1984 Ed.]
Smoking (Public Health)
[CAP. 371
7
(a) a brand name which indicates the cigarettes belong to a tar group to which, having regard to any determination under section 16 and the regulations, they do not belong; or
(b) a statement as to the amount of tar in the cigarettes which, having regard to the regulations, would place the cigarettes in a tar group other than that indicated by the tar group designation on the packet or retail container or, as the case may be, by the brand name,
commits an offence and is liable on summary conviction to a fine of $5,000.
10A. (1) A person holding an office specified in the First Schedule to the Customs and Excise Service Ordinance may without warrant seize, remove and detain for the purpose of proceedings under this Part-
(a) any packet or retail container of cigarettes or cigarette tobacco which does not bear a health warning or, as the case may be, a tar group designation, in the form and manner required by section 8 or 9;
(b) the contents of such packet or container;
(c) any receptacle in which such packet or container is contained;
(d) anything which appears to that person to be evidence of an offence under this Part.
(2) Subject to subsection (4), any article seized under subsection (1) 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 (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) 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), (b) or (c), 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:
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.
Seizure and forfeiture.
(Cap. 343.)
(Cap. 109.)