Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/14

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE (3) Subsection (2) does not apply in relation to a commercial electronic message if, subsequent to the sending of the unsubscribe request, the registered user of the relevant electronic address has given his consent to the sending of the message.

(4) Subsection (2) does not apply in relation to a commercial electronic message if the individual or organization concerned—
 * (a) sent the message, or authorized it to be sent, by mistake; or
 * (b) did not know, and could not with reasonable diligence have ascertained, that the message had a Hong Kong link.

(5) In this section, “unsubscribe facility” (取消接收選項) has the same meaning as in section 9 (commercial electronic messages must contain unsubscribe facility).

11. Commercial electronic messages must not be sent to electronic address listed in do-not-call register

(1) A person shall not send a commercial electronic message that has a Hong Kong link to an electronic address that, at the time the message is sent, is listed in a do-not-call register.

(2) Subsection (1) does not apply in relation to a commercial electronic message if, prior to or subsequent to the listing of the electronic address in the do-not-call register, and whether before or after the commencement of this section, the registered user of the electronic address has given his consent to the sending of the message.

(3) Subsection (1) does not apply if the electronic address has been listed in the do-not-call register for less than 10 working days at the time the commercial electronic message is sent.

(4) Subsection (1) does not apply if the person—
 * (a) sent the commercial electronic message by mistake; or
 * (b) did not know, and could not with reasonable diligence have ascertained, that the message had a Hong Kong link.

12. Commercial electronic mail messages must not use misleading subject headings

A person shall not send a commercial electronic mail message that has a Hong Kong link if the subject heading of the message, if any, would be likely to mislead the recipient about a material fact regarding the content or subject matter of the message.