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    Following is a question by the Hon Tsang Yok-sing and a written reply by the Secretary for Commerce, Industry and Technology, Mr John Tsang, in the Legislative Council today (April 20):

Question:

    It has been reported that some offshore and local companies collect mobile phone numbers on the Internet and then send out short messages (SMS) for which the fees will be charged to the subscribers of the phone numbers concerned. In this connection, will the Government inform this Council:

(a) of the respective numbers of complaints and enquiries received in respect of the spamming of such chargeable SMS in each of the past three years;

(b) how the spamming of such SMS is regulated under the existing legislation and whether it will consider amending the legislation to strengthen the regulation; and

(c) whether it will urge the local telecommunications operators, based on their subscribers' preference, to stop offshore companies, which collect mobile phone numbers on the Internet, from sending out SMS chargeable to the subscribers of the phone numbers concerned, or request the overseas telecommunications regulatory authorities to curb such practice?

Reply:

Madam President:

(a) Over the past three years, the Office of the Telecommunications Authority (OFTA) has received a total of six enquiries in respect of spamming of chargeable SMS (one in 2004; five in 2005), but has not handled any complaints on spamming of chargeable SMS.

(b) At present, mobile network operators have already promulgated a code of practice on the handling of inter-operator unsolicited promotional SMS. OFTA is now discussing with the industry to extend this code of practice to cover intra-operator unsolicited messages (including the promotional messages sent by the operators to their own customers). We hope that operators can help combat the problem of spamming of SMS through self-regulation. We shall keep in view the situation, and in drafting the anti-spam legislation, consider if sending of unsolicited SMS should be regulated under legislation.

(c) OFTA is very concerned about the problem of spamming of chargeable SMS, and hence is discussing with the local mobile network operators for counter-measures.

    Since we have to work with other economies to tackle effectively the problem of spamming of messages (including SMS) from outside Hong Kong, we shall continue to participate actively in international fora and functions on anti-spamming, and share information and experience with other economies to combat the problem of cross-border spamming of messages.

Ends/Wednesday, April 20, 2005

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