HKLII Hong Kong Ordinances

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UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 11

Commercial electronic messages must not be sent to electronic address listed in do-not-call register

(1) A person shall not send a commercial electronic message that has a
Hong Kong link to an electronic address that, at the time the message is sent,
is listed in a do-not-call register.

(2) Subsection (1) does not apply in relation to a commercial 
electronic message if, prior to or subsequent to the listing of the
electronic address in the do-not-call register, and whether before or after
the commencement of this section, the registered user of the
electronic address has given his consent to the sending of the message.

(3) Subsection (1) does not apply if the electronic address has been listed in
the do-not-call register for less than 10 working days at the time the
commercial electronic message is sent.

(4) Subsection (1) does not apply if the person—

   (a)  sent the commercial electronic message by mistake; or

   (b)  did not know, and could not with reasonable diligence have
        ascertained, that the message had a Hong Kong link.



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