Unsolicited Electronic Messages Ordinance Part 5 5-18 Section 36 Cap. 593 (Authority may issue directions to telecommunications service providers). (2) A financial penalty imposed on a telecommunications service provider under subsection (1) shall not exceed— (a) $50,000 for the first occasion on which a financial penalty is so imposed; (b) $100,000 for the second occasion on which a financial penalty is so imposed; and (c) $200,000 for any subsequent occasion on which a financial penalty is so imposed. (3) The Authority shall not impose a financial penalty under this section unless, in all the circumstances of the case, the financial penalty is proportionate and reasonable in relation to the failure or series of failures concerned giving rise to that financial penalty. (4) The Authority shall not impose a financial penalty under this section unless it has given the telecommunications service provider concerned a reasonable opportunity to make representations, and the Authority shall consider all representations made to it before it makes a decision whether or not to impose a financial penalty. (Amended 17 of 2011 s. 28) (5) Subsection (1) shall not apply in the case of the telecommunications service provider concerned unless the Authority is satisfied that it has been afforded a reasonable opportunity of complying with the direction in respect of which that subsection is sought to be applied. (6) A financial penalty imposed under this section is recoverable as a civil debt due to the Government. 36. Authority may obtain information or documents relevant to investigation Last updated date 5.12.2014