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(a) the electronic address exists; or

(b) the message reaches its intended destination.

(4) In this Ordinance, a reference to the performance of a function includes the exercise of a power and the discharge of a duty.

(5) For the avoidance of doubt, references in this Ordinance to organizations shall not be construed as implying that references to persons do not include companies, bodies corporate, partnerships or other bodies of persons.

(6) Where, in any provision of this Ordinance, a reference is made to another provision of this Ordinance and the reference is followed by text in parenthesis that purports to be descriptive of the subject matter of the provision referred to, the text in parenthesis shall be treated as having been provided for information only and does not have any legislative effect.

3. Meaning of “Hong Kong link”

(1) For the purposes of this Ordinance, a commercial electronic message has a Hong Kong link if, and only if—

(a) the message originates in Hong Kong;

(b) the individual or organization who sent the message or authorized the sending of the message is—

(i) an individual who is physically present in Hong Kong when the message is sent;

(ii) an organization (other than a Hong Kong company) that is carrying on business or activities in Hong Kong when the message is sent; or

(iii) a Hong Kong company;

(c) the telecommunications device that is used to access the message is located in Hong Kong;

(d) the registered user of the electronic address to which the message is sent is—

(i) an individual who is physically present in Hong Kong when the message is accessed; or

(ii) an organization that is carrying on business or activities in Hong Kong when the message is accessed; or

(e) the message is sent to an electronic address that is allocated or assigned by the Authority.

(2) For the purposes of subsection (1)(b), (c), (d) and (e), it is immaterial whether the commercial electronic message originates in Hong Kong or elsewhere.

(3) For the purposes of subsection (1)(b)(iii), it is immaterial whether the commercial electronic message is sent, or is authorized to be sent, from Hong Kong or elsewhere.