Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/8

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE :(b) if the message is sent to an electronic address in connection with an instant messaging service, the individual or organization who is responsible for the relevant instant messaging account;
 * (c) if the electronic address is a telephone number or facsimile number, the individual or organization who is responsible for the relevant telephone or facsimile account; or
 * (d) in any other case, the individual or organization who is responsible for the relevant electronic address account,

and, if 2 or more individuals or organizations are jointly responsible for such an account, means any of those individuals or organizations;

“regulations” (規例) means regulations made under section 62 (regulations);

“Secretary” (局長) means the Secretary for Commerce, Industry and Technology;

“send” (發送) has the meaning assigned to it by section 4 (meaning of “send” and related matters);

“software” (軟件) includes a combination of software and associated data;

“supply” (供應) means supply by way of sale, transfer, exchange, lease, hire or hire-purchase;

“telecommunications” (電訊) has the meaning assigned to it by section 2(1) of the Telecommunications Ordinance (Cap. 106);

“telecommunications device” (電訊裝置) includes any computer, instrument, apparatus or equipment used for the purpose of telecommunications;

“telecommunications network” (電訊網絡) has the meaning assigned to it by section 2(1) of the Telecommunications Ordinance (Cap. 106);

“telecommunications service” (電訊服務) has the meaning assigned to it by section 2(1) of the Telecommunications Ordinance (Cap. 106);

“telecommunications service provider” (電訊服務提供者) means a licensee as defined in section 2(1) of the Telecommunications Ordinance (Cap. 106);

“unsubscribe request” (取消接收要求) has the meaning assigned to it by section 9(4) (commercial electronic messages must contain unsubscribe facility);

“working day” (工作日) means any day other than a public holiday or a black rainstorm warning day or gale warning day within the meaning assigned by section 71(2) of the Interpretation and General Clauses Ordinance (Cap. 1).

(2) For the purposes of paragraphs (a), (b), (c), (d), (e) and (f) of the definition of “commercial electronic message” in subsection (1), it is immaterial whether—
 * (a) the goods, services, facilities, land, interest in land, business opportunity or investment opportunity exists; or
 * (b) it is lawful to acquire the goods, services, facilities, land, interest in land, business opportunity or investment opportunity.

(3) For the purposes of the definition of “electronic message” in subsection (1), it is immaterial whether—