Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 31

Authority may establish do-not-call registers

(1) The Authority may establish and keep one or more registers of
electronic addresses for the purposes of this Ordinance, each of which is to
be known as a do-not-call register, and may do all things necessary for, or
incidental or conducive to, the establishment, operation and administration of
such registers.

(2) The purposes of a do-not-call register are—

   (a)  to provide registered users of electronic addresses with a convenient
        means by which they may notify senders of commercial electronic 
        messages that they do not wish to receive such messages at those
        electronic addresses; and

   (b)  to provide senders of commercial electronic messages with a convenient
        means by which they may ascertain whether a registered user of an
        electronic address does not wish to receive unsolicited commercial 
        electronic messages at that electronic address.

(3) Without limiting the generality of subsection (1), the Authority may
establish and keep separate do-not-call registers for different kinds of
electronic addresses.

(4) Without limiting the generality of subsection (1), a do-not-call register
may be kept in such form as the Authority considers appropriate including—

   (a)  in a documentary form; or

   (b)  in a form other than a documentary form.

(5) If a do-not-call register is kept in a form other than a documentary form,
then the information contained in it must be capable of being reproduced in a
legible form.

(6) A document purporting to be—

   (a)  a copy of an entry in or extract of a do-not-call register; and

   (b)  certified by the Authority or an authorized officer as a true copy of
        the entry or extract referred to in paragraph (a), shall be admissible
        as evidence of its contents in any legal proceedings.

(7) A certificate purporting to be signed by the Authority or an
authorized officer and stating that an electronic address was or was not
listed in a do-not-call register at a date specified in the certificate shall
be admissible as evidence of its contents in any legal proceedings.