Unsolicited Electronic Messages Ordinance
Part 5
5-6
Section 30
Cap. 593
(6) The Authority may at any time withdraw its approval from
any code of practice approved under this section. (Amended
17 of 2011 s. 28)
(7) Where under subsection (6) the Authority withdraws its
approval from a code of practice approved under this section,
it shall, by notice published in the Gazette, identify the code
concerned and specify the date on which its approval is to
cease to have effect. (Amended 17 of 2011 s. 28)
(8) References in this Ordinance to an approved code of practice
are references to that code as approved under this section and
as it has effect for the time being, including by virtue of any
revision of the whole or any part of it approved under this
section.
(9) The power of the Authority under subsection (1)(b) to
approve a code of practice issued or proposed to be issued
otherwise than by it shall include the power to approve a
part of such a code and, accordingly, in this Ordinance, code
of practice may be read as including a part of such a code.
(Amended 17 of 2011 s. 28)
(10) A code of practice approved under this section and a notice
published under subsection (3) or (7) are not subsidiary
legislation.
30.
Use of approved codes of practice in legal proceedings
(1) A failure on the part of any person to observe any provision
of an approved code of practice shall not of itself render that
person liable to legal proceedings.
(2) However, if, in any legal proceedings, the court is satisfied
that a provision of an approved code of practice is relevant to
determining a matter that is in issue in the proceedings—
(a) the code of practice is admissible in evidence in the
proceedings; and
Last updated date
5.12.2014
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