Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/17

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE 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 took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

17. Use of address-harvesting software or harvested-address list

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

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 took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

(5) In this section, “use” (用、使用) does not include the act of forwarding the address-harvesting software or harvested-address list to another person.

18. Sending of commercial electronic message to electronic address obtained using automated means

(1) No person shall send a commercial electronic message that has a Hong Kong link to an electronic address that was obtained using an automated means.

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