Unsolicited Electronic Messages Ordinance Part 5 5-28 Section 38 Cap. 593 (iii) the fulfilment of any obligation under an international agreement applicable to Hong Kong and relating to unsolicited electronic messages; or (c) it is otherwise in the public interest to disclose the information or document. (2) The Authority shall not disclose any information or document given or produced to it under section 36 (Authority may obtain information or documents relevant to investigation) unless it has given the person who gave or produced the information or document to the Authority a reasonable opportunity to make representations on the proposed disclosure, and the Authority shall consider all representations made to it before it makes a decision whether or not to disclose the information or document, as the case may be. (Amended 17 of 2011 s. 28) 38. Authority may issue enforcement notice (1) Where the Authority is of the opinion that any person— (a) is contravening any provision of Part 2 (rules about sending commercial electronic messages); or (b) has contravened any provision of Part 2 (rules about sending commercial electronic messages) in circumstances that make it likely that the contravention will continue or be repeated, then the Authority may serve a notice in writing on the person, accompanied by a copy of this section in Chinese and English— (c) stating that it is of that opinion; (Amended 17 of 2011 s. 28) (d) specifying the contravention as to which it is of that opinion and the reasons why it believes it is a contravention; and (Amended 17 of 2011 s. 28) Last updated date 5.12.2014

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