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【法规名称】 
【法规编号】 44016  什么是编号?
【正  文】

第2页 CAP 371 SMOKING (PUBLIC HEALTH) ORDINANCE

[接上页]

  "pipe tobacco" (烟斗烟草) means tobacco packaged as being suitable for smoking in a pipe; (Added 91 of 1994 s. 3)
  
  "principal officer" (主要高级人员) means-
  
  (a) in relation to a department of the Government, the head of the department;
  
  (b) in relation to an organization or body, the head or other officer who is in charge of the organization or body; (Added 68 of 1995 s. 37)"proof of identity" (身分证明文件) means proof of identity for the purposes of Part IVA of the Immigration Ordinance (Cap 115);
  
  "public lift" (公共升降机) means a lift to which the public have access and includes any lift giving access to separately occupied flats, offices or other units of accommodation and a hotel lift;
  
  "public transport carrier" (公共交通工具) means any public bus, public light bus, taxi, train, light rail vehicle, car, tramcar or ferry vessel mentioned in Schedule 1 while the public bus, public light bus, taxi, train, light rail vehicle, car, tramcar or ferry vessel is, subject to Schedule 1, carrying members of the public; (Added 9 of 1992 s. 2)
  
  "publish" (刊登) in relation to an advertisement means making known an advertisement in any manner;
  
  "regulations" (规例) means regulations under section 18;
  
  "restaurant" (食肆) means a restaurant licensed pursuant to the Public Health and Municipal Services Ordinance (Cap 132); (Added 93 of 1997 s. 2)
  
  "retail container" (零售盛器) means a container suitable for the retail marketing of cigarette packets, cigar packets or pipe tobacco packets; (Amended 91 of 1994 s. 3)
  
  "sale, sell" (出售、售卖、销售、售) includes the disposal by barter or raffling but excludes the disposal of confiscated cigarettes without health warnings through auctions by the Government; (Added 93 of 1997 s. 2)
  
  "Secretary" (局长) means the Secretary for Health, Welfare and Food; (Replaced L.N. 106 of 2002)
  
  "smoke" (吸烟)、(吸用) means inhaling and expelling the smoke of tobacco or other substance;
  
  "tar yield" (焦油量) means the tar yield per cigarette rounded off to the nearest milligram; (Added 93 of 1997 s. 2)
  
  "tobacco advertisement" (烟草广告) has the meaning assigned to it by section 14. (Added 91 of 1994 s. 3)
  
  "tobacco product" (烟草产品) means any cigarette, cigarette tobacco, cigar or pipe tobacco; (Added 93 of 1997 s. 2)
  
  "trade mark" (商标) has the same meaning as in section 3 of the Trade Marks Ordinance (Cap 559); (Added 93 of 1997 s. 2. Amended 35 of 2000 s. 98)
  
  (Amended 9 of 1992 s. 2; 91 of 1994 s. 3)
  
  Cap 371 s 3 Prohibition on smoking in certain designated areas
  
  (1) The areas described in Schedule 2 are designated as no smoking areas.
  
  (1A) The principal officer of an agency may designate any area specified in column 3 of Schedule 3 in relation to each such agency, or part thereof as a no smoking area. (Added 68 of 1995 s. 38. Amended 93 of 1997 s. 3)
  
  (1B) Subject to subsection (1C), the manager of any premises specified in Schedule 4 may designate any such premises or part thereof as a no smoking area. (Added 93 of 1997 s. 3)
  
  (1C) The manager of a restaurant which provides indoor seating accommodation for more than 200 persons, excluding accommodation being used exclusively for a private event and separated by full height partition, shall designate not less than one-third of the area of such as a no smoking area. (Added 93 of 1997 s. 3)
  
  (2) No person shall smoke or carry a lighted cigarette, cigar or pipe in a no smoking area.
  
  (3) The manager of a no smoking area or any person authorized in that behalf by any such manager may, in respect of any person who appears to be contravening subsection (2)-
  
  (a) after indicating that the person is smoking or carrying a lighted cigarette, cigar or pipe, as the case may be, in a no smoking area in contravention of subsection (2), require the person to extinguish the lighted cigarette, cigar or pipe;
  
  (b) where the person fails to extinguish the lighted cigarette, cigar or pipe, require him-
  
  (i) to give his name and address and to produce proof of identity; and
  
  (ii) to leave the no smoking area;(c) where the person fails, as required under paragraph (b)-
  
  (i) to give his name and address and to produce proof of identity; or
  
  (ii) to leave the no smoking area,
  
  remove him from the no smoking area by the use of reasonable force if necessary and detain him and call for the assistance of a police officer to assist in the enforcement of this section.(4) Where a person is, under subsection (3), required to leave a no smoking area, removed from a no smoking area or detained, he shall not be entitled to a refund of any admission fee or money paid by him for entry into the premises or building in which the no smoking area is situated.
  
  (Replaced 9 of 1992 s. 3)
  
  Cap 371 s 4 Prohibition on smoking in public transport carriers
  
  (1) No person shall smoke or carry a lighted cigarette, cigar or pipe in a public transport carrier.
  
  (2) The driver, conductor, inspector, ticket collector or manager of any public transport carrier or any person authorized in that behalf by any such manager may, in respect of any person who appears to be contravening subsection (1)- (Amended 68 of 1995 s. 39)
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