Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 15

Supply of address-harvesting software or harvested-address list

(1) No person shall supply or offer to supply—

   (a)  address-harvesting software;

   (b)  a right to use address-harvesting software;

   (c)  a harvested-address list; or

   (d)  a right to use a harvested-address list,
to another person ("the customer") for use in connection with, or to
facilitate, the sending of commercial electronic messages that have a Hong 
Kong link without the consent of the registered users of the electronic 
addresses to which they are sent.

(2) A person who contravenes subsection (1) commits an offence and is liable
on summary conviction to a fine at level 6.

(3) A person who knowingly contravenes subsection (1) commits an offence and
is liable on conviction on indictment to a fine of $1000000 and to
imprisonment for 5 years.

(4) It is a defence to a charge for an offence under subsection (2) for the
person charged to prove that he did not know and had no reason to suspect that
the customer, or another person, intended to use the
address-harvesting software or the harvested-address list, as the case may be,
in connection with, or to facilitate, the sending of commercial 
electronic messages that have a Hong Kong link without the consent of the
registered users of the electronic addresses to which they are sent.

(5) It is a defence to a charge for an offence under subsection (2) for the
person charged to prove that he took all reasonable precautions and exercised
all due diligence to avoid the commission of the offence.