Following is a question by Dr the Hon Thomas So and a written reply by the Secretary for Commerce and Economic Development, Mr Algernon Yau, in the Legislative Council today (June 24):
 
Question:
 
     It has been reported that the number of marketing calls reported in 2025 by the users of an unsolicited call reporting website amounted to 466 000, which represented an increase of nearly 220 000 from 241 000 calls in 2023. Among these cases, marketing calls promoting financial loans and banking investments increased by nearly 160 000 in two years, while calls involving estate sales doubled and those promoting body checks increased by 10 times. Recently, there has even been the emergence of artificial intelligence (AI)-generated Cantonese-speaking calls developed by suppliers from the Mainland, who claimed that up to 10 000 calls could be made each day. There are views that while the Government has been inclined to encourage self-regulation by the industry over the years, the data has reflected that such self-regulation is ineffective since the number of unsolicited marketing calls has been rising. In this connection, will the Government inform this Council:
 
(1) of the existing objective indicators formulated by the Government for evaluating the effectiveness of the self-regulatory efforts made by the industry; whether the Government will consider introducing measures to curb the rising trend of unsolicited marketing calls, provided that normal business activities remain unaffected; if so, of the details; if not, the reasons for that;
 
(2) while the Unsolicited Electronic Messages Ordinance (Cap. 593) currently in force regulates facsimile messages, short messages and pre-recorded telephone messages, it does not cover marketing calls featuring AI-generated speeches, and given the relatively low cost of using AI for marketing purposes, will the Government consider studying the regulation of such marketing calls to prevent the number from growing out of control; and
 
(3) there are views that the increase in marketing calls is primarily caused by the collection and transfer of personal data of members of the public among business organisations for commercial and marketing purposes. While the Personal Data (Privacy) Ordinance (Cap. 486) stipulates that data subjects must be informed and their express consent be obtained before their personal data can be used in direct marketing, it is learnt that some service providers obtain customer consent by way of "bundled consent" (for example, the forms used for collecting personal data from customers are designed in such a way that renders it impracticable for customers to refuse the use of their personal data for direct marketing purposes unrelated to the services the customers seek, such collection of personal data contravenes the original intent of authorisation), whether the Government will step up efforts in regulating such practice of data transfer; if so, of the details; if not, the reasons for that?
 
Reply:
 
President,
 
     Telecommunications services are closely related to citizen's livelihood, and are also one of the important means for businesses to reach out to members of the public. The Government understands that members of the public are concerned about unsolicited calls (commonly known as marketing calls) and scam calls. Considering the different nature of marketing calls and scam calls, the Government has introduced different measures targeting them respectively in an active response to public concerns. Regarding marketing calls, despite that different industries have adopted innovative modes to promote services and products, the Government understands that currently some enterprises, especially small and medium-sized enterprises, are still using voice marketing calls for promotional activities and service follow-up, etc. Therefore, there is a practical and legitimate need for enterprises to use marketing calls for their business operation. At present, marketing calls are handled differently around the world depending on local circumstances, including restriction-free, industry self-regulation and legislative regulation. Based on the experience in other regions, there are considerable challenges in the actual operation and enforcement of handling marketing calls through legislation (including how to distinguish unlawful marketing calls, evidence collection, cross-border enforcement and prosecution, etc). Under the overarching principle of balancing the practical needs of enterprises' business operation and minimising nuisance caused to public by marketing calls, and considering that enterprises are undergoing transformation amid the prevailing economic environment, the Government believes that the more pragmatic approach in managing marketing calls is to promote industry self-regulation, while putting in place other industry collaborative and regulatory measures. In response to the question raised by Dr the Hon Thomas So, in consultation with the Constitutional and Mainland Affairs Bureau and the Office of the Communications Authority (OFCA), our reply is as follows:
 
(1) and (2) To alleviate the nuisance caused by marketing calls, the Government has implemented a series of measures, including:
 
