Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 8

Commercial electronic messages must include accurate sender information

PART 2

RULES ABOUT SENDING COMMERCIAL ELECTRONIC MESSAGES

(1) A person shall not send a commercial electronic message that has a
Hong Kong link unless—

   (a)  the message includes clear and accurate information identifying the
        individual or organization who authorized the sending of the message;

   (b)  the message includes clear and accurate information about how the
        recipient can readily contact that individual or organization;

   (c)  the message includes such information and complies with such
        conditions as is or are specified in the regulations, if any; and

   (d)  the information included in the message in compliance with this
        subsection is reasonably likely to be valid for at least 30 days after
        the message is sent.

(2) Subsection (1) does not apply if the person—

   (a)  sent the commercial electronic message by mistake; or

   (b)  did not know, and could not with reasonable diligence have
        ascertained, that the message had a Hong Kong link.