Unsolicited Electronic Messages Ordinance
Part 7
7-4
Section 58
Cap. 593
(d) grant an injunction or any other appropriate remedy,
order or relief against the respondent.
(5) By virtue of this subsection and notwithstanding any other
enactment or rule of law, the District Court shall have
jurisdiction to hear and determine any proceedings under
subsection (1) and shall have all such powers as are necessary
or expedient for it to have in order to provide, grant or
make any remedy, injunction, order or relief referred to in
subsection (4).
(6) Where an amount claimed for loss or damage under
subsection (1) does not exceed the amount referred to in
paragraph 1 of the Schedule to the Small Claims Tribunal
Ordinance (Cap. 338), the proceedings shall be brought in
the Small Claims Tribunal, and that Ordinance shall apply to
the claim in the same manner as if it were a monetary claim
founded in tort as referred to in that paragraph.
(7) The Limitation Ordinance (Cap. 347) shall apply, with
necessary modifications, to a claim under this section in the
same manner as it applies to an action founded on tort.
(8) For the avoidance of doubt, nothing in this section affects,
limits or diminishes any rights, privileges, obligations or
liabilities conferred or imposed on a person under any other
enactment or rule of law.
58.
Offences relating to misuse of information
(1) No person to whom an unsubscribe request is sent under
section 9 (commercial electronic messages must contain
unsubscribe facility) shall use any information obtained
thereby other than for the purpose of complying with the
requirements of that section or section 10 (commercial
electronic messages must not be sent after unsubscribe
request is sent).
Last updated date
2.8.2012
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