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UNSOLICITED ELECTRONIC MESSAGES ORDINANCE (2) For the purposes of subsection (1), it is immaterial whether—
 * (a) the contravention constitutes an offence; or
 * (b) the person who committed the contravention has been convicted of an offence in relation to the contravention.

(3) Subject to subsection (6), proceedings under subsection (1) shall be brought in the District Court but all such remedies shall be obtainable in such proceedings as, apart from this subsection, would be obtainable in the Court of First Instance.

(4) Without limiting the generality of subsection (3), the District Court may, if it considers it fair, just and reasonable in the circumstances to do so—
 * (a) make a declaration that the respondent has committed an act, or engaged in conduct, in contravention of this Ordinance;
 * (b) order that the respondent shall perform any reasonable act or course of conduct to redress any loss or damage suffered by the claimant;
 * (c) order that the respondent shall pay to the claimant compensation by way of damages for any loss or damage suffered by the claimant by reason of the respondent’s act or conduct; and
 * (d) grant an injunction or any other appropriate remedy, order or relief against the respondent.

(5) By virtue of this subsection and notwithstanding any other enactment or rule of law, the District Court shall have jurisdiction to hear and determine any proceedings under subsection (1) and shall have all such powers as are necessary or expedient for it to have in order to provide, grant or make any remedy, injunction, order or relief referred to in subsection (4).

(6) Where an amount claimed for loss or damage under subsection (1) does not exceed the amount referred to in paragraph 1 of the Schedule to the Small Claims Tribunal Ordinance (Cap. 338), the proceedings shall be brought in the Small Claims Tribunal, and that Ordinance shall apply to the claim in the same manner as if it were a monetary claim founded in tort as referred to in that paragraph.

(7) The Limitation Ordinance (Cap. 347) shall apply, with necessary modifications, to a claim under this section in the same manner as it applies to an action founded on tort.

(8) For the avoidance of doubt, nothing in this section affects, limits or diminishes any rights, privileges, obligations or liabilities conferred or imposed on a person under any other enactment or rule of law.