Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/10

4. Meaning of “send” and related matters

(1) For the purposes of this Ordinance, “send” (發送), in relation to an electronic message, includes cause to be sent and attempt to send.

(2) For the purposes of this Ordinance (including subsection (3)), if an individual authorizes the sending of a commercial electronic message and he does so on behalf of an organization, then—

(a) the organization shall be treated as authorizing the sending of the message; and

(b) the individual shall be treated as not authorizing the sending of the message.

(3) For the purposes of this Ordinance, if—

(a) a commercial electronic message is sent by an individual or organization; and

(b) the sending of the message is not authorized by any other individual or organization,

the first-mentioned individual or organization shall be treated as authorizing the sending of the message.

(4) For the purposes of any legal proceedings, a telecommunications service provider who merely provides a service that enables a commercial electronic message to be sent shall, unless the contrary is proved, be presumed not to have sent the message and not to have authorized the message to be sent.

(5) 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.

(6) In subsection (5), “control” (控制) means either physical control or control through the use of software or other means.

5. Meaning of “consent” and related matters

(1) For the purposes of this Ordinance—

“consent” (同意), in relation to the sending of a commercial electronic message, means—

(a) express consent; or

(b) consent that can reasonably be inferred from the conduct of the individual or organization concerned;

“withdraw” (撤回), in relation to consent, means to expressly withdraw that consent.