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(2) For the purposes of subsection (1), a person initiates the transmission of a commercial electronic message from a telecommunications device, service or network without authorization if—

(a) he initiates the transmission of the message from that telecommunications device, service or network by any means or in any manner;

(b) he is not entitled to initiate that transmission; and

(c) he has not been authorized to initiate that transmission by any person who is entitled to authorize him to initiate the transmission.

24. Falsifying header information in multiple commercial electronic messages

(1) A person who—

(a) materially falsifies header information in multiple commercial electronic messages that have a Hong Kong link; and

(b) knowingly initiates the transmission of such messages from a telecommunications device, service or network,

commits an offence and is liable on conviction on indictment to a fine and to imprisonment for 10 years.

(2) For the purposes of subsection (1) but subject to subsection (3), a person materially falsifies header information in a commercial electronic message if he falsifies, alters, conceals, deletes or withholds any information in such manner as to impair the ability of the recipient of the message, a telecommunications service provider processing the message or any other person to identify, locate or respond to the person who initiated the transmission of the message.

(3) For the purposes of subsection (1) and in relation to the sending of a commercial electronic message from an electronic address that is a telephone number or facsimile number (“the sending number”), the person initiating the transmission of such a message shall not be treated as having materially falsified header information by reason only that he has performed any operation or issued any instruction in connection with the sending of the message for the purpose of, or that has the effect of, concealing or withholding from the called party the calling line identification information of the sending number.

(4) In this section—

“calling line identification information” (來電線路識別資料) has the same meaning as in section 13(2) (commercial electronic messages must not be sent with calling line identification information concealed);