The Office of the Communications Authority (“OFCA”) prosecuted a commercial facsimile sender for contravening an enforcement notice under the Unsolicited Electronic Messages Ordinance (“UEMO”), Hong Kong’s “anti-spam” law. This is the first prosecution since the law came into force in 2007.
In this case, the sender had been sending commercial facsimile messages which did not contain an unsubscribe statement to telephone numbers already registered in the “do-not-call” register. The sender failed to comply with an enforcement notice that had been issued requiring it to stop sending the faxes. OFCA conducted a raid operation to collect further evidence and laid charges against the sender for contravening the enforcement notice.