HKLII Hong Kong Ordinances

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UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 25

Registering for electronic addresses or domain names using information that falsifies identity of actual registrant

(1) A person who—

   (a)  registers, using information that materially falsifies the identity of
        the actual registrant, for 5 or more electronic addresses or 2 or more
        domain names; and

   (b)  knowingly initiates the transmission of multiple commercial 
        electronic messages that have a Hong Kong link from any of such
        electronic  addresses or domain names or from any combination of such
        electronic  addresses or domain names, commits an offence and is
        liable on conviction on indictment to a fine and to imprisonment for
        10 years.

(2) For the purposes of subsection (1), a person uses information that
materially falsifies the identity of the actual registrant if he falsifies,
alters, conceals, deletes or withholds any information in such manner as to—

   (a)  impair the ability of the relevant authority responsible for
        allocating or assigning the electronic address or approving its
        allocation or assignment or the relevant domain name authority, as the
        case may be, to identify or locate the actual registrant; or

   (b)  impair the ability of the recipient of any commercial 
        electronic message transmitted from the electronic address or
        domain name, a telecommunications service provider processing the
        message or any other person to identify, locate or respond to the
        person who initiated the transmission of the message.

(3) In this section, "register" (登記、註冊) means—

   (a)  in relation to an electronic address—

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

        (ii)   to procure the allocation or assignment of the electronic 
               address, or the approval of its allocation or assignment, by
               such an authority; and

   (b)  in relation to a domain name, to register the domain name with, or to
        procure its allocation or assignment by, any domain name authority.

"register" (登記、註冊)



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