Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 29

Authority may approve codes of practice

(1) Subject to subsection (3), for the purpose of providing practical guidance
in respect of the application or operation of any provision of this Ordinance,
the Authority may—

   (a)  approve and issue such codes of practice (whether prepared by him or
        not) as in his opinion are suitable for that purpose; and

   (b)  approve such codes of practice issued or proposed to be issued
        otherwise than by him as in his opinion are suitable for that purpose.

(2) A code of practice—

   (a)  may consist of a code, standard, rule, specification or any other
        documentary form of practical guidance prepared by the Authority or
        other body or authority; and

   (b)  may apply, incorporate or refer to any document that has been
        formulated or published by a body or authority either as in force at
        the time the document is approved by the Authority or as amended,
        formulated or published from time to time.

(3) Where a code of practice is approved under subsection (1), the Authority
shall, by notice published in the Gazette—

   (a)  identify the code concerned and specify the date on which its approval
        is to take effect; and

   (b)  specify the provision or provisions of this Ordinance for which the
        code is so approved.

(4) The Authority may—

   (a)  from time to time revise the whole or any part of any code of 
        practice prepared by him under this section; and

   (b)  approve any revision or proposed revision of the whole or any part of
        any code of practice for the time being approved under this section.

(5) The provisions of subsection (3) shall, with the necessary modifications,
apply in relation to any revision or approval under subsection (4) as they
apply in relation to the approval of a code of  practice under subsection (1).

(6) The Authority may at any time withdraw his approval from any
code of practice approved under this section.

(7) Where under subsection (6) the Authority withdraws his approval from a
code of practice approved under this section, he shall, by notice published in
the Gazette, identify the code concerned and specify the date on which its
approval is to cease to have effect.

(8) References in this Ordinance to an approved code of practice are
references to that code as approved under this section and as it has effect
for the time being, including by virtue of any revision of the whole or any
part of it approved under this section.

(9) The power of the Authority under subsection (1)(b) to approve a
code of practice issued or proposed to be issued otherwise than by him shall
include the power to approve a part of such a code and, accordingly,
in this Ordinance, "code of practice" may be read as including a part of such
a code.

(10) A code of practice approved under this section and a notice published
under subsection (3) or (7) are not subsidiary legislation.