Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 58

Offences relating to misuse of information

(1) No person to whom an unsubscribe request is sent under section  9
(commercial electronic messages must contain unsubscribe facility) shall use
any information obtained thereby other than for the purpose of complying with
the requirements of that section or section 10 (commercial electronic messages
must not be sent after unsubscribe request is sent).

(2) No person to whom any information contained in a do-not-call  register is
made available under section 33 (access to do-not-call  registers) shall use
any information obtained thereby other than for the purpose described in
section 31(2)(b) (Authority may establish do-not-call  registers).

(3) A person who contravenes subsection (1) or (2) commits an offence and is
liable on summary conviction to a fine at level 6.

(4) A person who knowingly contravenes subsection (1) or (2) commits an
offence and is liable on conviction on indictment to a fine of $1000000 and to
imprisonment for 5 years.

(5) It is a defence to a charge for an offence under subsection (3) for the
person charged to prove that he took all reasonable precautions and exercised
all due diligence to avoid the commission of the offence.