【法规名称】
【法规编号】 44016 什么是编号？
【正 文】
第5页 CAP 371 SMOKING (PUBLIC HEALTH) ORDINANCE
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[接上页] (Added 52 of 1983 s. 2. Amended 9 of 1992 s. 9) Cap 371 s 11 Tobacco advertisements in printed publications PART IV TOBACCO ADVERTISING (Amended 91 of 1994 s. 9) (1) No person shall print, publish or cause to be published a tobacco advertisement in a printed publication to which this section applies. (Replaced 93 of 1997 s. 11) (2) This section applies to- (a) any local newspaper; (b) any printed document published or distributed in Hong Kong. (Replaced 93 of 1997 s. 11)(3) Nothing in this section or section 12 shall apply in relation to a tobacco advertisement in a printed publication- (Amended 91 of 1994 s. 10) (a) being a local newspaper published- (i) for the passengers of any airline or shipping company; (ii) for the tobacco trade or as the "in house" magazine of any company engaged in that trade; (Replaced 26 of 1984 s. 2) (iii) for circulation entirely outside Hong Kong; (Added 93 of 1997 s. 11)(aa) (Repealed 93 of 1997 s. 11) (b) in such circumstances as may be prescribed. Cap 371 s 12 No display of tobacco advertisement (1) No person shall- (a) display or cause to be displayed; or (b) publish or distribute for the purpose of display or cause to be published or distributed for the purpose of display,any tobacco advertisement in writing or other permanent or semi-permanent form. (2) Subsection (1) does not apply to any tobacco advertisement which- (a) is in or upon any stall or pitch of a hawker who is licensed pursuant to the Public Health and Municipal Services Ordinance (Cap 132) to hawk commodities, including tobacco products, at that stall or pitch; and (b) bears a health warning in the prescribed form and manner.(3) Subsection (1) does not apply to any tobacco advertisement which is in or upon any premises of a retail dealer dealing in commodities including tobacco products if- (a) the number of persons employed by the dealer does not exceed 2; and (b) the tobacco advertisement bears a health warning in the prescribed form and manner.(4) Subsection (1) does not apply to any tobacco advertisement which- (a) is in or upon any premises- (i) of any manufacturer of tobacco products or any wholesale dealer dealing in tobacco products; and (ii) which are used for the manufacturing of tobacco products or for the purpose of dealing by wholesale in tobacco products; and(b) is not visible from outside the premises.(5) The tobacco advertisement mentioned in subsection (4) is not required to bear a health warning or the tar and nicotine yields. (Replaced 93 of 1997 s. 12) Cap 371 s 13 Prohibition on broadcast of tobacco advertisement by radio or visual images No person shall broadcast a tobacco advertisement- (Amended 91 of 1994 s. 12) (a) by the transmission of sound by means of radio waves; or (b) by the transmission of visual images or sound by wireless or otherwise than by wireless,intended for general reception by members of the public. (Amended 93 of 1997 s. 13) (Replaced 9 of 1992 s. 11) Cap 371 s 13A Prohibition on exhibition of tobacco advertisement by film (1) No person shall exhibit a tobacco advertisement by film. (Amended 91 of 1994 s. 13) (2) In this section "exhibit" (上映) and "film" (电影) mean, respectively, exhibit and film within the meaning of section 2 of the Film Censorship Ordinance (Cap 392). (Added 9 of 1992 s. 11) Cap 371 s 13B Prohibition on placing of tobacco advertisement on the Internet (1) No person shall place or cause to be placed a tobacco advertisement on the Internet. (2) For the avoidance of doubt, a holder of a Public Non-Exclusive Telecommunications Service Licence granted under the Telecommunications Ordinance (Cap 106) shall not be responsible for- (Amended 36 of 2000 s. 28) (a) any content placed on the Internet by a user and made available for the use of another user unless the holder has knowledge of such content and can reasonably be expected to block the use of such content or require amendment of such content; or (b) any such content to which the holder only provides access, including the automatic and temporary storage of such content by the holder due to the request of a user.(3) Subsection (1) shall not apply to any tobacco advertisement which is contained in any private correspondence on the Internet and is not for commercial purposes. (Added 93 of 1997 s. 14) Cap 371 s 14 Meaning of tobacco advertisement (1) For the purposes of this Part an advertisement is a tobacco advertisement if it- (a) contains any express or implied inducement, suggestion or request to purchase or smoke cigarettes, cigarette tobacco, cigars or pipe tobacco; (Amended 93 of 1997 s. 15) (b) relates to smoking in terms which are calculated, expressly or impliedly, to promote or encourage the use of cigarettes, cigarette tobacco, cigars or pipe tobacco; or (Amended 93 of 1997 s. 15) (c) illustrates or mentions smoking or cigarettes, cigarette tobacco, cigars or pipe tobacco or their packages or qualities. (Added 93 of 1997 s. 15)(1A) Notwithstanding subsection (1)(c), an advertisement is not regarded as a tobacco advertisement if its purpose is to discourage smoking. (Added 93 of 1997 s. 15) |
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