Unsolicited Electronic Messages Ordinance
Part 5
5-20
Section 36
Cap. 593
(1) If the Authority is satisfied that there are reasonable grounds
for believing that a person is, or is likely to be, in possession
of information (including but not limited to passwords) or a
document that is relevant to the Authority’s investigation of
a contravention or suspected contravention of a provision of
this Ordinance, the Authority may serve a notice in writing on
the person, accompanied by a copy of this section in Chinese
and English—
(a) requesting the person to—
(i) give the information in writing to the Authority; or
(ii) produce the document to the Authority,
as the case requires, before a date (the relevant date)
specified in the notice, being a date reasonable in all the
circumstances of the case; and
(b) stating that if the person is of the view that he cannot, or
does not wish to, comply with the request, then he may
make representations in writing to the Authority as to
why he is of that view before the relevant date.
(2) Where the Authority receives representations referred to in
subsection (1)(b) from a person, the Authority shall, after
considering the representations, serve a notice in writing on
the person—
(a) stating that the Authority
representations; and
(b) stating either—
has
considered
the
(i) that the notice served on the person under
subsection (1) is withdrawn with effect from the
date of service of the notice under this subsection;
or
(ii) that the notice served on the person under
subsection (1) remains in force and the Authority
Last updated date
5.12.2014
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