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The UEMO only regulates the sending of "commercial electronic messages" with a "Hong Kong link". A message falls within the ambit of the UEMO if it meets all the following three criteria:
Criterion 1 – message type
The UEMO covers all types of electronic messages sent over a public telecommunications service, including:
- pre-recorded voice/video messages sent to telephones;
- short messages sent to fixed line or mobile phones or MMS messages;
- faxes; and
- emails.
Criterion 2 – message content
The UEMO covers "commercial electronic messages" which is defined as an electronic message with a purpose to
- offer to supply, or to advertise or promote, goods, services, facilities, land or an interest in land; or
- advertise or promote a supplier or prospective supplier of goods, services, facilities, land or an interest in land
in the course of or in the furtherance of any business.
Criterion 3 – message connection with Hong Kong
In general, a message has a "Hong Kong link" if it:
- originates in Hong Kong;
- is sent to Hong Kong;
- is sent to a Hong Kong telephone or fax number.
Exemptions:
- Person-to-person interactive calls;
- Messages sent in response to the recipient's specific requests, such as fax-on-demand;
- Messages such as invoices or receipts to confirm a commercial transaction that the recipient has previously agreed to enter into with the sender; and
- Sound broadcasting services and television programme services.
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