.

(3) For the purposes of this Ordinance, the registered user of an electronic address shall be treated as having given his consent to the sending of a commercial electronic message to that electronic address if the registered user or a person on his behalf—
 * (a) has, either in response to a clear and conspicuous request for consent or at his own initiative, given his consent to the sending of the message; and
 * (b) has not, within a reasonable period of time prior to the sending of the message, withdrawn that consent.

(4) For the purposes of this Ordinance (including subsection (3)), if a person other than the registered user of an electronic address uses the relevant account to send an electronic message about—
 * (a) consent; or
 * (b) withdrawal of consent,

that person shall be treated as having been authorized to send that message on behalf of the registered user.

(5) Subsection (4) shall not be construed as limiting the circumstances in which a person other than the registered user of an electronic address may—
 * (a) consent; or
 * (b) withdraw consent,

on behalf of the registered user.

(6) For the avoidance of doubt, the registered user of an electronic address may at any time withdraw any consent given by him to the sending of a commercial electronic message.

6. Application

(1) This Ordinance binds the Government.

(2) Neither the Government nor any public officer in the officer’s capacity as such is liable to be prosecuted for an offence against this Ordinance.

7. Exemptions

(1) The matters specified in Schedule 1 are exempt from the application of this Ordinance to the extent and subject to the conditions, if any, specified in that Schedule.

(2) The Secretary may, by notice published in the Gazette, amend Schedule 1.