Cap 593 s 2 Interpretation (Unsolicited Electronic Messages Ordinance)

Contents of Section

Chapter:	593	Title:	Unsolicited Electronic Messages Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	2	Heading:	Interpretation	Version Date:	02/08/2012

(1) In this Ordinance, unless the context otherwise requires—
account (帳戶) includes—

(a) a free account;

(b) a pre-paid account; and

Authority (管理局) means the Communications Authority established by section 3 of the Communications Authority Ordinance (Cap 616); (Added 17 of 2011 s. 28)
business (業務) includes a trade or profession;
commercial electronic mail message (商業電郵訊息) means a commercial electronic message sent to an electronic mail address;
commercial electronic message (商業電子訊息) means an electronic message the purpose, or one of the purposes, of which is—

(a) to offer to supply goods, services, facilities, land or an interest in land;

(b) to offer to provide a business opportunity or an investment opportunity;

(d) to advertise or promote a business opportunity or an investment opportunity;

(e) to advertise or promote a supplier, or a prospective supplier, of goods, services, facilities, land or an interest in land; or

(f) to advertise or promote a provider, or a prospective provider, of a business opportunity or an investment opportunity,

in the course of or in the furtherance of any business;
consent (同意) has the meaning assigned to it by section 5 (meaning of consent and related matters);
court (法院) includes a magistrate;
document (文件) includes, in addition to a document in writing—

(a) a disc, tape or other device in which data other than visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the disc, tape or other device; and

(b) a film, tape or other device in which visual images are embodied so as to be capable, with or without the aid of some other equipment, of being reproduced from the film, tape or other device;

domain name (域名) means a string (any sequence or combination of letters, characters, numbers or symbols of any language) registered with or allocated or assigned by a domain name authority as part of an electronic address on the Internet;
domain name authority (域名當局) means a domain name registrar, domain name registry or other domain name registration body;
do-not-call register (拒收訊息登記冊) means a register established and kept under section 31 (Authority may establish do-not-call registers);
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

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;

(b) if the message is sent to an electronic address in connection with an instant messaging service, the individual or organization who is responsible for the relevant instant messaging account;

(c) if the electronic address is a telephone number or facsimile number, the individual or organization who is responsible for the relevant telephone or facsimile account; or

(d) in any other case, the individual or organization who is responsible for the relevant electronic address account,

and, if 2 or more individuals or organizations are jointly responsible for such an account, means any of those individuals or organizations;
regulations (規例) means regulations made under section 62 (regulations);
Secretary (局長) means the Secretary for Commerce and Economic Development; (Amended L.N. 141 of 2007)
send (發送) has the meaning assigned to it by section 4 (meaning of send and related matters);
software (軟件) includes a combination of software and associated data;
supply (供應) means supply by way of sale, transfer, exchange, lease, hire or hire-purchase;
telecommunications (電訊) has the meaning assigned to it by section 2(1) of the Telecommunications Ordinance (Cap 106);
telecommunications device (電訊裝置) includes any computer, instrument, apparatus or equipment used for the purpose of telecommunications;
telecommunications network (電訊網絡) has the meaning assigned to it by section 2(1) of the Telecommunications Ordinance (Cap 106);
telecommunications service (電訊服務) has the meaning assigned to it by section 2(1) of the Telecommunications Ordinance (Cap 106);
telecommunications service provider (電訊服務提供者) means a licensee as defined in section 2(1) of the Telecommunications Ordinance (Cap 106);
unsubscribe request (取消接收要求) has the meaning assigned to it by section 9(4) (commercial electronic messages must contain unsubscribe facility);
working day (工作日) means any day other than a public holiday or a black rainstorm warning day or gale warning day within the meaning assigned by section 71(2) of the Interpretation and General Clauses Ordinance (Cap 1).

(Amended 17 of 2011 s. 28)

(2) For the purposes of paragraphs (a), (b), (c), (d), (e) and (f) of the definition of commercial electronic message in subsection (1), it is immaterial whether—

(a) the goods, services, facilities, land, interest in land, business opportunity or investment opportunity exists; or

(b) it is lawful to acquire the goods, services, facilities, land, interest in land, business opportunity or investment opportunity.

(3) For the purposes of the definition of electronic message in subsection (1), it is immaterial whether—

(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.