UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE
35. Authority may impose financial penalties
(1) The Authority may, by notice in writing served on a telecommunications service provider, require the telecommunications service provider to pay to the Government the financial penalty specified in the notice in any case where it fails to comply with any direction issued in respect of the telecommunications service provider under section 34 (Authority may issue directions to telecommunications service providers).
(2) A financial penalty imposed on a telecommunications service provider under subsection (1) shall not exceed—
- (a) $50,000 for the first occasion on which a financial penalty is so imposed;
- (b) $100,000 for the second occasion on which a financial penalty is so imposed; and
- (c) $200,000 for any subsequent occasion on which a financial penalty is so imposed.
(3) The Authority shall not impose a financial penalty under this section unless, in all the circumstances of the case, the financial penalty is proportionate and reasonable in relation to the failure or series of failures concerned giving rise to that financial penalty.
(4) The Authority shall not impose a financial penalty under this section unless he has given the telecommunications service provider concerned a reasonable opportunity to make representations, and the Authority shall consider all representations made to him before he makes a decision whether or not to impose a financial penalty.
(5) Subsection (1) shall not apply in the case of the telecommunications service provider concerned unless the Authority is satisfied that it has been afforded a reasonable opportunity of complying with the direction in respect of which that subsection is sought to be applied.
(6) A financial penalty imposed under this section is recoverable as a civil debt due to the Government.
36. Authority may obtain information or documents relevant to investigation
(1) If the Authority is satisfied that there are reasonable grounds for believing that a person is, or is likely to be, in possession of information (including but not limited to passwords) or a document that is relevant to the Authority’s investigation of a contravention or suspected contravention of a provision of this Ordinance, the Authority may serve a notice in writing on the person, accompanied by a copy of this section in Chinese and English—
- (a) requesting the person to—
