Unsolicited Electronic Messages Ordinance
Part 5
5-32
Section 40
Cap. 593
(1) A person who contravenes an enforcement notice served
on him under section 38 (Authority may issue enforcement
notice) commits an offence.
(2) A person who commits an offence under this section is
liable—
(a) on a first conviction, to a fine at level 6; and
(b) on a second or subsequent conviction, to a fine of
$500,000,
and, in the case of a continuing offence, to a further daily fine
of $1,000 for each day during which the offence continues.
(3) It is a defence to a charge for an offence under this section
for the person charged to prove that he exercised all due
diligence to comply with the enforcement notice.
40.
Powers of entry, search, arrest, etc.
(1) The Authority or an authorized officer may—
(a) without warrant, arrest any person whom the Authority
or authorized officer reasonably suspects of having
committed a specified offence; and
(b) where a warrant has been issued under section 41(1)
(power of magistrate to issue search warrant) in respect
of any premises or place—
(i) enter and search the premises or place;
(ii) detain any person found in or on the premises or
place, during such period as is reasonably required
to permit the search to be carried out, where that
person might prejudice the purpose of the search if
he were not so detained; and
(iii) seize, remove or detain any telecommunications
device or other thing found in or on the premises
or place that is or that contains, or that appears
Last updated date
5.12.2014
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