Comments to Legislative Proposals on UEMs of HK

Comments to Legislative Proposals on UEMs of HK

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Comments and Suggestions to the Consultation Paper on
Legislative Proposals to Contain the Problem of Unsolicited Electronic Messages  (Introduction, draft)

I. Introduction

On 20 January 2006, the Commerce, Industry and Technology Bureau of Hong Kong SAR (Abbr. as CITB hereinafter) published its Consultation Paper on Legislative Proposals to Contain the Problem of Unsolicited Electronic Messages (Abbr. as CPLP hereinafter, available at: http://www.citb.gov.hk/ctb/) and called for comments from the public…

Anti-Spam and relevant issues are among focused topics in the arena of cyberspace law. As has mentioned in CPLP, many jurisdictions have promulgated legislations on them. To prevent Hong Kong from becoming a safe haven for illicit spamming activities, and to guarantee Hong Kong continuously standing as an economic center in the information era, there must be a suitable legislation with efficient implementation as soon as possible.

This paper is drafted after a detailed reading of both Chinese and English versions of the CPLP …… The core, if it should have one, of my dispersive opinions on the respective parts of the CPLP is that a combination of “opt-out”, “extra-territorial”, “technical neutral”, “interests balancing” and “authority empowered” regimes should be reviewed carefully to prevent the possible defects in its implementation….