Registering for electronic addresses or domain names using information that falsifies identity of actual registrant
Version Date:
02/08/2012
(1) A person who—
(a) registers, using information that materially falsifies the identity of the actual registrant, for 5 or more electronic addresses or 2 or more domain names; and
(b) knowingly initiates the transmission of multiple commercial electronic messages that have a Hong Kong link from any of such electronic addresses or domain names or from any combination of such electronic addresses or domain names,
commits an offence and is liable on conviction on indictment to a fine and to imprisonment for 10 years.
(2) For the purposes of subsection (1), a person uses information that materially falsifies the identity of the actual registrant if he falsifies, alters, conceals, deletes or withholds any information in such manner as to—
(a) impair the ability of the relevant authority responsible for allocating or assigning the electronic address or approving its allocation or assignment or the relevant domain name authority, as the case may be, to identify or locate the actual registrant; or
(b) impair the ability of the recipient of any commercial electronic message transmitted from the electronic address or domain name, a telecommunications service provider processing the message or any other person to identify, locate or respond to the person who initiated the transmission of the message.
(3) In this section, register (登記、註冊) means—
(a) in relation to an electronic address—
(i) to register with an authority responsible for allocating or assigning the electronic address or approving its allocation or assignment; or
(ii) to procure the allocation or assignment of the electronic address, or the approval of its allocation or assignment, by such an authority; and
(b) in relation to a domain name, to register the domain name with, or to procure its allocation or assignment by, any domain name authority.