Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 59

Liability of principals, agents, employers and employees

(1) Any act done or conduct engaged in by a person in the course of
his employment (the "employee") shall be treated for the purposes of this
Ordinance as done or engaged in by his employer as well as by him, whether or
not it was done or engaged in with the employer's knowledge or approval.

(2) Any act done or conduct engaged in by a person as agent for another person
with the authority (whether express or implied, and whether precedent or
subsequent) of that other person shall be treated for the purposes of this
Ordinance as done or engaged in by that other person as well as by him.

(3) In any proceedings for an offence under this Ordinance brought against any
person in respect of an act or conduct alleged to have been done or engaged
in, as the case may be, by an employee or agent of that person, it is a
defence for that person to prove that he took such steps as were practicable
to prevent the employee or agent from doing the act or engaging in the
conduct, or from doing or engaging in, in the course of his employment or
authority, acts or conduct, as the case may be, of that description.

(4) In any proceedings for an offence under this Ordinance brought against any
employee in respect of an act or conduct alleged to have been done or engaged
in, as the case may be, by the employee, it is a defence for the employee to
prove that he did the act or engaged in the conduct in good faith—

   (a)  in the course of his employment; or

   (b)  in accordance with instructions given to him by or on behalf of his
        employer in the course of his employment.

(5) Subsection (4) does not apply to an employee who, at the time the act was
done or the conduct was engaged in, was in a position to make or influence a
decision regarding that act or conduct.