On June 1st., Hong Kong enacted a comprehensive law to combat spam and other forms of unsolicited advertising such as pre-recorded voice messages, faxes, and text messages.
The Unsolicited Electronic Messages Ordinance (UEMO) will come into force in two phases. Phase I, which came into effect immediately, prohibits the use of electronic address harvesting software to send commercial messages to recipients without their consent, or to automatically generate electronic addresses to send unsolicited electronic commercial messages. Offences carry a maximu m penalty of a HKD$1 million fine (about CDN$138,000) and five years' imprisonment.
UEMO applies only to electronic messages that are for commercial purposes and that have a link to Hong Kong, such as any of the following:
- the message originates from Hong Kong,
- the message is authorized to be sent by a person in Hong Kong or a Hong Kong-based company,
- the message is received in Hong Kong, or
- the message is sent to a Hong Kong telephone number.
- person-to-person communications,
- messages sent with the recipient's prior consent,
- invoices or receipts,
- non-commercial messages, and
- sound or video broadcasts.