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Chapter: | 593
 | Title: | Unsolicited Electronic Messages Ordinance | Gazette Number: | E.R. 2 of 2012 |
| Section: | 23 | Heading: | Initiating transmission of multiple commercial electronic messages with intent to deceive or mislead recipients as to source of messages | Version Date: | 02/08/2012 |
(1) A person who knowingly initiates the transmission of multiple commercial electronic messages that have a Hong Kong link from a telecommunications device, service or network without authorization, with the intent to deceive or mislead recipients as to the source of such messages, 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 initiates the transmission of a commercial electronic message from a telecommunications device, service or network without authorization if¡X
(a) he initiates the transmission of the message from that telecommunications device, service or network by any means or in any manner;
(b) he is not entitled to initiate that transmission; and
(c) he has not been authorized to initiate that transmission by any person who is entitled to authorize him to initiate the transmission.