**************************************************
The Office of the Communications Authority (OFCA) conducted a raid operation on January 22 against a commercial facsimile sender (the Sender) in a commercial building in Tsuen Wan in relation to its suspected contravention of the Unsolicited Electronic Messages Ordinance (Cap. 593) (UEMO). During the raid operation, three computers were seized for further analysis and investigation.
"OFCA had received reports on the sending of unsolicited fax messages promoting design and decoration services by the Sender. After investigation, we found that the Sender had sent unsolicited commercial facsimile messages in such a way that might have contravened the UEMO.
"In October 2015, we served an enforcement notice on the Sender pursuant to section 38 of the UEMO, requiring it to stop sending further commercial facsimile messages in contravention of the UEMO. Despite this, OFCA continued to receive reports on the sending of unsolicited commercial facsimile messages by the Sender. OFCA therefore mounted a raid operation last Friday to collect further evidence in connection with possible prosecution actions," a spokesman for OFCA said today (January 25).
The UEMO regulates the sending of commercial electronic messages that have a "Hong Kong link" over a public telecommunications service (including pre-recorded telephone messages, short messages, fax messages and emails) 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, OFCA has issued 3 181 advisory letters, 686 warning letters and 26 enforcement notices to commercial electronic message senders who were found or suspected to be in breach of the UEMO. Most senders stopped their offending acts thereafter, thus obviating the need for further prosecution actions. OFCA has also conducted seven raid operations, including the operation conducted last Friday, against senders suspected to be in breach of the UEMO. The number of reports received by OFCA on suspected contraventions of the UEMO has declined from 8 792 in 2008 to 2 096 in 2015. The recidivism rate has dropped from the highest at 6.5 per cent in 2010 to 1.8 per cent in 2014.
"We are committed to taking prompt and proportionate enforcement actions to enforce the UEMO," the spokesman added.
Ends/Monday, January 25, 2016
Issued at HKT 20:02
NNNN