(i) Through the Industry Regulatory Scheme for Marketing Calls, OFCA has proactively invited relevant industries to implement industry self-regulation, including requiring telemarketers to provide their names and contact numbers upon recipients' requests, as well as limiting the number of calls made to the same telephone number within a specified period. Currently, 12 industry associations from seven industries (including finance, insurance, telecommunications, call centres, beauty, estate agencies, and money lenders) are participating in the Scheme. Since the relevant industry associations issued their sector-specific codes of practice in 2011, the number of enquiries and complaints related to marketing calls received by the Government has significantly reduced from around 2 000 cases in 2012 to around 270 cases in 2025, reflecting that the measure is effective to a certain extent. The Government will continue to engage relevant stakeholders and various industries to further expand the scope of the Scheme with more industries participating in industry self-regulation;
 
(ii) OFCA has requested telecommunications service providers (TSPs) to provide call-management services or call-filtering applications to their customers. Subscribers to these services may personalise or use the pre-set black and/or white lists provided by mobile service providers to filter all incoming calls, including anonymous calls, to minimise suspicious and nuisance calls. Currently, the four major TSPs are providing the above services as required, and some even offer free call filtering value-added services to all or some of their customers (e.g. customers aged 60 or above). OFCA has encouraged the use of call-management services and call-filtering applications through various publicity and education activities, and has also helped members of the public in need download and use relevant filtering applications during the public education and promotional activities. Between January 2023 and May 2026, OFCA has organised a total of 366 public education and publicity activities, including 52 roving and small-scale exhibitions, 126 community and school talks, 70 school drama performances, 56 roadshows, 36 mobile promotion truck tours and 26 publicity activities in other forms, to promote relevant messages to residents and students across all districts; and
 
(iii) Unsolicited electronic messages are currently regulated by the Unsolicited Electronic Messages Ordinance (Cap. 593) (UEMO), members of the public can choose to unsubscribe from commercial electronic messages (e.g. faxes, emails, short messages, pre-recorded telephone messages, etc) at their own will. Regarding artificial intelligence (AI)-generated marketing calls, regardless if they are pre-recorded using human or AI-generated voices, all of them are currently regulated under the UEMO, unless they involve person-to-person interactive communication. In other words, if the caller conducts the entire phone call solely by AI without any person-to-person interaction, i.e. fully AI-powered telephone voice messages, it will be subject to the UEMO. Furthermore, in view of the increasing prevalence of AI-generated marketing calls originating from the Mainland, OFCA communicated with the relevant Mainland authorities in March this year to reflect relevant concerns and to explain the requirement of the UEMO to enterprises in the Mainland, strengthening co-operation in tackling unsolicited electronic messages between Hong Kong and the Chinese Mainland. Currently, marketing calls with AI-generated elements only account for a very small fraction of UEMO reports. According to records, among the 831 reports of alleged contravention of the UEMO received by OFCA in 2025, there were only 10 reports in which the complainants alleged the use of AI in those pre-recorded telephone messages. That said, OFCA will continue to closely monitor the development in AI and review the implementation effectiveness of the UEMO to ensure that the UEMO keeps pace with the times.
 
     In addition, OFCA has implemented a series of measures from the perspective of telecommunications services to assist the Police in combating phone deception at the source. Among these measures, according to the Code of Practice formulated by the Communications Authority, TSPs are required to monitor calls and SMS messages originated from their networks and systems. TSPs must suspend the services of the relevant local telephone numbers once suspicious calling or SMS-sending patterns are identified (e.g. making a large number of calls/sending a large number of SMS within a short period of time), regardless of whether such calls and SMS messages are generated by an AI system. As at end May 2026, over 1.59 million local telephone numbers have been suspended as a result. The Government will continue to closely monitor market developments to ensure that the current regulatory mechanisms can respond to the needs of society.
 
(3) Regarding Member's concern that there are commercial enterprises obtaining customers' agreement in using their personal data for business or promotional purposes by "bundling", the Guidance on Direct Marketing published by the Office of the Privacy Commissioner for Personal Data has already reminded data users not to design a service application form in such a way as to render it impracticable for customers to refuse the use of their personal data for direct marketing purposes (such as the so-called "bundled consent"). Instead, data users are advised to design a service application form that separates customers' agreement to terms and conditions of the services being purchased from customers' agreement in using their personal data for direct marketing.
 
     As for telecommunications services, OFCA has not received any complaints regarding TSPs obtaining "bundled consent" in their service contracts. If members of the public have any concerns on the matter, OFCA will actively follow up with TSPs. 

Ends/Wednesday, June 24, 2026
Issued at HKT 15:16

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