HONG-KONG - SMOKING (PUBLIC HEALTH) (AMENDMENT) BILL 1997

A BILL TO Amend the Smoking (Public Health) Ordinance.

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative 
Council thereof.

1. Short title

This Ordinance may be cited as the Smoking (Public Health) (Amendment) Ordinance 1997.

2. Interpretation

Section 2 of the Smoking (Public Health) Ordinance (Cap. 371 ) is amended-

(a) by repealing the definition of "advertisement" and substituting-
        
""advertising" means an act undertaken by any means to allow the public to see, hear or 
know the statement for commercial interests;";
             
(b) by adding-
     
""brand element" means a brand name, trade mark, trade name, distinguishing guise, logo, 
graphic arrangement, design or slogan that is reasonably associated with a product, a 
service or a brand of  product or service;".
             
3. Part substituted

Part IV is repealed and the following substituted-

"PART IV

ADVERTISING BAN
                   
11. Prohibition of all forms of tobacco advertisement
     
(1) No person shall advertise any tobacco products or expose the name or mark of a 
tobacco product in any medium or manner whatsoever.
  
(2) No person shall advertise any goods or services using a tobacco brand element.
  
(3) No person shall manufacture any goods, import for sale or general distribution or 
advertise any goods or services having the appearance of a tobacco product or of the 
package of a tobacco product.
  
(4) Subsections (1) and (2) do not apply to the live broadcast from abroad via radio or 
television and the advertisement of a tobacco product or tobacco brand element contained 
in printed matter printed outside Hong Kong the circulation of which within Hong Kong-
  
	(a) constitutes not more than 20 per cent of its total circulation; or
         
	(b) does not exceed such number as the Governor in Council may from time to time 
	    specify by notice in the Gazette.
          
12. Offences under Part IV
  
Any person who contravenes section 11(1), (2) or (3) 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 fine of $1,500 for each day during which the offence continues.".
  
4. Designated no smoking areas

Schedule 2 is amended by adding-
 "4. Any hospital or clinic.
  5. Any educational institute.
  6. Any child-care institute.
  7. Any children playground.
  8. Airport.
  9. Any other places designated by the Secretary for Health and Welfare.".

Explanatory Memorandum

The purpose of this Bill is to amend the Smoking (Public Health) Ordinance (Cap. 371) to 
prohibit all forms of tobacco advertisement and to extend the scope of the designated no 
smoking areas.