Hong Kong Regulations

SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 3

Health warning and indication of tar and nicotine yields on packet or retail container of cigarettes

(Past version on 16/07/1999).
(Past version on 30/06/1997).

(1) For the purposes of section 8 of the Ordinance, this paragraph applies to
any packet of cigarettes containing 20 or more cigarettes and any retail
container of cigarette packets containing any number of cigarettes.

(2) Subject to subparagraph (3), each cigarette packet and each retail
container shall bear a health warning and indication of tar and nicotine
yields in one of the forms set out in Part II of the Schedule.

(3) For each brand of cigarette, each of the forms so set out shall be borne
on the packets containing that brand of cigarette and on the retail containers
containing those packets with equal frequency during any continuous period of
12 months.

(4) Subject to subparagraphs (5) and (8)—

   (a)  the health warning and indication of tar and nicotine yields shall
        appear on the 2 largest surfaces of the packet and of the retail
        container;

   (b)  one of those surfaces shall bear the Chinese version of the health
        warning and indication of tar and nicotine yields and the other
        surface shall bear the English version of the same health warning and
        indication of tar and nicotine yields; and

   (c)  the top side of the area containing the Chinese or English version of
        the health warning and indication of tar and nicotine yields shall be
        no more than 12 millimetres from the top of the surface on which that
        version appears.

(5) If a packet or retail container is in the form of a drum, the Chinese
version of the health warning and indication of tar and nicotine yields shall
appear on the curved surface of the drum and the English version of the same
health warning and indication of tar and nicotine yields shall appear on the
lid.

(6) The Chinese or English version of the health warning and indication of tar
and nicotine yields shall be of a size that covers at least 50% of the area of
the surface on which that version appears.

(7) No health warning and indication of tar and nicotine yields shall appear
in such a manner that it is obscured by any affixture to the packet or retail
container, the wrapping of the packet or retail container or any affixture to
the wrapping of the packet or retail container.

(8) The health warning and indication of tar and nicotine yields may be
printed on a label securely affixed to the packets or retail containers—

   (a)  if the packets or retail containers are made of metal or are plastic
        drums;

   (b)  with the approval of the Commissioner of Customs and Excise where he
        is satisfied that—

        (i)    the circumstances in which the packets or retail containers are
               in Hong Kong, or are to be brought to Hong Kong, are such that
               they could not reasonably be expected to have had printed on
               them a health warning and indication of tar and nicotine yields
               at the time of their manufacture; and

        (ii)   the approval is required for a limited period of time or in
               relation to a particular consignment of cigarettes only.

(21 of 2006 s. 35)