Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 38

Authority may issue enforcement notice

(1) Where the Authority is of the opinion that any person—

   (a)  is contravening any provision of Part 2 (rules about sending
        commercial electronic messages); or

   (b)  has contravened any provision of Part 2 (rules about sending
        commercial electronic messages) in circumstances that make it likely
        that the contravention will continue or be repeated, then the
        Authority may serve a notice in writing on the person, accompanied by
        a copy of this section in Chinese and English—

   (c)  stating that he is of that opinion;

   (d)  specifying the contravention as to which he is of that opinion and the
        reasons why he believes it is a contravention; and

   (e)  directing the person to take such steps as are specified in the notice
        to remedy the contravention or the matters occasioning the service of
        the notice, as the case may be, within such period as is specified in
        the notice.

(2) The steps specified in an enforcement notice to remedy any contravention
or matter to which the notice relates may be framed—

   (a)  to any extent by reference to any approved code of practice; and

   (b)  so as to afford the relevant person a choice between different ways of
        remedying the contravention or matter, as the case may be.

(3) Subject to subsection (4), the period specified in an enforcement notice
for taking the steps specified in it shall not expire before the end of the
period specified in section 48 (appeals to Appeal Board) within which an
appeal against the notice may be made.

(4) If the Authority is of the opinion that by reason of special circumstances
the steps specified in an enforcement notice should be taken as a matter of
urgency—

   (a)  he may include a statement to that effect in the notice together with
        the reasons why he is of that opinion; and

   (b)  where such a statement is so included, subsection (3) shall not apply
        but the notice shall not require those steps to be taken before the
        end of the period of 7 days beginning with the date on which the
        notice was served.

(5) The Authority may cancel an enforcement notice by notice in writing served
on the relevant person.