Tobacco Control Legislation
Meaning and Regulation on Tobacco Advertisement
Part IV of the Smoking (Public Health) Ordinance (Cap. 371) prohibits the exhibition of tobacco advertisement in printed publications, in public places, by film, or on the Internet.
Meaning of tobacco advertisement
- Any advertisement contains any express or implied inducement, suggestion, or request to purchase or smoke cigarettes, cigars, pipe tobacco, or cigarette tobacco;
- Any advertisement relates to smoking in terms which are calculated, expressly or impliedly, to promote or to encourage the use of tobacco products; or
- Any advertisement illustrates or mentions smoking or tobacco products or their packages or qualities.
- Section 11 of Part IV of the Smoking (Public Health) Ordinance (Cap. 371) requires that no person shall print, publish, or cause to be published a tobacco advertisement in any printed materials. This section applies to any local newspaper, any printed document printed, published or distributed in Hong Kong.
- Section 12 of Part IV of the Smoking (Public Health) Ordinance (Cap. 371) requires that no person shall display or cause to be displayed, publish or distribute or cause to be published or distributed for the purpose of display, any tobacco advertisement in any form.
Sections 13, 13A, and 13B of Part IV of the Smoking (Public Health) Ordinance (Cap. 371) require that no person shall
- broadcast a tobacco advertisement by the transmission of sound by means of radio waves;
- broadcast a tobacco advertisement by the transmission of visual images or sound by wireless or other means;
- exhibit a tobacco advertisement by film; or
- place or cause to be placed a tobacco advertisement on the Internet.
Any person who contravenes any of the above regulations commits an offence and is liable on summary conviction to a maximum fine of $50,000 and, in the case of a continuing offence, to a further penalty of $1,500 for each day during which the offence continues.
The following are examples of tobacco advertisements in past convicted cases. They are not exhaustive, and when in doubt, independent legal advice should be sought.