Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SECT 9

Commercial electronic messages must contain unsubscribe facility

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

   (a)  the message includes—

        (i)    a statement to the effect that the recipient may use an
               electronic address or other electronic means specified in the
               message
("the unsubscribe facility") to send an unsubscribe request to the individual
or organization who authorized the sending of the message; or

        (ii)   a statement to similar effect;

   (b)  the statement is presented in a clear and conspicuous manner;

   (c)  the statement complies with such conditions as are specified in the
        regulations, if any;

   (d)  the unsubscribe facility complies with such conditions as are
        specified in the regulations, if any;

   (e)  if the unsubscribe facility is a telephone number or facsimile number,
        it is a number allocated or assigned by the Authority;

   (f)  the unsubscribe facility is reasonably likely to be capable of
        receiving the recipient's unsubscribe request, if any, at all times
        during a period of at least 30 days after the message is sent; and

   (g)  the unsubscribe request may be sent by the recipient free of any
        charge to the recipient for the use of the unsubscribe facility.

(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.

(3) A person to whom an unsubscribe request is sent under this section shall
ensure that a record of the request is retained in the format in which it was
originally received, or in a format that can be demonstrated to represent
accurately the information originally received, for at least 3 years after its
receipt.

(4) In this section, "unsubscribe request" (取消接收要求), in relation
to a commercial electronic message the sending of which is authorized by an
individual or organization, means—

   (a)  a message to the effect that the registered user of the
        electronic address to which the message is sent does not wish to
        receive, at that electronic address, any further
        commercial electronic messages from or authorized by that individual
        or organization; or

   (b)  a message to similar effect.

"unsubscribe request" (取消接收要求)