Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 5

Meaning of "consent" and related matters

(1) For the purposes of this Ordinance—

"consent" (同意), in relation to the sending of a commercial electronic 
message, means—

   (a)  express consent; or

   (b)  consent that can reasonably be inferred from the conduct of the
        individual or organization concerned;

"withdraw" (撤回), in relation to consent, means to expressly withdraw that
consent.

(2) For the purposes of this Ordinance, consent to the sending of a
commercial electronic message may be given, and such consent may be withdrawn,
by means of an electronic message or in any other manner.

(3) For the purposes of this Ordinance, the registered user of an
electronic address shall be treated as having given his consent to the sending
of a commercial electronic message to that electronic address if the
registered user or a person on his behalf—

   (a)  has, either in response to a clear and conspicuous request for consent
        or at his own initiative, given his consent to the sending of the
        message; and

   (b)  has not, within a reasonable period of time prior to the sending of
        the message, withdrawn that consent.

(4) For the purposes of this Ordinance (including subsection (3)), if a person
other than the registered user of an electronic address uses the relevant
account to send an electronic message about—

   (a)  consent; or

   (b)  withdrawal of consent, that person shall be treated as having been
        authorized to send that message on behalf of the registered user.

(5) Subsection (4) shall not be construed as limiting the circumstances in
which a person other than the registered user of an electronic address may—

   (a)  consent; or

   (b)  withdraw consent, on behalf of the registered user.

(6) For the avoidance of doubt, the registered user of an electronic address
may at any time withdraw any consent given by him to the sending of a
commercial electronic message.

"consent" (同意)

"withdraw" (撤回)