Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 35

Authority may impose financial penalties

(1) The Authority may, by notice in writing served on a
telecommunications service provider, require the telecommunications 
service provider to pay to the Government the financial penalty specified in
the notice in any case where it fails to comply with any direction issued in
respect of the telecommunications service provider under section  34
(Authority may issue directions to telecommunications service  providers).

(2) A financial penalty imposed on a telecommunications service  provider
under subsection (1) shall not exceed—

   (a)  $50000 for the first occasion on which a financial penalty is so
        imposed;

   (b)  $100000 for the second occasion on which a financial penalty is so
        imposed; and

   (c)  $200000 for any subsequent occasion on which a financial penalty is so
        imposed.

(3) The Authority shall not impose a financial penalty under this section
unless, in all the circumstances of the case, the financial penalty is
proportionate and reasonable in relation to the failure or series of failures
concerned giving rise to that financial penalty.

(4) The Authority shall not impose a financial penalty under this section
unless he has given the telecommunications service provider concerned a
reasonable opportunity to make representations, and the Authority shall
consider all representations made to him before he makes a decision whether or
not to impose a financial penalty.

(5) Subsection (1) shall not apply in the case of the
telecommunications service provider concerned unless the Authority is
satisfied that it has been afforded a reasonable opportunity of complying with
the direction in respect of which that subsection is sought to be applied.

(6) A financial penalty imposed under this section is recoverable as a civil
debt due to the Government.