Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/33

(2) The steps specified in an enforcement notice to remedy any contravention or matter to which the notice relates may be framed—

(a) to any extent by reference to any approved code of practice; and

(b) so as to afford the relevant person a choice between different ways of remedying the contravention or matter, as the case may be.

(3) Subject to subsection (4), the period specified in an enforcement notice for taking the steps specified in it shall not expire before the end of the period specified in section 48 (appeals to Appeal Board) within which an appeal against the notice may be made.

(4) If the Authority is of the opinion that by reason of special circumstances the steps specified in an enforcement notice should be taken as a matter of urgency—

(a) he may include a statement to that effect in the notice together with the reasons why he is of that opinion; and

(b) where such a statement is so included, subsection (3) shall not apply but the notice shall not require those steps to be taken before the end of the period of 7 days beginning with the date on which the notice was served.

(5) The Authority may cancel an enforcement notice by notice in writing served on the relevant person.

39. Offence relating to enforcement notices

(1) A person who contravenes an enforcement notice served on him under section 38 (Authority may issue enforcement notice) commits an offence.

(2) A person who commits an offence under this section is liable—

(a) on a first conviction, to a fine at level 6; and

(b) on a second or subsequent conviction, to a fine of $500,000,

and, in the case of a continuing offence, to a further daily fine of $1,000 for each day during which the offence continues.

(3) It is a defence to a charge for an offence under this section for the person charged to prove that he exercised all due diligence to comply with the enforcement notice.

40. Powers of entry, search, arrest, etc.

(1) The Authority or an authorized officer may—

(a) without warrant, arrest any person whom he reasonably suspects of having committed a specified offence; and

(b) where a warrant has been issued under section 41(1) (power of magistrate to issue search warrant) in respect of any premises or place—