Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 4

Meaning of "send" and related matters

(1) For the purposes of this Ordinance, "send" (發送), in relation to an
electronic message, includes cause to be sent and attempt to send.

(2) For the purposes of this Ordinance (including subsection (3)), if an
individual authorizes the sending of a commercial electronic message and he
does so on behalf of an organization, then—

   (a)  the organization shall be treated as authorizing the sending of the
        message; and

   (b)  the individual shall be treated as not authorizing the sending of the
        message.

(3) For the purposes of this Ordinance, if—

   (a)  a commercial electronic message is sent by an individual or
        organization; and

   (b)  the sending of the message is not authorized by any other individual
        or organization, the first-mentioned individual or organization shall
        be treated as authorizing the sending of the message.

(4) For the purposes of any legal proceedings, a telecommunications 
service provider who merely provides a service that enables a commercial 
electronic message to be sent shall, unless the contrary is proved, be
presumed not to have sent the message and not to have authorized the message
to be sent.

(5) For the purposes of any legal proceedings, if a commercial 
electronic message is sent and at the relevant time the telecommunications 
device, service or network from which it was sent was controlled by a person
without the knowledge of the owners or authorized users of the
telecommunications device, service or network, the owners or authorized users
shall, unless the contrary is proved, be presumed not to have sent the message
and not to have authorized the message to be sent.

(6) In subsection (5), "control" (控制) means either physical control or
control through the use of software or other means.

"send" (發送)

"control" (控制)