Unsolicited Electronic Messages Ordinance Part 5 5-22 Section 36 Cap. 593 will on a date specified in the notice served under this subsection seek an order under subsection (3) unless the person has, before that date, complied with the notice served on the person under subsection (1). (3) Where a notice served on a person under subsection (1) has not been withdrawn under subsection (2)(b)(i) and the person has not complied with the notice before the relevant date, or before the date specified in the notice served on the person under subsection (2), as the case may be, then a magistrate may, on application by the Authority— (a) if satisfied by information on oath that there are reasonable grounds for believing that the person is, or is likely to be, in possession of the information or a document to which the first-mentioned notice relates and that the information or document is relevant to the Authority’s investigation of a contravention or suspected contravention of a provision of this Ordinance; (b) after considering the representations, if any, referred to in subsection (1)(b) received by the Authority in consequence of the service of the first-mentioned notice; and (c) after considering the representations, if any, made by the Authority or the person on the hearing of the application, issue an order that the person shall, within the time specified in the order, give the information in writing to the Authority or produce the document to the Authority, as the case requires. (4) The person in respect of whom an application is made by the Authority under subsection (3) shall be entitled to be heard on the hearing of the application— Last updated date 5.12.2014

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