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To prohibit smoking in certain areas, to provide for the display of a health warning and other information on tobacco packets and in tobacco advertisements and for matters incidental thereto. (Amended 91 of 1994 s. 2) [Part I, Part IV (except sections 11 and 12) and Part V] 13 August 1982 Section 11 15 November 1982 Part II and section 12 (except in relation to advertisements by way of neon signs) 15 February 1983 Section 12 ( in relation to advertisements by way of neon signs) 15 May 1983 Part III [ 15 August 1983 L.N. 314 of 1982] (Originally 58 of 1982) ___________________________________________________________________ Note: Please see the transitional provision in the Smoking (Public Health) (Amendment) Ordinance 1997 (93 of 1997), which is reproduced as follows- "27. Transitional (1) It shall not be an offence under the principal Ordinance, as amended by this Ordinance, to sell, offer for sale or possess for the purposes of sale packets or retail containers of tobacco products which do not comply with the provisions of the principal Ordinance, as amended by this Ordinance, relating to tar and nicotine yields if, but only if, the packets or retail containers comply with the provisions of the principal Ordinance, as in force immediately before the commencement* of this section, relating to tar group designations. (2) This section shall expire on the 1st anniversary of the commencement* of this section.". * Commencement date: 16 July 1999. Cap 371 s 1 Short title PART I PRELIMINARY This Ordinance may be cited as the Smoking (Public Health) Ordinance. Cap 371 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "advertisement" (广告) means any announcement to the public made or to be made in any manner; "agency" (机构) means any department of the Government, or other organization or body, specified in column 2 of Schedule 3; (Added 68 of 1995 s. 37) "amusement game centre" (游戏机中心) has the meaning assigned to it by section 2 of the Miscellaneous Licences Ordinance (Cap 114); (Added 9 of 1992 s. 2) "brand" (牌子), except in section 14(3), includes a brand product, that is to say a variety of a brand marketed as having qualities differing from another variety of that brand; "cigar" (雪茄) means tobacco rolled up in tobacco, in such form as to be capable of immediate use for smoking; (Added 91 of 1994 s. 3) "cigarette" (香烟) means tobacco rolled up in paper or in any other material except tobacco, in such form as to be capable of immediate use for smoking; "cigarette tobacco" (香烟烟草) means tobacco packaged as being suitable for the making by the purchaser of cigarettes for his own use; "cinema" (电影院), "theatre" (剧院) and "concert hall" (音乐厅) mean- (a) any building or part of a building used primarily as a cinema, theatre or concert hall, as the case may be, whether or not it is being so used at the material time, other than the premises of any club, association or other body in which films are exhibited, or plays or music performed for the benefit primarily of the members thereof and their guests; (b) any place of public entertainment licensed under the Places of Public Entertainment Ordinance (Cap 172) while open to the public on account of any concert, stage play, stage performance or other musical, dramatic or theatrical entertainment or any cinematograph display; (Added 9 of 1992 s. 2)"manager" (管理人) in relation to- (a) an amusement game centre, cinema, theatre, concert hall, public transport carrier, restaurant, department store, shopping mall, supermarket or bank, includes an assistant manager, any person holding an appointment analogous to that of manager or assistant manager or any person who is responsible for the management, or is in charge or control of the amusement game centre, cinema, theatre, concert hall, public transport carrier, restaurant, department store, shopping mall, supermarket or bank; (Replaced 9 of 1992 s. 2. Amended 91 of 1994 s. 3; 93 of 1997 s. 2) (b) a lift, includes the owner, occupier or lessee of the building in which the lift is situated or the person in charge or control of such building or lift; (c) a no smoking area designated under section 3(1A), means the principal officer who makes such a designation; (Added 68 of 1995 s. 37)"newspaper" (报刊), "local newspaper" (本地报刊) and "printed document" (印刷文件) have the same meaning as in the Registration of Local Newspapers Ordinance (Cap 268); (Amended 15 of 1987 s. 19) "nicotine yield" (尼古丁量) means the nicotine yield per cigarette rounded off to one decimal place and expressed in milligrams; (Added 93 of 1997 s. 2) "no smoking area" (禁止吸烟区) means an area designated as a no smoking area under section 3(1), (1A) or (1C) or the premises or part thereof designated under section 3(1B); (Replaced 9 of 1992 s. 2. Amended 93 of 1997 s. 2) "pipe" (烟斗) means a receptacle or other device designed for use for smoking tobacco in a form other than as a cigarette or cigar; (Added 91 of 1994 s. 3) |