Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 21

Interpretation of Part 4

PART 4

FRAUD AND OTHER ILLICIT ACTIVITIES RELATED TO TRANSMISSION OF COMMERCIAL
ELECTRONIC MESSAGES

(1) In this Part—

"initiate" (啟動), in relation to a commercial electronic message, means—

   (a)  to originate or send such a message;

   (b)  to procure the origination or sending of such a message; or

   (c)  to attempt to originate or send, or procure the origination or sending
        of, such a message,
but does not include actions that constitute the routine  conveyance of such a
message;

"routine conveyance" (例行傳遞) means the transmission, routing, relaying,
handling or storing, through an automatic technical process, of an
electronic message in relation to which message another person has identified
the recipient or provided the recipient's electronic address.

(2) For the purposes of this Part, a person initiates the transmission of
multiple commercial electronic messages from a telecommunications device,
service or network if he initiates the transmission of more than 100
commercial electronic messages during a 24-hour period, or more than 1000
commercial electronic messages during a 30-day period, from that
telecommunications device, service or network.

(3) For the purposes of this Part, more than one person may be considered to
have initiated the transmission of a commercial electronic  message or
multiple commercial electronic messages.

"initiate" (啟動)

"routine conveyance" (例行傳遞)