1. Unsubscribe facility
2. Do-not-call registers
3. Identifying the message sender
4. Report contravention
5. Claims for loss or damage

1. Unsubscribe facility:

If you do not wish to receive further commercial electronic messages (CEMs) from a sender, you can make an unsubscribe request to him. Now, senders of CEMs are required to provide an unsubscribe facility for recipients to submit unsubscribe request. The sender shall cease sending you further CEMs within 10 working days from the day the unsubscribe request is sent. After you have made an unsubscribe request, please keep a copy if possible.

For emails, in order to protect yourself against email containing malware or linking you to unscrupulous websites, you should not open or reply to emails or use the unsubscribe facility in emails sent from unknown sources. You should use email filtering software to block or screen out such messages and install antivirus and antispyware. If you wish to know more tips on handling unsolicited emails, please visit the page on Tips for Individuals to Handle Spam Emails.

2. Do-not-call registers:

You can register your fixed line, mobile and/or fax numbers onto the do-not-call registers to notify all senders of CEMs that you do not wish to receive further messages. Simply call the registration hotline 1835000, and follow the instruction for input to complete the registration immediately. Once the registration is completed, the protection will commence after the tenth working day from the registration date. For details, please access the website of OFTA http://www.ofta.gov.hk/en/uem/instruction.html. You may also check the status through the website www.dnc.gov.hk.

If senders of CEMs still send messages (except those messages from senders to whom consent has been given) to your registered number(s) on or after the protection commencement date, you may lodge a complaint with the Office of the Telecommunications Authority (OFTA).

Even if you have registered your numbers on the do-not-call registers, you can give consent to any individual sender at any time to allow them to send you CEMs. You are not required to de-list your numbers from the do-not-call registers.

3. Identifying the Message sender

To enable the public to know the source of messages, senders of commercial electronic messages are required to provide the sender's name, contact telephone number and address in the messages. If the message is an email, the sender is also required to provide the contact email address.

Furthermore, if the message is a fax or a pre-recorded telephone message, the sender must not conceal or withdraw the calling number display.

4. Report contravention

You can complain to OFTA if you:

• continue to receive CEMs from a sender although you have made an unsubscribe request to him for more than 10 working days;
• receive CEMs after you have added your electronic address in the do-not-call registers for at least 10 working days, unless the sender has obtained your consent to send CEMs;
• receive CEMs which do not include sender's information or unsubscribe facility;
• receive fax or telephone CEMs without displaying calling number; or
• receive commercial email message that has misleading subject heading.

To report any contravention, you can fill in a form posted on OFTA's website (http://www.ofta.gov.hk/en/enq_help/uem.html) or obtainable through the fax-on-demand service (please call 2961 6333). The form can be filled in online or can be sent:

by post to: UEM Team, OFTA, 29/F, Wu Chung House, 213 Queen's Road East, Wan Chai, Hong Kong
by fax to: 3155 0956

5. Claims for loss or damage

Any person affected by the unsolicited electronic messages sent in contravention of the provisions of the UEMO has the right to make civil claims for loss or damages against the sender of the message, irrespective of whether the sender has been convicted of any offences.

If the amount of monetary claim is less than $50,000, he can make the claim in the Small Claims Tribunal.