Cap 593 s 5 Meaning of "consent" and related matters (Unsolicited Electronic Messages Ordinance)

Contents of Section

Chapter:	593	Title:	Unsolicited Electronic Messages Ordinance	Gazette Number:	E.R. 2 of 2012
Section:	5	Heading:	Meaning of "consent" and related matters	Version Date:	02/08/2012

(1) For the purposes of this Ordinance—
consent (同意), in relation to the sending of a commercial electronic message, means—

(a) express consent; or

(b) consent that can reasonably be inferred from the conduct of the individual or organization concerned;

withdraw (撤回), in relation to consent, means to expressly withdraw that consent.
(2) For the purposes of this Ordinance, consent to the sending of a commercial electronic message may be given, and such consent may be withdrawn, by means of an electronic message or in any other manner.
(3) For the purposes of this Ordinance, the registered user of an electronic address shall be treated as having given his consent to the sending of a commercial electronic message to that electronic address if the registered user or a person on his behalf—

(a) has, either in response to a clear and conspicuous request for consent or at his own initiative, given his consent to the sending of the message; and

(b) has not, within a reasonable period of time prior to the sending of the message, withdrawn that consent.

(4) For the purposes of this Ordinance (including subsection (3)), if a person other than the registered user of an electronic address uses the relevant account to send an electronic message about—

(a) consent; or

(b) withdrawal of consent,

that person shall be treated as having been authorized to send that message on behalf of the registered user.
(5) Subsection (4) shall not be construed as limiting the circumstances in which a person other than the registered user of an electronic address may—

(a) consent; or

(b) withdraw consent,

on behalf of the registered user.
(6) For the avoidance of doubt, the registered user of an electronic address may at any time withdraw any consent given by him to the sending of a commercial electronic message.