Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 19

Use of scripts or other automated means to register for 5 or more electronic mail addresses

(1) No person shall use scripts or other automated means to register for 5 or
more electronic mail addresses from which to send, or enable another person to
send, multiple 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 and to imprisonment for 2 years.

(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) Subsection (1) does not apply to—

   (a)  a person who performs functions in connection with the administration
        of the information systems of an organization, when performing such
        functions; or

   (b)  a telecommunications service provider, when acting in connection with
        the provision of a public telecommunications service.

(5) In this section—

"register" (登記), in relation to an electronic mail address, means—

   (a)  to register with an authority responsible for allocating or assigning
        the electronic mail address or approving its allocation or assignment;
        or

   (b)  to be allocated or assigned the electronic mail address with the
        approval of such an authority;

"scripts" (手稿程式) means a list of instructions or commands to an
information system.

"register" (登記)

"scripts" (手稿程式)