1964_SMOKING_(PUBLIC_HEALTH)_ORDINANCE — Page 11

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10

CAP. 371]

Offences under Part IV.

Evidence of tar

group.

(Cap. 109.)

Regulations and Orders.

Smoking (Public Health)

[1984 Ed.

or trade name or a brand name of, or otherwise identifies, a person associated with the manufacture or marketing of cigarettes or cigarette tobacco as the sponsor of an event or as congratulating another person or thing on an achievement of, or event relating to, such person or thing.

15. (1) Any person who contravenes section 11(1), 12(1) or 13(4) commits an offence and is liable on summary conviction to a fine of $5,000 and, in the case of a continuing offence, to a further penalty of $500 for each day during which the offence continues.

(2) In any proceedings for a contravention of sectioin 11(1) it shall be a defence for the person charged to prove that the adver- tisement to which the proceedings relate was printed or published in such circumstances that he did not know and had no reason to believe he was taking part in the printing or publication thereof.

PART V

SUPPLEMENTARY

16. (1) The Government Chemist may from time to time analyse any cigarette for the purpose of determining the tar group to which it belongs 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 group 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 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.

17. [Had its effect.]

18. (1) The Governor in Council may make regulations for all or any of the following matters-

(a) prescribing anything required or permitted to be pre-

scribed under this Ordinance;

(b) prescribing the manner in which the tar group designation

of a cigarette is to be determined for the purposes of section 12;

(c) requiring notification of anything done by any person which may be relevant to the tar group designation of cigarettes and imposing penalties not exceeding $2,000 for a failure to comply with such requirement;