Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/22

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE “header information” (標頭資料 ) means the information attached to a commercial electronic message by a telecommunications device, service or network for the purpose of identifying, or purporting to identify, the person sending the message or the source, routing or destination of the message, and—
 * (a) in relation to a commercial electronic mail message, includes, but is not limited to, the originating domain name, Internet protocol address and electronic mail address, but excludes the content in the SMTP data portion; and
 * (b) in relation to any other form of commercial electronic message, includes, but is not limited to, the electronic address from which the message originates;

“SMTP data portion” (《簡單郵遞傳送規約》數據部分) has the meaning assigned to it by the Simple Mail Transfer Protocol of Internet Official Protocol Standards, or any successor protocols, published by the Internet Engineering Task Force, or any of its successors, as amended from time to time.

25. Registering for electronic addresses or domain names using information that falsifies identity of actual registrant

(1) A person who—
 * (a) registers, using information that materially falsifies the identity of the actual registrant, for 5 or more electronic addresses or 2 or more domain names; and
 * (b) knowingly initiates the transmission of multiple commercial electronic messages that have a Hong Kong link from any of such electronic addresses or domain names or from any combination of such electronic addresses or domain names,

commits an offence and is liable on conviction on indictment to a fine and to imprisonment for 10 years.

(2) For the purposes of subsection (1), a person uses information that materially falsifies the identity of the actual registrant if he falsifies, alters, conceals, deletes or withholds any information in such manner as to—
 * (a) impair the ability of the relevant authority responsible for allocating or assigning the electronic address or approving its allocation or assignment or the relevant domain name authority, as the case may be, to identify or locate the actual registrant; or