【法规名称】
【法规编号】 44016 什么是编号？
【正 文】
第6页 CAP 371 SMOKING (PUBLIC HEALTH) ORDINANCE
|
[接上页] (2) Subject to subsections (3) to (5), where- (a) an advertisement; or (b) any object, other than a tobacco product, which is displayed to the public, whether for sale or otherwise, in the course of conducting any business or providing any service,includes the name or trade name of any person associated with the marketing of any tobacco product, or any trade mark or brand name of a tobacco product, or any pictorial device or part thereof commonly associated therewith, then the advertisement or object shall be deemed to be a tobacco advertisement. (Replaced 93 of 1997 s. 15) (3) Subsection (2) shall not apply to any advertisement or object if the inclusion of such name, trade name, trade mark, brand name or pictorial device or part thereof mentioned in subsection (2) is exclusively for- (a) a non-tobacco product or service; or (b) job recruitment purposes. (Replaced 93 of 1997 s. 15)(4) Subsection (2) shall not apply to any advertisement or object which includes- (a) the name of any company or body corporate associated with the manufacture or marketing of any tobacco product; or (b) any name identified with the trade name or brand name of any tobacco product, in association with any product not being tobacco,as the sponsor of an event or as congratulating another person or thing on an achievement of, or event relating to, such person or thing and which does not mention the words "cigarette", "cigarettes", "smoking", "tobacco", "cigar", "cigars", "pipe" or "pipes" or "香烟", "吸烟", "烟草", "雪茄" or "烟斗". (Added 93 of 1997 s. 15) (5) Notwithstanding subsection (2), any accidental or incidental appearance of any tobacco product or the trade mark, trade name, brand name or logo of any tobacco product where no valuable consideration has been or is intended to be given for such appearance is not a tobacco advertisement. (Added 93 of 1997 s. 15) (6) The display of the following at any premises where tobacco products are sold is not a tobacco advertisement- (a) one price marker for each tobacco product- (i) containing only the name and price of the tobacco product; and (ii) of a size not greater than the size of the price marker of any of the non-tobacco products sold in the premises; or(b) one price board not exceeding 2000 square centimetres listing only the names and prices of the tobacco products for sale. (Added 93 of 1997 s. 15) (Amended 91 of 1994 s. 14) Cap 371 s 14A Removal and disposal of tobacco advertisement (1) Any public officer authorized in writing by the Secretary may, without payment for it, remove or cause to be removed any tobacco advertisement or advertising structure in respect of which he reasonably suspects that an offence under this Ordinance has been or is being committed. (2) A magistrate may, on an application of the Secretary or any public officer authorized in writing by the Secretary, order the disposal of any tobacco advertisement or advertising structure removed under subsection (1), whether or not any person is convicted of any offence under this Ordinance, on the grounds that an offence under this Ordinance has been or is being committed in relation to such advertisement or structure. (3) The magistrate shall not order such disposal unless he is first satisfied that all persons with an interest in such advertisement or structure 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. (4) The Government may recover the costs of the removal or disposal from the proprietor of the brand of tobacco product which is mentioned in the tobacco advertisement or advertising structure removed under subsection (1) or from the owner of such advertisement or structure. (Added 93 of 1997 s. 16) Cap 371 s 15 Offences under Part IV (1) Any person who contravenes section 11(1), 12(1), 13, 13A or 13B commits an offence and is liable on summary conviction to a fine at level 4 and, in the case of a continuing offence, to a further penalty of $1500 for each day during which the offence continues. (Amended 9 of 1992 s. 13; 93 of 1997 s. 17) (2) In any proceedings for a contravention of section 11(1) it shall be a defence for the person charged to prove that the advertisement to which the proceedings relate was printed or published in such circumstances that he did not know and had no reason to believe he was taking part in the printing or publication thereof. Cap 371 s 15A Prohibition on selling or giving of tobacco products, etc. PART IVA PROHIBITION ON SELLING OR GIVING OF TOBACCO PRODUCTS (Amended 93 of 1997 s. 18) (1) No person shall sell any cigarette, cigarette tobacco, cigar or pipe tobacco to any person under the age of 18 years. (2) No person shall, for the purposes of promotion or advertisement, give any cigarette, cigarette tobacco, cigar or pipe tobacco to any person. (Amended 93 of 1997 s. 19) (3) No person shall- (a) sell, offer for sale or give a tobacco product to any person in exchange for a token; |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！