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The Office of the Communications Authority (OFCA) conducted a raid operation yesterday (August 29) against a commercial facsimile sender at an industrial building in Kwun Tong for possible contravention of the Unsolicited Electronic Messages Ordinance (Cap. 593) (UEMO).
During the raid operation, one computer was seized for further analysis and investigation.
Speaking on the operation, a spokesman for the OFCA said today (August 30), "We received a number of complaints against the sender in the past few months. After investigation, we found that the sender had sent out unsolicited facsimile messages in such a way that might have contravened the UEMO.
"In May 2013, we served an enforcement notice on the sender pursuant to section 38 of the UEMO, requiring it to stop sending further facsimile messages in contravention of the regulation. Despite our enforcement notice, we continued to receive complaints against the sender. We therefore mounted a raid operation yesterday to collect further evidence for consideration on whether to take prosecution actions."
The UEMO regulates the sending of commercial electronic messages that have a "Hong Kong link" over a public telecommunications service to an electronic address. According to the UEMO, where a person is contravening the rules about sending commercial electronic messages, or has done so and is likely to continue or repeat the contravention, an enforcement notice may be served directing that person to remedy the contravention. Any person who contravenes an enforcement notice served on him commits an offence and is liable to a fine of $100,000 on the first conviction.
"Since the UEMO came into full force in December 2007 and up to the end of July 2013, the OFCA has issued 2,701 advisory letters, 570 warning letters and 21 enforcement notices to electronic commercial messages senders who were found in breach of the UEMO. We also conducted four raid operations, including the one that was carried out yesterday. We are committed to taking prompt and proportionate enforcement actions to enforce the UEMO," the spokesman added.
Ends/Friday, August 30, 2013
Issued at HKT 19:10
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