【法规名称】
【法规编号】 44016 什么是编号？
【正 文】
第3页 CAP 371 SMOKING (PUBLIC HEALTH) ORDINANCE
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[接上页] (a) after indicating that the person is smoking or carrying a lighted cigarette, cigar or pipe, as the case may be, in a public transport carrier in contravention of subsection (1), 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 public transport carrier;(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 public transport carrier, remove him from the public transport carrier 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.(3) Where a person is, under subsection (2), required to leave a public transport carrier, removed from a public transport carrier or detained, he shall not be entitled to a refund of any money paid by him for carriage by the public transport carrier. (Replaced 9 of 1992 s. 3) Cap 371 s 5 Display of signs where smoking prohibited The manager shall place in a prominent position in each no smoking area or public transport carrier, as the case may be, a sufficient number of signs in English and Chinese to indicate that smoking is prohibited in the no smoking area or the public transport carrier and such signs shall be of the prescribed description and shall be maintained by the manager in legible condition and good order. (Replaced 9 of 1992 s. 3) Cap 371 s 6 (Repealed) (Repealed 9 of 1992 s. 4) Cap 371 s 6A Display of signs outside restaurants (1) The manager of a restaurant shall place and keep in place in a prominent position in the restaurant and visible from outside the restaurant a sign in English and Chinese indicating whether there is in the restaurant an area of its seating accommodation where smoking is not permitted. (2) A sign required by subsection (1) shall be of the prescribed description and shall be maintained by the manager in legible condition and good order. (3) Any manager who fails to place or keep in place a sign in accordance with subsection (1) or to maintain a sign in accordance with subsection (2) commits an offence and is liable on summary conviction to a fine at level 4. (4) (Repealed 93 of 1997 s. 4) (Added 91 of 1994 s. 4) Cap 371 s 7 Offences under Part II (1) Any person who contravenes section 3 or 4 commits an offence and is liable on summary conviction to a fine of $5000. (2) Any person who fails to give his name and address or to produce proof of identity when required to do so under section 3(3) or 4(2) or who then gives a false or misleading name or address commits an offence and is liable on summary conviction to a fine at level 3. (3) Any manager who fails to place signs in accordance with section 5 or to maintain the signs in the manner required by that section commits an offence and is liable on summary conviction to a fine at level 4. (Replaced 9 of 1992 s. 5) (4) Any manager who contravenes section 3(1C) commits an offence and is liable on summary conviction to a fine at level 4. (Added 93 of 1997 s. 5) (Amended 9 of 1992 s. 5; 93 of 1997 s. 5) Cap 371 s 8 Sales of cigarettes and tobacco products PART III SALES OF TOBACCO PRODUCTS (Amended 91 of 1994 s.5) (1) No person shall sell, offer for sale or possess for the purposes of sale any cigarettes unless- (a) they are in a packet of at least 20 sticks; and (b) the packet thereof and, if the packet is within a retail container, the container also, bear in the prescribed form and manner- (i) a health warning; (ii) the tar and nicotine yields. (Replaced 93 of 1997 s. 6)(2) Nothing in this section or in section 8A or 9 shall apply to anything done in relation to cigarettes, cigarette tobacco, cigars or pipe tobacco which are held- (Amended 9 of 1992 s. 6; 91 of 1994 s. 6) (a) in bond; or (b) by a manufacturer of tobacco products,for export from Hong Kong. Cap 371 s 8A Prohibition on sale of cigarette with a tar yield exceeding 17 milligrams (1) No person shall sell, offer for sale or possess for the purposes of sale any cigarette containing an amount of tar exceeding 17 milligrams. (2) A certificate purporting to be under the hand of the Government Chemist and stating that a cigarette contains an amount of tar exceeding 17 milligrams shall be evidence of the facts stated in the certificate as at the date of such certificate and shall be received in evidence without further proof. (Added 9 of 1992 s. 7. Amended 93 of 1997 s. 7) Cap 371 s 8B Prohibition on sale of tobacco products from a vending machine No person shall sell or offer for sale any tobacco product from a vending machine. (Added 93 of 1997 s. 8) Cap 371 s 9 Health warnings when tobacco products are sold No person shall sell, offer for sale or possess for the purposes of sale any cigar, pipe tobacco or cigarette tobacco unless the container thereof bears a health warning in the prescribed form and manner. |
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