Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 60

Liability of directors, partners, etc.

(1) Where an organization has done any act or engaged in any conduct
constituting an offence under this Ordinance, the following person shall,
unless there is evidence showing that he did not authorize the act to be done
or the conduct to be engaged in, be presumed also to have done the act or to
have engaged in the conduct—

   (a)  in the case of a Hong Kong company or other company or body
corporate ("the company")—

        (i)    any director of the company who, at the time the act was done
               or the conduct was engaged in, was responsible for the internal
               management of the company; or

        (ii)   if there was no such director, any person who, at the time the
               act was done or the conduct was engaged in, was responsible
               under the immediate authority of the directors of the company
               for the internal management of the company;

   (b)  in the case of a partnership—

        (i)    any partner in the partnership who, at the time the act was
               done or the conduct was engaged in, was responsible for the
               internal management of the partnership; or

        (ii)   if there was no such partner, any person who, at the time the
               act was done or the conduct was engaged in, was responsible
               under the immediate authority of the partners in the
               partnership for the internal management of the partnership; and

   (c)  in the case of any other organization, any officer of the organization
        or other person who, at the time the act was done or the conduct was
        engaged in, was responsible for the internal management of the
        organization.

(2) A person charged with an offence under this Ordinance by virtue of
subsection (1) is taken not to have done the act in question or not to have
engaged in the conduct in question if—

   (a)  sufficient evidence is adduced to raise an issue that he did not
        authorize the act to be done or the conduct to be engaged in; and

   (b)  the contrary is not proved by the prosecution beyond reasonable doubt.