Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 2

Interpretation

(Past version on 01/06/2007).



"account" (帳戶)

"Authority" (電訊局長)

"business" (業務)

"commercial electronic mail message" (商業電郵訊息)

"commercial electronic message" (商業電子訊息)

"consent" (同意)

"court" (法院)

"document" (文件)

"domain name" (域名)

"domain name authority" (域名當局)

"do-not-call register" (拒收訊息登記冊)

"electronic address" (電子地址)

"electronic mail address" (電郵地址)

"electronic message" (電子訊息)

"enforcement notice" (執行通知)

"function" (職能)

"Hong Kong company" (香港公司)

"Hong Kong link" (香港聯繫)

"legal proceedings" (法律程序)

"mistake" (錯誤)

"organization" (機構)

"public telecommunications network" (公共電訊網絡)

"public telecommunications service" (公共電訊服務)

"registered user" (登記使用者)

"regulations" (規例)

"Secretary" (局長)

"send" (發送)

"software" (軟件)

"supply" (供應)

"telecommunications" (電訊)

"telecommunications device" (電訊裝置)

"telecommunications network" (電訊網絡)

"telecommunications service" (電訊服務)

"telecommunications service provider" (電訊服務提供者)

"unsubscribe request" (取消接收要求)

"working day" (工作日)

(1) In this Ordinance, unless the context otherwise requires—

"account" (帳戶) includes—

   (a)  a free account;

   (b)  a pre-paid account; and

   (c)  anything that may reasonably be regarded as the equivalent of an
        account;

"Authority" (電訊局長) means the Telecommunications Authority appointed
under section 5 of the Telecommunications Ordinance ( Cap 106);

"business" (業務) includes a trade or profession;

"commercial electronic mail message" (商業電郵訊息) means a commercial 
electronic message sent to an electronic mail address;

"commercial electronic message" (商業電子訊息) means an
electronic message the purpose, or one of the purposes, of which is—

   (a)  to offer to supply goods, services, facilities, land or an interest in
        land;

   (b)  to offer to provide a business opportunity or an investment
        opportunity;

   (c)  to advertise or promote goods, services, facilities, land or an
        interest in land;

   (d)  to advertise or promote a business opportunity or an investment
        opportunity;

   (e)  to advertise or promote a supplier, or a prospective supplier, of
        goods, services, facilities, land or an interest in land; or

   (f)  to advertise or promote a provider, or a prospective provider, of a
        business opportunity or an investment opportunity,
in the course of or in the furtherance of any business;

"consent" (同意) has the meaning assigned to it by section 5 (meaning of

"consent" and related matters);

"court" (法院) includes a magistrate;

"document" (文件) includes, in addition to a document in writing—

   (a)  a disc, tape or other device in which data other than visual images
        are embodied so as to be capable, with or without the aid of some
        other equipment, of being reproduced from the disc, tape or other
        device; and

   (b)  a film, tape or other device in which visual images are embodied so as
        to be capable, with or without the aid of some other equipment, of
        being reproduced from the film, tape or other device;

"domain name" (域名) means a string (any sequence or combination of letters,
characters, numbers or symbols of any language) registered with or allocated
or assigned by a domain name authority as part of an electronic  address on
the Internet;

"domain name authority" (域名當局) means a domain name registrar,
domain name registry or other domain name registration body;

"do-not-call register" (拒收訊息登記冊) means a register established
and kept under section 31 (Authority may establish do-not-call registers);

"electronic address" (電子地址) means a string (any sequence or
combination of letters, characters, numbers or symbols of any language) used
to specify a source or destination of an electronic message and includes, but
is not limited to, an electronic mail address, Internet protocol address,
instant messaging account name, telephone number and facsimile number;

"electronic mail address" (電郵地址) means an electronic address
consisting of
a user name or mailbox (commonly referred to as the "local part") and a
reference to a domain name (commonly referred to as the "domain part"),
whether or not displayed, to which an electronic message can be sent;

"electronic message" (電子訊息) includes a message in any form sent over a
public telecommunications service to an electronic address and includes, but
is not limited to—

   (a)  a text, voice, sound, image or video message; and

   (b)  a message combining text, voice, sound, images or video;

"enforcement notice" (執行通知) means a notice under section 38(1)
(Authority may issue enforcement notice);

"function" (職能) includes a power and a duty;

