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UNSOLICITED ELECTRONIC MESSAGES ORDINANCE (2) For the purposes of this Part, a person sends multiple commercial electronic messages if he sends more than 100 commercial electronic messages during a 24-hour period or more than 1 000 commercial electronic messages during a 30-day period.

15. Supply of address-harvesting software or harvested-address list

(1) No person shall supply or offer to supply—
 * (a) address-harvesting software;
 * (b) a right to use address-harvesting software;
 * (c) a harvested-address list; or
 * (d) a right to use a harvested-address list,

to another person (“the customer”) for use in connection with, or to facilitate, the sending of commercial electronic messages that have a Hong Kong link without the consent of the registered users of the electronic addresses to which they are sent.

(2) A person who contravenes subsection (1) commits an offence and is liable on summary conviction to a fine at level 6.

(3) A person who knowingly contravenes subsection (1) commits an offence and is liable on conviction on indictment to a fine of $1,000,000 and to imprisonment for 5 years.

(4) It is a defence to a charge for an offence under subsection (2) for the person charged to prove that he did not know and had no reason to suspect that the customer, or another person, intended to use the address-harvesting software or the harvested-address list, as the case may be, in connection with, or to facilitate, the sending of commercial electronic messages that have a Hong Kong link without the consent of the registered users of the electronic addresses to which they are sent.

(5) It is a defence to a charge for an offence under subsection (2) for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

16. Acquisition of address-harvesting software or harvested-address list

(1) No person shall acquire—
 * (a) address-harvesting software;
 * (b) a right to use address-harvesting software;
 * (c) a harvested-address list; or
 * (d) a right to use a harvested-address list,