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Tobacco Control Legislation

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.

  1. Meaning of tobacco advertisement
    1. Any advertisement contains any express or implied inducement, suggestion, or request to purchase or smoke cigarettes, cigars, pipe tobacco, or cigarette  tobacco;
    2. Any advertisement relates to smoking in terms which are calculated, expressly or impliedly, to promote or to encourage the use of tobacco products; or
    3. Any advertisement illustrates or mentions smoking or tobacco products or their packages or qualities.
  2. 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.
  3. 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.
  4. Section 12 does not apply to any tobacco advertisement which is in or upon any stall or pitch of a hawker or a retailer with the number of persons employed by which does not exceed 2, however the tobacco advertisement should bear a health warning and be placed in or upon the retailer’s premises.
  5. The amended Ordinance also requires that the exemption clause for a retailer with the number of persons employed by which does not exceed 2, is withdrawn on 1 November 2007 while the exemption clause for a hawker is withdrawn on 1 November 2009. In other words, no retailer can display tobacco advertisement with effect from 1 November 2009.
  6. Sections 13, 13A, and 13B of Part IV of the Smoking (Public Health) Ordinance (Cap. 371) require that no person shall
    1. broadcast a tobacco advertisement by the transmission of sound by means of radio waves;
    2. broadcast a tobacco advertisement by the transmission of visual images or sound by wireless or other means;
    3. exhibit a tobacco advertisement by film; or
    4. 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.

 

 
     
 
 
     

 


Last Revision Date : 01 November 2009