SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - CHAPTER 371B SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - LONG TITLE Empowering section VerDate:30/06/1997 (Cap 371, section 18(2)) [13 August 1982] (L.N. 313 of 1982) SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 1 Citation VerDate:30/06/1997 This order may be cited as the Smoking (Public Health) (Notices) Order. SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 2 (Repealed 21 of 2006 s. 34) VerDate:01/01/2007 SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 3 Health warning and indication of tar and nicotine yields on packet or retail container of cigarettes VerDate:27/10/2006 (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) SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 4 (Repealed L.N. 188 of 1999) VerDate:16/07/1999 SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 4A Health warning on retail container of cigar, pipe tobacco or cigarette tobacco (other than retail container containing one cigar) VerDate:27/10/2006 (1) For the purposes of section 9 of the Ordinance, this paragraph applies to any retail container of any cigar, pipe tobacco or cigarette tobacco (other than a retail container containing one cigar). (2) Subject to subparagraph (3), each retail container shall bear a health warning in one of the forms set out in Part IIA of the Schedule. (3) For each brand of cigar, pipe tobacco or cigarette tobacco, each of the forms so set out shall be borne on the retail containers containing that brand of cigar, pipe tobacco or cigarette tobacco with equal frequency during any continuous period of 12 months. (4) Subject to subparagraphs (5) and (8)— (a) the health warning shall appear on the 2 largest surfaces of the retail container; and (b) one of those surfaces shall bear the Chinese version of the health warning and the other surface shall bear the English version of the same health warning. (5) If a retail container is in the form of a drum, the Chinese version of the health warning shall appear on the curved surface of the drum and the English version of the same health warning shall appear on the lid. (6) The Chinese or English version of the health warning 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 shall appear in such a manner that it is obscured by any affixture to the retail container, the wrapping of the retail container or any affixture to the wrapping of the retail container. (8) The health warning may be printed on a label securely affixed to the retail containers with the approval of the Commissioner of Customs and Excise where he is satisfied that the circumstances in which the 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 at the time of their manufacture. (21 of 2006 s. 36) SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 4AA Health warning on retail container containing one cigar VerDate:27/10/2006 (1) For the purposes of section 9 of the Ordinance, this paragraph applies to any retail container containing one cigar. (2) Subject to subparagraph (3), each retail container shall bear a health warning in one of the forms set out in Part IIB of the Schedule. (3) For each brand of cigar, each of the forms so set out shall be borne on the retail containers containing that brand of cigar with equal frequency during any continuous period of 12 months. (4) Subject to subparagraph (6), the Chinese and English versions of the health warning shall appear on the largest surface of the retail container. (5) No health warning shall appear in such a manner that it is obscured by any affixture to the retail container, the wrapping of the retail container or any affixture to the wrapping of the retail container. (6) The health warning may be printed on a label securely affixed to the retail containers with the approval of the Commissioner of Customs and Excise where he is satisfied that the circumstances in which the 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 at the time of their manufacture. (21 of 2006 s. 36) SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 4B (Repealed 21 of 2006 s. 37) VerDate:01/01/2007 SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 5 Tobacco advertisements on display VerDate:16/07/1999 (1) This paragraph shall apply to any tobacco advertisement which is required to bear a health warning under section 12 of the Ordinance and the tobacco advertisement shall bear the prevailing health warning as set out in Part III of the Schedule. (2) The tobacco advertisement shall, on the first occasion of display and on any occasion thereafter when it is amended, bear such prevailing health warning as is applicable on that occasion. (3) The area containing the health warning shall- (a) occupy not less than 20% of the total area of the tobacco advertisement; (b) notwithstanding the shape of the surface of the tobacco advertisement, be rectangular in shape; (c) be in white colour and surrounded by a black line as demarcation with the lettering and characters of the health warning printed in black colour; and (d) contain nothing except the health warning. (4) The sides of the area containing the health warning, and any line demarcating such sides, shall not touch any letter or character within the area. (5) Subject to subparagraph (7), where the tobacco advertisement has more than one surface, each surface shall bear a prescribed health