Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 57

Claims for loss or damage

PART 7

MISCELLANEOUS

(1) A person who suffers loss or damage by reason of a
contravention of any provision of this Ordinance ("the claimant") shall be
entitled to bring proceedings against the person who committed the
contravention.

(2) For the purposes of subsection (1), it is immaterial whether—

   (a)  the contravention constitutes an offence; or

   (b)  the person who committed the contravention has been convicted of an
        offence in relation to the contravention.

(3) Subject to subsection (6), proceedings under subsection (1) shall be
brought in the District Court but all such remedies shall be obtainable in
such proceedings as, apart from this subsection, would be obtainable in the
Court of First Instance.

(4) Without limiting the generality of subsection (3), the District Court may,
if it considers it fair, just and reasonable in the circumstances to do so—

   (a)  make a declaration that the respondent has committed an act, or
        engaged in conduct, in contravention of this Ordinance;

   (b)  order that the respondent shall perform any reasonable act or course
        of conduct to redress any loss or damage suffered by the claimant;

   (c)  order that the respondent shall pay to the claimant compensation by
        way of damages for any loss or damage suffered by the  claimant by
        reason of the respondent's act or conduct; and

   (d)  grant an injunction or any other appropriate remedy, order or relief
        against the respondent.

(5) By virtue of this subsection and notwithstanding any other enactment or
rule of law, the District Court shall have jurisdiction to hear and determine
any proceedings under subsection (1) and shall have all such powers as are
necessary or expedient for it to have in order to provide, grant or make any
remedy, injunction, order or relief referred to in subsection (4).

(6) Where an amount claimed for loss or damage under subsection (1) does not
exceed the amount referred to in paragraph 1 of the Schedule to the
Small Claims Tribunal Ordinance ( Cap 338), the proceedings shall be brought
in the Small Claims Tribunal, and that Ordinance shall apply to the claim in
the same manner as if it were a monetary claim founded in tort as referred to
in that paragraph.

(7) The Limitation Ordinance ( Cap 347) shall apply, with necessary
modifications, to a claim under this section in the same manner as it applies
to an action founded on tort.

(8) For the avoidance of doubt, nothing in this section affects, limits or
diminishes any rights, privileges, obligations or liabilities conferred or
imposed on a person under any other enactment or rule of law.