Cap 593 s 10 Commercial electronic messages must not be sent after unsubscribe request is sent (Unsolicited Electronic Messages Ordinance)

Contents of Section

Chapter:	593	Title:	Unsolicited Electronic Messages Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	10	Heading:	Commercial electronic messages must not be sent after unsubscribe request is sent	Version Date:	02/08/2012

(1) This section applies if a person sends an unsubscribe request to an individual or organization using the unsubscribe facility provided under section 9 (commercial electronic messages must contain unsubscribe facility).
(2) The individual or organization shall, within 10 working days from the day on which the unsubscribe request is sent—

(a) cease sending any further commercial electronic messages to the electronic address in respect of which the unsubscribe request was sent; and

(b) cease authorizing the sending of any further commercial electronic messages to that electronic address.

(3) Subsection (2) does not apply in relation to a commercial electronic message if, subsequent to the sending of the unsubscribe request, the registered user of the relevant electronic address has given his consent to the sending of the message.
(4) Subsection (2) does not apply in relation to a commercial electronic message if the individual or organization concerned—

(a) sent the message, or authorized it to be sent, by mistake; or

(b) did not know, and could not with reasonable diligence have ascertained, that the message had a Hong Kong link.

(5) In this section, unsubscribe facility (取消接收選項) has the same meaning as in section 9 (commercial electronic messages must contain unsubscribe facility).