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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