Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 34

Authority may issue directions to telecommunications service providers

(1) Subject to subsections (2) and (3), the Authority may, by notice in
writing served on a telecommunications service provider, issue directions to
the telecommunications service provider requiring it to—

   (a)  take such action as the Authority considers necessary for the purpose
        of assisting the Authority to determine whether to commence an
        investigation into a contravention or suspected contravention of a
        provision of this Ordinance;

   (b)  take such action as the Authority considers necessary for the purpose
        of assisting or enabling the Authority to investigate a contravention
        or suspected contravention of a provision of this Ordinance; or

   (c)  provide information to the Authority for the purpose of assisting or
        enabling the Authority to establish, operate or administer a
        do-not-call register, and the telecommunications service provider
        shall give effect to such directions before a date specified in the
        notice, being a date reasonable in all the circumstances of the case.

(2) No directions shall be issued to a telecommunications service  provider
under subsection (1) in relation to a matter for which the Authority may serve
a notice on the telecommunications service provider under section 36
(Authority may obtain information or documents relevant to investigation) or
section 38 (Authority may issue enforcement notice).

(3) No directions shall be issued to a telecommunications service  provider
under subsection (1) unless the Authority is satisfied that the
telecommunications service provider has been afforded a reasonable opportunity
to make representations to the Authority.