(2) 如果屬於該條例,條例中說的極為令人厭惡的訊息,如何才屬於極為令人厭惡的訊息? 每人的標準亦不同? 何謂叫做不斷,要幾多次先叫做不斷?咁收數佬都經常打電話比債仔,是否也犯了此罪?
(5)根據硬幣條例,付款時如用少於$1的硬幣,總額不可超過$2,請問如果超過$2又是不是會犯了刑事條例? 罰則是多少? 如果有商店肯收超過$2的毫子,請問買方和賣方是否已經犯了法?
- GaryLv 76 年前最愛解答
1. Yes. Under Section 20(c):
(By the way, the case number for this case is TWCC1424/2015.)
2. There is no definite answer. However, when evaluating the action and the speech involved, the court will determine if this is offensive enough to a reasonable person.
Calls regarding collection usually does not fall under this as its call is legitimate in nature. At the least, if a debtor does not owe money, no call will be ever made.
a. The offender must persistently, not occasionally, contact the victims. Most advertisement are occasional.
b. You must report to the police to initiate the criminal proceedings.
4. A cause or reason that a ordinary person can accept. Not necessary, as some of these calls may be consented based on your privacy preference.
5. No. Coinage Ordinance is a civil law. In short, the law simply allows any merchants to refuse as a right. It does not stop any merchants from accepting more than $2 in coins less than $1.
- 「本週之星」Lv 76 年前