Unsolicited Electronic Messages Ordinance Part 1 1-16 Section 4 Cap. 593 (iii) a Hong Kong company; (c) the telecommunications device that is used to access the message is located in Hong Kong; (d) the registered user of the electronic address to which the message is sent is— (i) an individual who is physically present in Hong Kong when the message is accessed; or (ii) an organization that is carrying on business or activities in Hong Kong when the message is accessed; or (e) the message is sent to an electronic address that is allocated or assigned by the Authority. (2) For the purposes of subsection (1)(b), (c), (d) and (e), it is immaterial whether the commercial electronic message originates in Hong Kong or elsewhere. (3) For the purposes of subsection (1)(b)(iii), it is immaterial whether the commercial electronic message is sent, or is authorized to be sent, from Hong Kong or elsewhere. 4. Meaning of send and related matters (1) For the purposes of this Ordinance, send (發送), in relation to an electronic message, includes cause to be sent and attempt to send. (2) For the purposes of this Ordinance (including subsection (3)), if an individual authorizes the sending of a commercial electronic message and he does so on behalf of an organization, then— (a) the organization shall be treated as authorizing the sending of the message; and (b) the individual shall be treated as not authorizing the sending of the message. Last updated date 3.3.2014