Legislative Council of Hong Kong

Summary

Legislative Council of Hong Kong Unsolicited Electronic Messages Ordinance (2007)

For the purposes of any legal proceedings, if a commercial electronic message is sent and at the relevant time the telecommunications device, service or network from which it was sent was controlled by a person without the knowledge of the owners or authorized users of the telecommunications device, service or network, the owners or authorized users shall, unless the contrary is proved, be presumed not to have sent the message and not to have authorized the message to be sent.
Source: Wikisource

Legislative Council of Hong Kong Unsolicited Electronic Messages Ordinance (2007)

Where a magistrate is satisfied by information on oath that there are reasonable grounds for suspecting that there is, or is likely to be, in or on any premises or place any telecommunications device or other thing that is or that contains, or that is likely to be or to contain, evidence of the commission of a specified offence, the magistrate may issue a warrant authorizing the Authority or an authorized officer to enter and search the premises or place.
Source: Wikisource

Legislative Council of Hong Kong Unsolicited Electronic Messages Ordinance (2007)

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.
Source: Wikisource

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