【法规名称】
【法规编号】 44016 什么是编号？
【正 文】
第4页 CAP 371 SMOKING (PUBLIC HEALTH) ORDINANCE
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[接上页] (Replaced 91 of 1994 s. 7) Cap 371 s 10 Offences under Part III (1) Any person who contravenes section 8, 8A, 8B or 9 commits an offence and is liable on summary conviction to a fine at level 4. (Amended 93 of 1997 s. 9) (1A) In any proceedings for a contravention of section 8A it shall be a defence for the person charged to prove that he did not know and had no reason to believe that any cigarette to which the proceedings relate contained an amount of tar exceeding 17 milligrams. (Added 9 of 1992 s. 8) (2) Any manufacturer of cigarettes or his agent and any wholesale distributor of cigarettes who sells, offers for sale or possesses for the purpose of sale any cigarettes to which section 8 applies which have on their packet or retail container a tar yield or nicotine yield which, having regard to any determination under section 16 and the regulations, is incorrect, commits an offence and is liable on summary conviction to a fine at level 4. (3) Any manufacturer of cigarettes or his agent and any wholesale distributor of cigarettes who sells, offers for sale or possesses for the purpose of sale any cigarettes to which section 8 applies which have on their packet or their retail container a brand name which includes the words "light", "lights", "mild", "milds", "low tar", "醇", "焦油含量低" or other words which imply or suggest that the cigarettes have a low tar yield unless the cigarettes have been determined under section 16 and the regulations to have a tar yield of 9 milligrams or less, commits an offence and is liable on summary conviction to a fine at level 4. (Replaced 93 of 1997 of s. 9) (Amended 9 of 1992 s. 8; 93 of 1997 s. 9) Cap 371 s 10A Seizure and forfeiture (1) A person holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap 342) may without warrant seize, remove and detain for the purpose of proceedings under this Part- (a) any packet or retail container of cigarettes, cigarette tobacco, cigars or pipe tobacco- (Amended 91 of 1994 s. 8) (i) which does not bear a health warning or, where required, the tar and nicotine yields, in the form and manner required by section 8 or 9; or (ii) which that person reasonably suspects may contain any cigarette containing an amount of tar exceeding 17 milligrams; (Replaced 9 of 1992 s. 9. Amended 93 of 1997 s. 10)(aa) any packet of cigarettes which contains less than 20 sticks of cigarettes; (Added 93 of 1997 s. 10) (b) the contents of such packet or container; (c) any receptacle in which such packet or container is contained; (ca) any vending machine or tobacco product in connection with an offence under section 8B; (Added 93 of 1997 s. 10) (d) anything which appears to that person to be evidence of an offence under this Part.(1A) A person holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap 342) may without warrant seize, remove and detain for the purpose of proceedings under this Part- (a) any cigarette not contained in any packet or retail container whether or not referred to in subsection (1)(a) and which that person reasonably suspects may contain an amount of tar exceeding 17 milligrams; (Amended 93 of 1997 s. 10) (b) any receptacle in which such cigarette is contained; (c) anything which appears to that person to be evidence of an offence under this Part. (Added 9 of 1992 s. 9)(2) Subject to subsection (4), any article seized under subsection (1) or (1A) may be retained in the custody of the Commissioner of Customs and Excise until either proceedings under this Part are completed or it is decided that no such proceedings shall be brought. (3) For the purposes of section 16 of the Dutiable Commodities Ordinance (Cap 109) (which relates to obstruction of a member of the Customs and Excise Service) as read with section 46 of that Ordinance, any article seized under subsection (1) or (1A) shall be deemed to have been seized in pursuance of a power conferred by that Ordinance. (4) A magistrate may, on the application of the Commissioner of Customs and Excise, order the forfeiture of any article mentioned in subsection (1)(a), (aa), (b), (c) or (ca) or (1A)(a) or (b), whether or not any person is convicted of any offence under this Part, on the grounds that an offence under this Part has been committed in relation to such article or that such article may not lawfully be sold or possessed for the purposes of sale in Hong Kong: (Amended 93 of 1997 s. 10) Provided that the magistrate shall not order such forfeiture unless he is first satisfied that all persons with an interest in such article have, in so far as is reasonably practicable, had the opportunity of making representations thereon to the magistrate or that no such persons can, after reasonable inquiry, be found. (5) Any article forfeited under subsection (4) shall be destroyed or disposed of in the same manner as any article forfeited under sections 48, 48A and 48C of the Dutiable Commodities Ordinance (Cap 109), and the provisions of sections 49 and 50 of that Ordinance shall apply in relation to articles forfeited under subsection (4) as they do to articles forfeited under sections 48, 48A and 48C of that Ordinance. (Amended 70 of 1993 s. 7) |
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