XN000022-1996-01-17 — Page 2

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More prohibitions on tobacco advertising proposed

The Government intends to introduce further legislative proposals to prohibit within a period of two years all direct advertising in the printed media, display advertisements and indirect advertising through the use of non-tobacco products and services, the Principal Assistant Secretary for Health and Welfare, Mr Clement Cheung, said today (Wednesday).

Noting that recent local research had indicated a strong correlation between smoking and the perceived attractiveness of tobacco advertisements, particularly among young people, he said it was the Government's obligation to guard against this in the interests of public health

Addressing the American Chamber of Commerce, Mr Cheung said: "Although the tobacco industry contends that the purpose of individual advertising is only to compete for market share, there is no doubt that the cumulative effect of such advertising is to present a favourable image of smoking which contributes to smoking among young people."

The proposals strike a balance between the need to safeguard public health and freedom of commercial activities.

One of the five exceptions in Article 16 of the Hong Kong Bill of Rights Ordinance (BORO) which deals with "Freedom of opinion and expression" is where there are considerations of "public health". This is reinforced by legal advice that the proposals are not in breach of the BORO.

The International Covenant on Civil and Political Rights, on which the BORO is based, also makes a clear distinction between freedom of speech and commercial expression.

"As far as I am aware, about 30 countries have already put into place very restrictive controls, if not a total ban, on tobacco adverting," Mr Cheung said, "These countries includes many democratic societies in the West such as Norway, Finland, New Zealand, Australia and France. Some Asian countries like Singapore and Thailand - or even Mongolia - are far ahead in tobacco control legislation. China, our closest neighbour, already bans tobacco advertising in the printed media."