Unsolicited Electronic Messages Ordinance Part 5 5-32 Section 40 Cap. 593 (1) A person who contravenes an enforcement notice served on him under section 38 (Authority may issue enforcement notice) commits an offence. (2) A person who commits an offence under this section is liable— (a) on a first conviction, to a fine at level 6; and (b) on a second or subsequent conviction, to a fine of $500,000, and, in the case of a continuing offence, to a further daily fine of $1,000 for each day during which the offence continues. (3) It is a defence to a charge for an offence under this section for the person charged to prove that he exercised all due diligence to comply with the enforcement notice. 40. Powers of entry, search, arrest, etc. (1) The Authority or an authorized officer may— (a) without warrant, arrest any person whom the Authority or authorized officer reasonably suspects of having committed a specified offence; and (b) where a warrant has been issued under section 41(1) (power of magistrate to issue search warrant) in respect of any premises or place— (i) enter and search the premises or place; (ii) detain any person found in or on the premises or place, during such period as is reasonably required to permit the search to be carried out, where that person might prejudice the purpose of the search if he were not so detained; and (iii) seize, remove or detain any telecommunications device or other thing found in or on the premises or place that is or that contains, or that appears Last updated date 5.12.2014