Hong Kong Ordinances

UNSOLICITED ELECTRONIC MESSAGES ORDINANCE - SCHEDULE 1

EXEMPTIONS

(Past version on 01/06/2007).

[section 7]

1.	Interpretation

(1)	In this Schedule—
"sound broadcasting service" (聲音廣播服務) means—
(a)	a service that includes broadcasting as defined in section 
13A(1) of the Telecommunications Ordinance (Cap 106); or
(b)	a service of a like nature;
"television programme service" (電視節目服務) means—
(a)	a television programme service as  defined in section 2(1) of 
the Broadcasting Ordinance (Cap 562); or
(b)	a service of a like nature.
(2)	For the avoidance of doubt, the exemption of a matter from the 
application of Part 2 of this Ordinance (rules about sending commercial 
electronic messages) in accordance with Table 2 shall not be construed as 
implying that the other provisions of this Ordinance apply to that matter.

2.	Exemptions

(1)	The matters described in an item in Table 1 are exempt from the 
application of this Ordinance.
(2)	The matters described in an item in column 1 in Table 2 are 
exempt from the application of Part 2 of this Ordinance (rules about 
sending commercial electronic messages) subject to the conditions, if any, 
specified in column 2 of that item.

TABLE 1

MATTERS EXEMPTED FROM APPLICATION OF ORDINANCE

Item	Description of exempt matter
	
1.	Voice, sound, image or video messages, or messages combining text, 
voice, sound, images or video, that involve person-to-person interactive 
communications between a caller and a recipient without any pre-recorded 
or synthesized (machine-generated or simulated) element.
	
2.	Voice, sound, image or video messages, or messages combining text, 
voice, sound, images or video, that involve—
	(a) person-to-person interactive communications between a caller and a 
recipient; and
	(b) a pre-recorded or synthesized (machine-generated or simulated) element,
	whereby the pre-recorded or synthesized element is activated in response 
to information communicated by the caller.
	
3.	Television programme services, whether or not licensed under the 
Broadcasting Ordinance (Cap 562).
	
4.	Sound broadcasting services, whether or not licensed under the 
Telecommunications Ordinance (Cap 106).

 TABLE 2

MATTERS EXEMPTED FROM APPLICATION
OF PART 2 OF ORDINANCE

	Column 1
		Column 2

Item	
	Description of exempt matter
		Conditions to which
		exemption is subject
1.	Any commercial electronic message sent to a person that meets the 
following conditions—
	(a) the message is sent in response to information communicated to the 
sender by that person (including but not limited to information 
communicated through the Internet);
	(b) the information is communicated to the sender by that person either 
directly or in consequence of the conduct of that person;
	(c) the message would not have been sent but for the communication of that 
information; and
	(d) the message is of a kind that the person would normally expect to 
receive as a result of the communication of that information.
		The exemption is subject to the condition that the commercial electronic 
message is sent to the person within a reasonable time after the 
information is communicated to the sender by that person.
2.	Any electronic message the primary purpose of which is—
	(a) to facilitate, complete or confirm a commercial transaction that the 
recipient has previously agreed to enter into with the sender;
	(b) to provide warranty information, product recall information or safety 
or security information with respect to a commercial product or service 
purchased or used by the recipient; or
	(c) to deliver goods or services, including product updates or upgrades, 
that the recipient is entitled to receive under the terms of a transaction 
that the recipient has previously agreed to enter into with the sender.
		Not applicable.
3.	Any electronic message the primary purpose of which is to provide—
	(a) notification concerning a change in the terms or features of;
	(b) notification of a change in the recipient's standing or status with 
respect to; or
	(c) at regular periodic intervals, account balance information or other 
type of account statement with respect to,
	a subscription, membership, account, loan or comparable ongoing commercial 
relationship involving the ongoing purchase or use by the recipient of 
goods or services offered by the sender.
		Not applicable.
4.	Any electronic message the primary purpose of which is to provide 
information directly related to an employment relationship or a related 
benefit plan in which the recipient is currently involved, participating 
or enrolled.	Not applicable.
participating or enrolled. Not applicable.