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not been withdrawn under subsection (2)(b)(i) and the person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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