warning. (6) The size of the health warning in relation to the area containing the warning shall be proportional to the form as shown in Part III of the Schedule. (7) The health warning shall be in both English and Chinese and the English and Chinese versions of the health warning shall appear on the same surface and each of the versions shall be given equal prominence within the area referred to in subparagraph (3). (8) The English version of the health warning shall be printed in Univers Bold typeface and the Chinese version in (華康中黑體) typeface. (9) The orientation of the health warning shall be the same as that of the tobacco advertisement. (10) Where a tobacco advertisement depicts a packet or container of a tobacco product, the whole packet or container shall be shown, and the packet or container shown shall be a representation of the real object and bear the prescribed health warning and indication of tar and nicotine yields in accordance with section 8 or 9 of the Ordinance, as the case may be, but of size proportionate to the representation of the packet or container size. (11) In the case of a tobacco advertisement on the surface of any structure- (a) the view of the health warning displayed on the tobacco advertisement shall not be obstructed, whether by any other structure or otherwise; (b) the health warning displayed on the tobacco advertisement shall be no less visible, legible and prominent than the remainder of the tobacco advertisement; (c) when the tobacco advertisement is illuminated, the health warning displayed on the tobacco advertisement shall be no less illuminated than the remainder of the tobacco advertisement. (12) In the case of a tobacco advertisement by way of a neon sign, the health warning shall be, subject to subparagraph (11), displayed, painted or printed on a panel and- (a) the panel shall be adequately illuminated at all times when the neon sign is illuminated; (b) for the purposes of subparagraph (3)(a)- (i) where the tobacco advertisement appears against a background set apart for the better display of the tobacco advertisement, the area of that background; (ii) in any other case, an area which is greater by 20% than the smallest rectangle which can be drawn to surround the tobacco advertisement, shall be deemed to be the area of the tobacco advertisement and, for the purposes of this subparagraph, any neon frame surrounding the tobacco advertisement shall be deemed to form part of it; (c) the panel shall be rectangular in shape, immediately adjacent to the neon sign and displayed in such a manner that the view of it is not obstructed, whether by the neon sign or otherwise. (L.N. 188 of 1999) SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 5A Health warning on price board of tobacco products VerDate:01/01/2007 (1) For the purposes of section 14(6)(b)(iv) of the Ordinance, this paragraph applies to a price board that lists the names and prices of the tobacco products offered for sale in any premises. (2) The price board shall bear a health warning in the form set out in Part IIIA of the Schedule. (3) The health warning shall be of a size that covers at least 20% of the area of the price board. (21 of 2006 s. 39) SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 6 (Repealed L.N. 188 of 1999) VerDate:16/07/1999 SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 7 (Repealed L.N. 188 of 1999) VerDate:16/07/1999 SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - PARAGRAPH 8 Sign when offering tobacco products for sale, etc. VerDate:30/06/1997 A sign required by section 15B of the Ordinance shall be as set out in Part VI of the Schedule and shall- (a) be rectangular in shape with sides of at least 38 centimetres in length and 20 centimetres in width; (b) be in plain and readily legible letters and characters; (c) have letters and characters of a colour which contrasts with the colour of the background upon which they are printed; and (d) be printed- (i) in English, in Univers Bold; and (ii) in Chinese, in Gothic Bold (中粗黑/粗黑). (L.N. 558 of 1994) SMOKING (PUBLIC HEALTH) (NOTICES) ORDER - SCHEDULE SCHEDULE VerDate:01/01/2007 [paragraphs 3, 4A, 4AA, 5, 5A & 8] (L.N. 558 of 1994; L.N. 188 of 1999; 21 of 2006 s. 40) PART I (Repealed L.N. 188 of 1999) PART II FORMS OF HEALTH WARNING AND INDICATION OF TAR AND NICOTINE YIELDS ON PACKET OR RETAIL CONTAINER OF CIGARETTES Form 1 Form 2 Form 3 Form 4 Form 5 Form 6 Specifications: 1. Each form is rectangular in shape and surrounded by a black line as demarcation. 2. Each form is divided into 3 rectangular areas (marked "A", "B" and "C" in the diagram below). The ratio of the length of area A to that of area B to that of area C (marked "a", "b" and "c" respectively in that diagram) is 9 to 2 to 1. 3. Area A contains the graphic (on which "香港特區政府忠告市民" (in the Chinese version) or "HKSAR GOVERNMENT WARNING" (in the English version) is printed) as set out in the form. Area B contains the message in words as set out in the form. Area C contains an indication of tar and nicotine yields as set out in the form. 4. For the Chinese version, the characters and numbers are printed in "中黑體" typeface. For the English version, the letters and numbers are printed in Univers Bold typeface. 