Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 43

Recovery of costs and expenses of investigation by Authority

(1) Where a person is convicted by a court of a specified offence on a
prosecution instituted as a result of an investigation by the Authority, the
court may order the person to pay to the Authority the whole or a part of the
costs and expenses of that investigation.

(2) Any costs and expenses awarded to the Authority by an order made under
this section shall constitute a debt due to the Authority from the person
ordered to pay them and are recoverable as a civil debt.

(3) For the avoidance of doubt, this section is without prejudice to any power
conferred on the court under the Costs in Criminal Cases Ordinance ( Cap 492).

(4) In this section, "costs and expenses" (費用及開支), in relation to an
investigation, means staff costs and expenses and the financing of liabilities
paid out of the Office of the Telecommunications Authority Trading Fund in
respect of that investigation.

"costs and expenses" (費用及開支)