Unsolicited Electronic Messages Ordinance Part 5 5-40 Section 43 Cap. 593 performance of any functions of the Authority, authorized officer or person under this Ordinance commits an offence and is liable on summary conviction to a fine at level 5 and to imprisonment for 2 years. (Amended 17 of 2011 s. 28) 43. Recovery of costs and expenses of investigation by Authority (1) Where a person is convicted by a court of a specified offence on a prosecution instituted as a result of an investigation by the Authority, the court may order the person to pay to the Authority the whole or a part of the costs and expenses of that investigation. (2) Any costs and expenses awarded to the Authority by an order made under this section shall constitute a debt due to the Authority from the person ordered to pay them and are recoverable as a civil debt. (3) For the avoidance of doubt, this section is without prejudice to any power conferred on the court under the Costs in Criminal Cases Ordinance (Cap. 492). (4) In this section, costs and expenses (費用及開支), in relation to an investigation, means staff costs and expenses and the financing of liabilities paid out of the Office of the Communications Authority Trading Fund in respect of that investigation. (Amended 17 of 2011 s. 28) 44. Service of notices for purposes of sections 34, 35, 36 and 38 (1) A specified notice may be served on a person— (a) where the person is an individual, by delivering it to the person by hand; or (b) by leaving it, or sending it by ordinary post or registered post to the person, at the person’s usual or last known place of abode or business. (Replaced 18 of 2014 s. 51) Last updated date 5.12.2014