Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 3

Meaning of "Hong Kong link"

(1) For the purposes of this Ordinance, a commercial electronic  message has a
Hong Kong link if, and only if—

   (a)  the message originates in Hong Kong;

   (b)  the individual or organization who sent the message or authorized the
        sending of the message is—

        (i)    an individual who is physically present in Hong Kong when the
               message is sent;

        (ii)   an organization (other than a Hong Kong company) that is
               carrying on business or activities in Hong Kong when the
               message is sent; or

        (iii)  a Hong Kong company;

   (c)  the telecommunications device that is used to access the message is
        located in Hong Kong;

   (d)  the registered user of the electronic address to which the message is
        sent is—

        (i)    an individual who is physically present in Hong Kong when the
               message is accessed; or

        (ii)   an organization that is carrying on business or activities in
               Hong Kong when the message is accessed; or

   (e)  the message is sent to an electronic address that is allocated or
        assigned by the Authority.

(2) For the purposes of subsection (1)(b), (c), (d) and (e), it is immaterial
whether the commercial electronic message originates in Hong Kong or
elsewhere.

(3) For the purposes of subsection (1)(b)(iii), it is immaterial whether the
commercial electronic message is sent, or is authorized to be sent, from Hong
Kong or elsewhere.

"Hong Kong link"