Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/32

37. Disclosure of information and documents given or produced under section 36

(1) The Authority shall not disclose any information or document given or produced to him under section 36 (Authority may obtain information or documents relevant to investigation) unless he is satisfied that—

(a) it is necessary to disclose the information or document for the purposes of a proceeding under subsection (3) of that section;

(b) it is necessary to disclose the information or document for the purposes of—

(i) the prevention or detection of crime;

(ii) the apprehension, prosecution or detention of offenders; or

(iii) the fulfilment of any obligation under an international agreement applicable to Hong Kong and relating to unsolicited electronic messages; or

(c) it is otherwise in the public interest to disclose the information or document.

(2) The Authority shall not disclose any information or document given or produced to him under section 36 (Authority may obtain information or documents relevant to investigation) unless he has given the person who gave or produced the information or document to the Authority a reasonable opportunity to make representations on the proposed disclosure, and the Authority shall consider all representations made to him before he makes a decision whether or not to disclose the information or document, as the case may be.

38. Authority may issue enforcement notice

(1) Where the Authority is of the opinion that any person—

(a) is contravening any provision of Part 2 (rules about sending commercial electronic messages); or

(b) has contravened any provision of Part 2 (rules about sending commercial electronic messages) in circumstances that make it likely that the contravention will continue or be repeated,

then the Authority may serve a notice in writing on the person, accompanied by a copy of this section in Chinese and English—

(c) stating that he is of that opinion;

(d) specifying the contravention as to which he is of that opinion and the reasons why he believes it is a contravention; and

(e) directing the person to take such steps as are specified in the notice to remedy the contravention or the matters occasioning the service of the notice, as the case may be, within such period as is specified in the notice.