"Hong Kong company" (香港公司) means—

   (a)  a company within the meaning assigned by section 2(1) of the
        Companies Ordinance ( Cap 32); or

   (b)  a body corporate that is incorporated or otherwise established by or
        under any other Ordinance;

"Hong Kong link" (香港聯繫) has the meaning assigned to it by section 3

        (meaning of "Hong Kong link");


"legal proceedings" (法律程序) means legal proceedings of any kind,
whether civil or criminal and whether under this Ordinance or otherwise;

"mistake" (錯誤) means a reasonable mistake of fact;

"organization" (機構) includes—

   (a)  a Hong Kong company;

   (b)  any other company or body corporate, wherever incorporated or
        otherwise established; and

   (c)  a partnership or other unincorporated body of persons, whether formed
        or established in Hong Kong or elsewhere;

"public telecommunications network" (公共電訊網絡) means a
telecommunications  network offered for use by the general public;

"public telecommunications service" (公共電訊服務) has the meaning
assigned to it by section 2(1) of the Telecommunications Ordinance ( Cap 106);

"registered user" (登記使用者), in relation to the sending of a
commercial  electronic message to an electronic address, means—

   (a)  if the electronic address is an electronic mail address, the
        individual or organization who is responsible for the relevant
        electronic  mail address account;

   (b)  if the message is sent to an electronic address in connection with an
        instant messaging service, the individual or organization who is
        responsible for the relevant instant messaging account;

   (c)  if the electronic address is a telephone number or facsimile number,
        the individual or organization who is responsible for the relevant
        telephone or facsimile account; or

   (d)  in any other case, the individual or organization who is responsible
        for the relevant electronic address account,
and, if 2 or more individuals or organizations are jointly responsible for
such an account, means any of those individuals or organizations;

"regulations" (規例) means regulations made under section 62 (regulations);

"Secretary" (局長) means the Secretary for Commerce and Economic
Development; (Amended L.N. 141 of 2007)

"send" (發送) has the meaning assigned to it by section 4 (meaning of "send"
and related matters);

"software" (軟件) includes a combination of software and associated data;

"supply" (供應) means supply by way of sale, transfer, exchange, lease, hire
or hire-purchase;

"telecommunications" (電訊) has the meaning assigned to it by section 2(1)
of the Telecommunications Ordinance ( Cap 106);

"telecommunications device" (電訊裝置) includes any computer, instrument,
apparatus or equipment used for the purpose of telecommunications;

"telecommunications network" (電訊網絡) has the meaning assigned to it by
section 2(1) of the Telecommunications Ordinance ( Cap 106);

"telecommunications service" (電訊服務) has the meaning assigned to it by
section 2(1) of the Telecommunications Ordinance ( Cap 106);

"telecommunications service provider" (電訊服務提供者) means a licensee
as defined in section 2(1) of the Telecommunications Ordinance ( Cap 106);

"unsubscribe request" (取消接收要求) has the meaning assigned to it by
section  9 (4) (commercial electronic messages must contain unsubscribe
facility);

"working day" (工作日) means any day other than a public holiday or a black
rainstorm warning day or gale warning day within the meaning assigned by
section 71(2) of the Interpretation and General Clauses Ordinance ( Cap 1).

(2) For the purposes of paragraphs (a), (b), (c), (d), (e) and (f)
of the definition of "commercial electronic message" in subsection (1), it is
immaterial whether—

   (a)  the goods, services, facilities, land, interest in land, business
        opportunity or investment opportunity exists; or

   (b)  it is lawful to acquire the goods, services, facilities, land,
        interest in land, business opportunity or investment opportunity.

(3) For the purposes of the definition of "electronic message" in subsection
(1), it is immaterial whether—

   (a)  the electronic address exists; or

   (b)  the message reaches its intended destination.

(4) In this Ordinance, a reference to the performance of a function includes
the exercise of a power and the discharge of a duty.

(5) For the avoidance of doubt, references in this Ordinance to organizations
shall not be construed as implying that references to persons do not include
companies, bodies corporate, partnerships or other bodies of persons.

(6) Where, in any provision of this Ordinance, a reference is made to another
provision of this Ordinance and the reference is followed by text in
parenthesis that purports to be descriptive of the subject matter of the
provision referred to, the text in parenthesis shall be treated as having been
provided for information only and does not have any legislative effect.