HONG KONG SAR, CHINA Law and Practice Contributed by: Angus Forsyth, Angus Forsyth & Co
general law or liability to specific audiences applicable to the content being posted. 5.5.3 Consumer Reviews There are no special rules or regulations applicable to the solicitation and use of consumer reviews save that under normal common law principles misrepre - sentation of consumer reviews can be actionable at the instance of any third party.
showing of advertisements with or to children, and prohibit transmission of these advertisements at times within or in close proximity to programmes targeting children. 6.6 Other Rules There are no other important privacy rules specifically related to advertising in the jurisdiction of the Hong Kong SAR. 7. Sweepstakes and Other Consumer Promotions 7.1 Sweepstakes and Contests There are two main pieces of gambling-related legisla - tion in place in Hong Kong – the Gambling Ordinance (Cap. 148) and the Betting Duty Ordinance (Cap. 108). The government has also issued Codes of Practice for the Conduct of Football Betting and Lotteries to give guidance on how the licensing conditions for football betting and lotteries may be complied with. Under these Codes, licensees should not advertise the football betting and lotteries in, or in close proxim - ity to, educational and training institutions for juveniles nor place advertisements or promotional materials on billboards or other outdoor displays that are directly adjacent to such institutions. Under the Gambling Ordinance, advertisements to promote or facilitate bookmaking and betting-related services are prohibited and it is illegal for any person to advertise offshore bookmaking in Hong Kong. 7.2 Contests of Skill and Games of Chance The Gambling Ordinance prohibits “gambling”, which is defined to include gaming, betting and bookmak - ing. “Gaming” is defined to be the playing of or at any game for winnings in money or other property whether or not any person playing the game is at risk of losing any money or other property. “Game” is defined to mean a game of chance and the game of chance and skill combined and a pretended game of chance or chance and skill combined, and also means any game whatever in which a bank is kept by one or more players exclusively of the others;
6. Privacy and Advertising 6.1 Email Marketing
The Personal Data (Privacy) Ordinance provides pro - hibition against direct selling by an advertiser or seller to any person without the express prior consent of the addressee, which must also be provided with a workable response channel for communicating the consent. Liability is provided by way of fine and/or imprisonment. 6.2 Telemarketing Please see 6.1 Email Marketing . Furthermore (as provided at 5.1 Special Rules Applicable to Social Media ), the Broadcasting Ordinance expressly pro - vides that the internet is not to be regarded as a televi - sion programme service and matter communicated on the internet is therefore not of itself subject to regula - tion by the government. 6.3 Text Messaging There are no specific rules applicable to text messag - ing as such. 6.4 Targeted/Interest-Based Advertising “Consumer data” can be seen as falling into the defi - nition of “personal data” for the purposes of the Per - sonal Data (Privacy) Ordinance, which contains obser - vance of specific scheduled personal data principles. 6.5 Marketing to Children The Personal Data (Privacy) Ordinance applies to the collection by a data user of any data subject informa - tion, whether adult or child. The Broadcast Codes prohibit a wide range of adver - tisements, participation in advertisements and the
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