5. In relation to area A— (a) the characters and letters are printed in white; (b) the graphic is printed by 4-colour printing with a minimum resolution of 300 dpi. 6. In relation to areas B and C— (a) the background colour is white; (b) the characters, letters and numbers are printed in— (i) 100% black for black; and (ii) 100% yellow plus 100% magenta for red. (21 of 2006 s. 40) PART IIA FORMS OF HEALTH WARNING ON RETAIL CONTAINER OF CIGAR, PIPE TOBACCO OR CIGARETTE TOBACCO (OTHER THAN RETAIL CONTAINER CONTAINING ONE CIGAR) Form 1 Form 2 Form 3 Form 4 Form 5 Form 6 Specifications: 1. Each form is rectangular in shape and surrounded by a black line as demarcation. 2. Each form is divided into 2 rectangular areas (marked "A" and "B" in the diagram below). The ratio of the length of area A to that of area B (marked "a" and "b" respectively in that diagram) is 3 to 1. 3. Area A contains the graphic (on which "香港特區政府忠告市民" (in the Chinese version) or "HKSAR GOVERNMENT WARNING" (in the English version) is printed) as set out in the form. Area B contains the message in words as set out in the form. 4. For the Chinese version, the characters are printed in "中黑體" typeface. For the English version, the letters are printed in Univers Bold typeface. 5. In relation to area A— (a) the characters and letters are printed in white; (b) the graphic is printed by 4-colour printing with a minimum resolution of 300 dpi. 6. In relation to area B— (a) the background colour is white; (b) the characters and letters are printed in— (i) 100% black for black; and (ii) 100% yellow plus 100% magenta for red. (21 of 2006 s. 40) PART IIB FORMS OF HEALTH WARNING ON RETAIL CONTAINER CONTAINING ONE CIGAR Form 1 Form 2 Form 3 Form 4 Form 5 Form 6 Specifications: 1. Each form is rectangular in shape and surrounded by a black line as demarcation. The width and the length (marked "w" and "l" respectively in the diagram below) are 7 cm and 3 cm respectively. 2. Each form is divided into 2 rectangular areas (marked "A" and "B" in that diagram). The lengths of area A and area B (marked "a" and "b" respectively in that diagram) are 2.25 cm and 0.75 cm respectively. 3. Area A contains the graphic (on which "香港特區政府忠告市民" (in the Chinese version) or "HKSAR GOVERNMENT WARNING" (in the English version) is printed) as set out in the form. Area B contains the message in words as set out in the form. 4. For the Chinese version, the characters are printed in "中黑體" typeface. For the English version, the letters are printed in Univers Bold typeface. 5. In relation to area A— (a) the characters and letters are printed in white; (b) the graphic is printed by 4-colour printing with a minimum resolution of 300 dpi. 6. In relation to area B— (a) the background colour is white; (b) the characters and letters are printed in— (i) 100% black for black; and (ii) 100% yellow plus 100% magenta for red. (21 of 2006 s. 40) PART III HEALTH WARNINGS ON TOBACCO ADVERTISEMENTS ON DISPLAY 1. From 1 January to the last day of February (both dates inclusive) of a year, the prevailing health warning shall be- HKSAR GOVERNMENT HEALTH WARNING English Version SMOKING KILLS 特區政府忠告市民 Chinese Version 吸煙足以致命 2. From 1 March to 30 April (both dates inclusive) of a year, the prevailing health warning shall be- HKSAR GOVERNMENT HEALTH WARNING English Version SMOKING CAUSES CANCER 特區政府忠告市民 Chinese Version 吸煙引致癌病 3. From 1 May to 30 June (both dates inclusive) of a year, the prevailing health warning shall be- HKSAR GOVERNMENT HEALTH WARNING English Version SMOKING CAUSES HEART DISEASE 特區政府忠告市民 Chinese Version 吸煙引致心臟病 4. From 1 July to 31 August (both dates inclusive) of a year, the prevailing health warning shall be- HKSAR GOVERNMENT HEALTH WARNING English Version SMOKING CAUSES LUNG CANCER 特區政府忠告市民 Chinese Version 吸煙引致肺癌 5. From 1 September to 31 October (both dates inclusive) of a year, the prevailing health warning shall be- HKSAR GOVERNMENT HEALTH WARNING English Version SMOKING CAUSES RESPIRATORY DISEASES 特區政府忠告市民 Chinese Version 吸煙引致 呼吸系統疾病 6. From 1 November to 31 December (both dates inclusive) of a year, the prevailing health warning shall be- HKSAR GOVERNMENT HEALTH WARNING English Version SMOKING HARMS YOUR CHILDREN 特區政府忠告市民 Chinese Version 吸煙禍及子女 (L.N. 188 of 1999) PART IIIA FORM OF HEALTH WARNING ON PRICE BOARD OF TOBACCO PRODUCTS 香港特區政府忠告市民 吸煙足以致命 HKSAR GOVERNMENT WARNING SMOKING KILLS Specifications: 1. The form is rectangular in shape and surrounded by a black line as demarcation. 2. The background colour is white. 3. The characters “香港特區政府忠告市民” are printed in 30 kyu (級). 4. The characters “吸煙足以致命” are printed in 90 kyu (級). 5. All characters referred to in paragraphs 3 and 4 are printed in black and in “華康中黑體” typeface. 6. The letters “HKSAR GOVERNMENT WARNING” are printed in 30 points. 7. The letters “SMOKING KILLS” are printed in 90 points. 8. All letters referred to in paragraphs 6 and 7 are printed in black and in Univers Bold typeface, all capitals. 9. If the price board is smaller than 1500 square centimetres, the characters and letters of the health warning may be proportionally reduced in kyu (級) and points by reference to the specifications in paragraphs 3, 4, 6 and 7. (21 of 2006 s. 40) PART IV (Repealed L.N. 188 of 1999) PART V (Repealed 21 of 2006 s. 40) PART VI SIGN WHEN OFFERING TOBACCO PRODUCTS FOR SALE, ETC. BY ORDER OF HKSAR GOVERNMENT: NO TOBACCO PRODUCT SHALL BE SOLD TO PERSON UNDER 18 OR GIVEN FOR PROMOTION TO ANY PERSON 特區政府諭 禁止售賣煙草產品予 十八歲以下人士或派 贈煙草產品予任何人士 (L.N. 558 of 1994; L.N. 188 of 1999)