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UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE—SCHEDULE 1

Ord. No. 9 of 2007
A497


(2) For the avoidance of doubt, the exemption of a matter from the application of Part 2 of this Ordinance (rules about sending commercial electronic messages) in accordance with Table 2 shall not be construed as implying that the other provisions of this Ordinance apply to that matter.

2. Exemptions

(1) The matters described in an item in Table 1 are exempt from the application of this Ordinance.

(2) The matters described in an item in column 1 in Table 2 are exempt from the application of Part 2 of this Ordinance (rules about sending commercial electronic messages) subject to the conditions, if any, specified in column 2 of that item.

TABLE 1
Matters Exempted from Application of Ordinance

Item Description of exempt matter
1. Voice, sound, image or video messages, or messages combining text, voice, sound, images or video, that involve person-to-person interactive communications between a caller and a recipient without any prerecorded or synthesized (machine-generated or simulated) element.
2. Voice, sound, image or video messages, or messages combining text, voice, sound, images or video, that involve—
(a) person-to-person interactive communications between a caller and a recipient; and
(b) a pre-recorded or synthesized (machine-generated or simulated) element,

whereby the pre-recorded or synthesized element is activated in response to information communicated by the caller.

3. Television programme services, whether or not licensed under the Broadcasting Ordinance (Cap. 562).
4. Sound broadcasting services, whether or not licensed under the Telecommunications Ordinance (Cap. 106).