Page:Unsolicited Electronic Messages Ordinance (Cap. 593).pdf/7

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UNSOLICITED ELECTRONIC MESSAGES
ORDINANCE

Ord. No. 9 of 2007
A417


“electronic address” (電子地址) means a string (any sequence or combination of letters, characters, numbers or symbols of any language) used to specify a source or destination of an electronic message and includes, but is not limited to, an electronic mail address, Internet protocol address, instant messaging account name, telephone number and facsimile number;

“electronic mail address” (電郵地址) means an electronic address consisting of a user name or mailbox (commonly referred to as the “local part”) and a reference to a domain name (commonly referred to as the “domain part”), whether or not displayed, to which an electronic message can be sent;

“electronic message” (電子訊息) includes a message in any form sent over a public telecommunications service to an electronic address and includes, but is not limited to—

(a) a text, voice, sound, image or video message; and
(b) a message combining text, voice, sound, images or video;

“enforcement notice” (執行通知) means a notice under section 38(1) (Authority may issue enforcement notice);

“function” (職能) includes a power and a duty;

“Hong Kong company” (香港公司) means—

(a) a company within the meaning assigned by section 2(1) of the Companies Ordinance (Cap. 32); or
(b) a body corporate that is incorporated or otherwise established by or under any other Ordinance;

“Hong Kong link” (香港聯繫) has the meaning assigned to it by section 3 (meaning of “Hong Kong link”);

“legal proceedings” (法律程序) means legal proceedings of any kind, whether civil or criminal and whether under this Ordinance or otherwise;

“mistake” (錯誤) means a reasonable mistake of fact;

“organization” (機構) includes—

(a) a Hong Kong company;
(b) any other company or body corporate, wherever incorporated or otherwise established; and
(c) a partnership or other unincorporated body of persons, whether formed or established in Hong Kong or elsewhere;

“public telecommunications network” (公共電訊網絡) means a telecommunications network offered for use by the general public;

“public telecommunications service” (公共電訊服務) has the meaning assigned to it by section 2(1) of the Telecommunications Ordinance (Cap. 106);

“registered user” (登記使用者), in relation to the sending of a commercial electronic message to an electronic address, means—

(a) if the electronic address is an electronic mail address, the individual or organization who is responsible for the relevant electronic mail address account;