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UNSOLICITED ELECTRONIC MESSAGES ORDINANCE 58. Offences relating to misuse of information

(1) No person to whom an unsubscribe request is sent under section 9 (commercial electronic messages must contain unsubscribe facility) shall use any information obtained thereby other than for the purpose of complying with the requirements of that section or section 10 (commercial electronic messages must not be sent after unsubscribe request is sent).

(2) No person to whom any information contained in a do-not-call register is made available under section 33 (access to do-not-call registers) shall use any information obtained thereby other than for the purpose described in section 31(2)(b) (Authority may establish do-not-call registers).

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

(4) A person who knowingly contravenes subsection (1) or (2) commits an offence and is liable on conviction on indictment to a fine of $1,000,000 and to imprisonment for 5 years.

(5) It is a defence to a charge for an offence under subsection (3) for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence.

59. Liability of principals, agents, employers and employees

(1) Any act done or conduct engaged in by a person in the course of his employment (the “employee”) shall be treated for the purposes of this Ordinance as done or engaged in by his employer as well as by him, whether or not it was done or engaged in with the employer’s knowledge or approval.

(2) Any act done or conduct engaged in by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that other person shall be treated for the purposes of this Ordinance as done or engaged in by that other person as well as by him.

(3) In any proceedings for an offence under this Ordinance brought against any person in respect of an act or conduct alleged to have been done or engaged in, as the case may be, by an employee or agent of that person, it is a defence for that person to prove that he took such steps as were practicable to prevent the employee or agent from doing the act or engaging in the conduct, or from doing or engaging in, in the course of his employment or authority, acts or conduct, as the case may be, of that description.

(4) In any proceedings for an offence under this Ordinance brought against any employee in respect of an act or conduct alleged to have been done or engaged in, as the case may be, by the employee, it is a defence for the employee to prove that he did the act or engaged in the conduct in good faith—