Spam is the name given to unsolicited messages, whether delivered by email, by fax, as recorded message on a landline or mobile phone, or as Short Message Service (SMS) or Multimedia Message Service (MMS) on a mobile phone. The Government is working to reduce the amount of spam in Hong Kong through statutory measures.

The Unsolicited Electronic Messages Ordinance regulates commercial electronic messages that have a “Hong Kong link”, i.e. the message is sent from Hong Kong or to Hong Kong. The Ordinance came into operation in two phases. The first phase took effect on 1 June 2007 and focused on:

• The use of unscrupulous techniques to expand the reach of commercial electronic messages, such as those using software to harvest email addresses or those supplying such harvested address lists to third parties for the purpose of sending out commercial electronic messages. The maximum penalty is a HK$1 million fine and imprisonment for 5 years
• Fraud and other illegal activities linked to the sending of multiple commercial electronic messages, such as hacking into computers to send out promotional messages. These activities will be handled by the Police, with a fine to be determined by the court, and imprisonment of up to 10 years.

The second phase of the Ordinance came into effect on 22 December 2007 and established rules for the sending of commercial electronic messages, for example:

• The sender should not withhold calling line identification information when sending out pre-recorded voice messages or fax messages
• Commercial electronic messages should include accurate sender information
• Commercial electronic messages should provide unsubscribe facility for recipients to opt out from further messages
• The sender should not send out commercial electronic messages to a recipient after he/she has asked to opt out from further messages
• Sending out commercial electronic messages to a recipient after he/she has registered his/her number onto the do-not-call registers for 10 working days or longer (except those messages to which consent has been given)
• Sending out commercial email messages with misleading subject heading

In order to leave room for legitimate telemarketing activities, the Ordinance does not cover person-to-person interactive communications. That said, the Government continues to monitor and conduct review in due course.

• More on spam and anti-spam activities
  http://www.antispam.gov.hk/english/main.htm
• More on the Unsolicited Electronic Messages Ordinance
  http://www.ofta.gov.hk/en/uem/main.html
• More on Do-not-call Registers
  https://www.dnc.gov.hk/
• More on how to report a suspected contravention of the Unsolicited Electronic Messages Ordinance
  http://www.ofta.gov.hk/en/enq_help/uem.html