Unsolicited Electronic Messages Ordinance Part 7 7-6 Section 59 Cap. 593 (2) No person to whom any information contained in a do-notcall register is made available under section 33 (access to donot-call registers) shall use any information obtained thereby other than for the purpose described in section 31(2)(b) (Authority may establish do-not-call registers). (3) A person who contravenes subsection (1) or (2) commits an offence and is liable on summary conviction to a fine at level 6. (4) A person who knowingly contravenes subsection (1) or (2) commits an offence and is liable on conviction on indictment to a fine of $1,000,000 and to imprisonment for 5 years. (5) It is a defence to a charge for an offence under subsection (3) for the person charged to prove that he took all reasonable precautions and exercised all due diligence to avoid the commission of the offence. 59. Liability of principals, agents, employers and employees (1) Any act done or conduct engaged in by a person in the course of his employment (the “employee”) shall be treated for the purposes of this Ordinance as done or engaged in by his employer as well as by him, whether or not it was done or engaged in with the employer’s knowledge or approval. (2) Any act done or conduct engaged in by a person as agent for another person with the authority (whether express or implied, and whether precedent or subsequent) of that other person shall be treated for the purposes of this Ordinance as done or engaged in by that other person as well as by him. (3) In any proceedings for an offence under this Ordinance brought against any person in respect of an act or conduct alleged to have been done or engaged in, as the case may be, by an employee or agent of that person, it is a defence for that person to prove that he took such steps as were practicable to Last updated date 2.8.2012