Unsolicited Electronic Messages Ordinance
Part 5
5-42
Section 45
Cap. 593
(1A) In the absence of evidence to the contrary, the notice is
presumed to have been served—
(a) if the notice is left at the person’s usual or last known
place of abode or business, when it is so left; or
(b) if the notice is sent by ordinary post or registered post,
on the second day after the day on which it is so sent.
(Added 18 of 2014 s. 51)
(2) For the purposes of this section, a company within the
meaning assigned by section 2(1) of the Companies
Ordinance (Cap. 622) is deemed to have its usual place of
business at its registered office in Hong Kong, and any other
organization is deemed to have a usual place of business at
its principal office or any other place at which it carries on
business. (Amended 28 of 2012 ss. 912 & 920)
(3) In this section, specified notice (指明通知) means a notice
under—
(a) section 34 (Authority may issue
telecommunications service providers);
(b) section 35 (Authority may impose financial penalties);
(c) section 36 (Authority may obtain information or
documents relevant to investigation); or
(d) section 38 (Authority may issue enforcement notice).
45.
directions
to
Immunity of Authority, authorized officers, etc.
(1) No person to whom this subsection applies, acting in good
faith, shall be personally liable for any civil liability or claim
whatever in respect of any act done or default made in the
performance or purported performance of any function under
this Ordinance.
(2) The persons to whom subsection (1) applies are—
(a) the Authority;
Last updated date
5.12.2014
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