FRIDAY, JULY 9, 1982
2.
ANY PERSON WHO SELLS OR IS RESPONSIBLE FOR THE SALE OF CIGARETTES IN PACKAGING WHICH DOES NOT BEAR THE CORRECT HEALTH WARNING AND TAR GROUP RATING WOULD BE LIABLE TO A FINE OF $5 000.
UNDER THE BILL IT WILL ALSO BE MANDATORY FOR CIGARETTE ADVERTISEMENTS, WITH CERTAIN EXCEPTIONS, TO CARRY THE HEALTH WARNING AND TAR GROUP RATING.
IN THE CASE OF PUBLICATIONS, THIS REQUIREMENTS WOULD APPLY TO LOCAL NEWSPAPERS OR ANY PRINTED DOCUMENT PUBLISHED OR DISTRIBUTED IN HONG KONG. EXEMPTED WOULD BE LOCAL NEWSPAPERS AND PERIODICALS WHOSE CIRCULATION IS MAINLY OUTSIDE HONG KONG OR THOSE PUBLISHED FOR COMPANIES ENGAGED IN THE TOBACCO TRADE.
MOST OTHER TYPES OF CIGARETTE ADVERTISEMENTS, BOTH INDOOR AND OUTDOOR, WOULD BE REQUIRED TO CARRY THE HEALTH WARNING ONLY. THEY INCLUDE FOR EXAMPLE TELEVISION, RADIO AND CINEMA ADVERTISEMENTS, POSTERS, NEON SIGNS AND LIGHTED BOXES OR PANELS AND CIGARETTE ADVERTISEMENTS ON HOARDINGS, BUILDINGS AND PUBLIC TRANSPORT VEHICLES AND STATIONS OR ON THE WALLS OF LIFTS, ESCALATORS AND PEDESTRIAN SUBWAYS.
SPECIFIED CATEGORIES OF EXEMPTIONS WOULD BE PERMITTED WHERE IT WOULD CLEARLY BE UNREASONABLE OR IMPRACTICABLE TO INSIST ON THE DISPLAY OF A HEALTH WARNING, MR BARNES SAID. THESE INCLUDED THE PREMISES AND VEHICLES OF WHOLESALERS AND MANUFACTURERS OF CIGARETTES OR CIGARETTE TOBACCO AND THE PREMISES OF RETAILERS. ALSO EXEMPTED WOULD BE A RANGE OF SMALL ITEMS COMMONLY USED AS PROMOTIONAL AND MERCHANDISING MATERIALS SUCH AS PENS, KEY CHAINS, ASH TRAYS, UMBRELLAS AND CLOTHING, PROVIDED THAT ONLY THE TOBACCO COMPANY'S NAME, LOGO OR BRAND NAME WAS USED. SUCH CASES WOULD NOT BE REGARDED AS CONSTITUTING A CIGARETTE ADVERTISEMENT, NOR WOULD THE USE OF JUST A TRADE OR BRAND NAME IN THE SPONSORING OF AN EVENT.
ANYONE RESPONSIBLE FOR A CIGARETTE ADVERTISEMENT WHICH DOES NOT CARRY THE REQUIRED HEALTH WARNING WOULD BE LIABLE TO A FINE OF $5 000 AND TO A FURTHER PENALTY OF $500 FOR EACH DAY DURING WHICH THE OFFENCE CONTINUES,
THE BILL ENABLES THE SECRETARY FOR SOCIAL SERVICES, BY ORDER IN THE GOVERNMENT GAZETTE, TO PRESCRIBE THE FORM AND WORDING OF HEALTH WARNINGS, NO-SMOKING NOTICES AND TAR GROUP DESIGNATIONS.
MR BARNES SAID THE INITIAL HEALTH WARNING WOULD BE +HONG KONG GOVERNMENT HEALTH WARNING: CIGARETTE SMOKING IS HAZARDOUS TO YOUR HEALTH. + HE ADDED THAT THE IMPACT OF THE WARNING WOULD BE REVIEWED PERIODICALLY AND THE WORDING CHANGED AS NECESSARY.
THE TOBACCO INDUSTRY AND OTHERS INVOLVED WOULD BE GIVEN TIME TO COMPLY WITH THE PROVISIONS OF THE NEW LEGISLATION AND IT IS ENVISAGED THAT THE FOLLOWING TIMETABLE, TO BE IMPLEMENTED BY NOTICE IN THE GOVERNMENT GAZETTE, WOULD APPLY:-
/(A) HEALTH WAININGS