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UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE

Ord. No. 9 of 2007
A451


PART 5
Administration and Enforcement

27. Interpretation of Part 5

In this Part—

“approved code of practice” (認可實務守則) has the meaning assigned to it by section 29(8) (Authority may approve codes of practice);

“authorized officer” (獲授權人員) means a public officer authorized by the Authority under section 28 (Authority may appoint authorized officers);

“specified offence” (指明罪行) means an offence under this Part or Part 3 (rules about address-harvesting and related activities) or Part 7 (miscellaneous).

28. Authority may appoint authorized officers

The Authority may authorize in writing any public officer to perform any of the functions conferred or imposed on authorized officers by this Part as are specified in the authorization.

29. Authority may approve codes of practice

(1) Subject to subsection (3), for the purpose of providing practical guidance in respect of the application or operation of any provision of this Ordinance, the Authority may—

(a) approve and issue such codes of practice (whether prepared by him or not) as in his opinion are suitable for that purpose; and
(b) approve such codes of practice issued or proposed to be issued otherwise than by him as in his opinion are suitable for that purpose.

(2) A code of practice—

(a) may consist of a code, standard, rule, specification or any other documentary form of practical guidance prepared by the Authority or other body or authority; and
(b) may apply, incorporate or refer to any document that has been formulated or published by a body or authority either as in force at the time the document is approved by the Authority or as amended, formulated or published from time to time.

(3) Where a code of practice is approved under subsection (1), the Authority shall, by notice published in the Gazette—

(a) identify the code concerned and specify the date on which its approval is to take effect; and