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UNSOLICITED ELECTRONIC MESSAGES ORDINANCE (2) Without prejudice to any other Ordinance, a person who makes a statement that he knows to be false or does not believe to be true, or otherwise knowingly misleads the Authority, an authorized officer or any other person in the performance of his functions under this Ordinance commits an offence and is liable on summary conviction to a fine at level 5 and to imprisonment for 2 years.

43. Recovery of costs and expenses of investigation by Authority

(1) Where a person is convicted by a court of a specified offence on a prosecution instituted as a result of an investigation by the Authority, the court may order the person to pay to the Authority the whole or a part of the costs and expenses of that investigation.

(2) Any costs and expenses awarded to the Authority by an order made under this section shall constitute a debt due to the Authority from the person ordered to pay them and are recoverable as a civil debt.

(3) For the avoidance of doubt, this section is without prejudice to any power conferred on the court under the Costs in Criminal Cases Ordinance (Cap. 492).

(4) In this section, “costs and expenses” (費用及開支), in relation to an investigation, means staff costs and expenses and the financing of liabilities paid out of the Office of the Telecommunications Authority Trading Fund in respect of that investigation.

44. Service of notices for purposes of sections 34, 35, 36 and 38

(1) A specified notice may be served by prepaying (where requisite), registering and posting an envelope addressed to the person on or to whom the notice is to be served at his usual or last known place of abode or business and containing the notice; and, unless there is evidence to the contrary, the notice shall be deemed to have been served and received at the time at which such envelope would have been delivered in the ordinary course of post.

(2) For the purposes of this section, a company within the meaning assigned by section 2(1) of the Companies Ordinance (Cap. 32) shall be deemed to have its usual place of business at its registered office for the purposes of that Ordinance, and any other organization shall be deemed to have a usual place of business at its principal office or any other place at which it carries on business.

(3) In this section, “specified notice” (指明通知) means a notice under—
 * (a) section 34 (Authority may issue directions to telecommunications service providers);