【法规名称】
【法规编号】 44016 什么是编号？
【正 文】
第7页 CAP 371 SMOKING (PUBLIC HEALTH) ORDINANCE
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[接上页] (b) give to any person a tobacco product as a prize in any event or competition; (c) give valuable consideration to any individual in order to induce him to buy a particular tobacco product or otherwise to promote to him that tobacco product; (d) sell, offer for sale or possess for the purposes of sale a tobacco product which includes or is accompanied by a gift; (e) sell, offer for sale or possess for the purposes of sale a tobacco product which includes or is accompanied by a token, stamp or raffle ticket, which may be exchanged for a gift, prize or discount on any product; (f) sell, offer for sale or possess for the purposes of sale a non-tobacco product which includes or is accompanied by a tobacco product as a gift; or (g) give to any person any object which contains the name or trade name of any person associated with the marketing of cigarettes, cigarette tobacco, cigars or pipe tobacco or contains any trade mark or brand name of a tobacco product or any pictorial device or part thereof commonly associated therewith, and which is intended to be shown in public. (Added 93 of 1997 s. 19) (Added 91 of 1994 s. 15) Cap 371 s 15B Display of sign when offering tobacco products for sale, etc. (1) Any person offering for sale, or promoting the sale, purchase, smoking or use of, cigarettes, cigarette tobacco, cigars or pipe tobacco shall place and keep in place in a prominent position at his premises or at the place of promotion a sign in English and Chinese to indicate that no cigarette, cigarette tobacco, cigar or pipe tobacco may be sold to any person under the age of 18 years or given to any person. (Amended 93 of 1997 s. 20) (2) A sign required by subsection (1) shall be of the prescribed description and shall be maintained in legible condition and good order by the person offering for sale, or promoting the sale, purchase, smoking or use of, cigarettes, cigarette tobacco, cigars or pipe tobacco. (Added 91 of 1994 s. 15) Cap 371 s 15C Offences under Part IVA (1) Any person who contravenes section 15A or 15B commits an offence and is liable on summary conviction to a fine at level 4. (2) It shall be a defence to a charge under section 15A of selling any cigarette, cigarette tobacco, cigar or pipe tobacco to a person under the age of 18 years to prove that at the time the offence is alleged to have been committed, the person charged inspected an identity card or passport purporting to be the identity card or passport of the person under the age of 18 years and believed on reasonable grounds that such person was not under the age of 18 years. (Amended 93 of 1997 s. 21) (Added 91 of 1994 s. 15) Cap 371 s 15D Interpretation For the purposes of this Part "promotion or advertisement" (推广或宣传) means a promotion or advertisement intended as an inducement to purchase, smoke or encourage the use of cigarettes, cigarette tobacco, cigars or pipe tobacco, whether or not with reference to a particular brand. (Added 91 of 1994 s. 15) Cap 371 s 16 Evidence of tar and nicotine yields PART V SUPPLEMENTARY (1) The Government Chemist may from time to time analyse any cigarette for the purpose of determining its tar and nicotine yields for the purposes of this Ordinance and may publish the result of any such analysis. (2) The determination of the Government Chemist under subsection (1) as published by him shall be evidence of the tar and nicotine yields of the brand of cigarettes from which the cigarette analysed was taken subject to such conditions or limitations as may be prescribed; and any publication purporting to be a determination so published shall be deemed to be such a determination unless and until the contrary is proved. (3) The power of a member of the Customs and Excise Service to take samples of any goods to which the Dutiable Commodities Ordinance (Cap 109) applies conferred by section 11(1)(d) of that Ordinance shall extend to the taking of samples of cigarettes for analysis by the Government Chemist for the purposes of this section. (Amended 93 of 1997 s. 22) Cap 371 s 16A Amendment of Schedules The Secretary for Health, Welfare and Food may by order published in the Gazette amend the Schedules. (Added 9 of 1992 s. 14. Amended 80 of 1997 s. 22; L.N. 106 of 2002) Cap 371 s 17 (Had its effect) (Had its effect) Cap 371 s 18 Regulations and Orders Remarks: Adaptation amendments retroactively made - see 60 of 2000 s. 3 (1) The Chief Executive in Council may make regulations for all or any of the following matters- (Amended 60 of 2000 s. 3) (a) prescribing anything required or permitted to be prescribed under this Ordinance; (b) prescribing the manner in which the tar and nicotine yields of a cigarette are to be determined; (Replaced 93 of 1997 s. 23) (c) requiring notification of anything done by any person which may be relevant to the tar and nicotine yields of cigarettes and imposing penalties not exceeding a fine at level 3 for a failure to comply with such requirement; (Amended 9 of 1992 s. 15) |
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