Unsolicited Electronic Messages Ordinance Part 7 7-2 Section 57 Cap. 593 Part 7 Miscellaneous 57. Claims for loss or damage (1) A person who suffers loss or damage by reason of a contravention of any provision of this Ordinance (the claimant) shall be entitled to bring proceedings against the person who committed the contravention. (2) For the purposes of subsection (1), it is immaterial whether— (a) the contravention constitutes an offence; or (b) the person who committed the contravention has been convicted of an offence in relation to the contravention. (3) Subject to subsection (6), proceedings under subsection (1) shall be brought in the District Court but all such remedies shall be obtainable in such proceedings as, apart from this subsection, would be obtainable in the Court of First Instance. (4) Without limiting the generality of subsection (3), the District Court may, if it considers it fair, just and reasonable in the circumstances to do so— (a) make a declaration that the respondent has committed an act, or engaged in conduct, in contravention of this Ordinance; (b) order that the respondent shall perform any reasonable act or course of conduct to redress any loss or damage suffered by the claimant; (c) order that the respondent shall pay to the claimant compensation by way of damages for any loss or damage suffered by the claimant by reason of the respondent’s act or conduct; and Last updated date 2.8.2012