Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 30

Use of approved codes of practice in legal proceedings

(1) A failure on the part of any person to observe any provision of an
approved code of practice shall not of itself render that person liable to
legal proceedings.

(2) However, if, in any legal proceedings, the court is satisfied that a
provision of an approved code of practice is relevant to determining a matter
that is in issue in the proceedings—

   (a)  the code of practice is admissible in evidence in the proceedings; and

   (b)  proof that the person contravened or did not contravene a relevant
        provision of the code of practice may be relied on by any party to the
        proceedings as tending to establish or negate that matter.

(3) In any legal proceedings, a code of practice that appears to a court to be
the subject of a notice under section 29(3) (Authority may approve codes of
practice) shall, in the absence of evidence to the contrary, be presumed to be
the subject of such notice.

(4) In any legal proceedings, a document that purports to be a copy of a
code of practice that is the subject of a notice under section 29(3)
(Authority may approve codes of practice) shall, in the absence of evidence to
the contrary, be presumed to be a true copy of the code.

(5) In this section, "court" (法院) includes—

   (a)  a magistrate;

   (b)  the Unsolicited Electronic Messages (Enforcement Notices) Appeal Board
        established under section 47(1); and

   (c)  any other tribunal.

"court" (法院)