(Cap 371 section 18(1)) [13 August 1982] (L.N. 311 of 1982) Cap 371A reg 1 Citation These regulations may be cited as the Smoking (Public Health) Regulations. Cap 371A reg 2 Tar groups (1) A cigarette appearing in a tobacco advertisement in a printed publication and containing an amount of tar within the limits mentioned in column A of this paragraph shall be designated as being within the tar group mentioned opposite thereto in column B as follows- Column A Column B Tar yield Tar group designation 0- 9 Low 10-14 Middle 15-17 High(2) The proprietor of a brand of cigarette shall designate a cigarette in accordance with paragraph (1) for the purposes of section (11)(1)(b) of the Ordinance. (3) In designating a cigarette under paragraph (1), the tar yield as determined under regulation 4 or by analysis under section 16 of the Ordinance shall be rounded off to the nearest milligram. (4) Paragraph (2) shall expire on 31 December 1999. (L.N. 13 of 1998) Cap 371A reg 3 Determination by the Government Chemist Where- (a) the Government Chemist has published a determination ("relevant determination") of the tar and nicotine yields of any brand of cigarettes under section 16 of the Ordinance; and (b) (subject to any variation allowance published by the Government Chemist in relation to the relevant determination) the result of the relevant determination is different from the result of the determination of the tar and nicotine yields of the brand of cigarettes as previously determined by the Government Chemist, or by the proprietor of the brand under regulation 4,then- (i) the proprietor of the brand shall change the tar and nicotine yields or tar group designation, as the case may be, shown on cigarette packets and in tobacco advertisements according to the relevant determination; (ii) cigarette packets and retail containers may be sold, offered for sale or possessed for the purposes of sale, bearing the previous tar and nicotine yields for a period of 6 months; (iii) a tobacco advertisement in a printed publication to which section 11 of the Ordinance applies may be printed bearing the previous tar group designation for a period of- (A) 2 weeks, in the case of a tobacco advertisement in a newspaper published at intervals of a week or less than a week; or (B) 3 months, in the case of a tobacco advertisement in any other printed publication. (L.N. 13 of 1998) Cap 371A reg 4 Determination by the proprietor of the brand Where- (a) there has been no determination for a brand of cigarettes published under section 16 of the Ordinance or no designation under regulation 2, as the case may be; or (b) the manufacturer of the cigarettes has altered the tar and nicotine yields of any cigarettes and thereby rendered the previous determination or designation incorrect,the tar and nicotine yields and the tar group of the brand of cigarettes shall be determined by the proprietor of the brand, or his agent, having regard to regulation 2 and his own reasonable estimation of the tar and nicotine yields of the cigarette. (L.N. 13 of 1998) Cap 371A reg 5 Minor variations between past and present determinations Where the Government Chemist has published a determination under section 16 of the Ordinance for any brand of cigarettes and the determination differs by not more than one milligram from- (a) any previous determination by him; or (b) any estimation under regulation 4,and has the effect of placing the cigarettes in a tar group other than that to which they would have belonged in accordance with regulation 2 but for the difference, the brand of cigarettes may continue to be designated as belonging to the tar group they previously belonged to if the Government Chemist so approves in writing. (L.N. 76 of 1989; L.N. 13 of 1998) Cap 371A reg 6 Notification of retail sales (1) Upon any cigarettes being first offered for sale by retail and bearing on their packets or retail containers the tar and nicotine yields as determined under regulation 4, the person responsible for the wholesale distribution thereof shall, within 2 days following such first offer, notify the Government Chemist of such offer. (2) Any person who fails to notify the Government Chemist as required by paragraph (1) commits an offence and is liable on summary conviction therefor to a fine of $2000. (L.N. 76 of 1989; L.N. 13 of 1998) Cap 371A reg 6A Tobacco advertisements in printed publications (1) The provisions of this regulation shall apply to any tobacco advertisement in a printed publication which is required to carry a health warning and tar group designation under section 11 of the Ordinance. (2) The health warning carried shall be the prevailing health warning as is applicable at the time of publication of the printed publication. (3) The health warning shall be contained in a rectangular area and shall be as set out in the Schedule. (4) The area containing the health warning shall- (a) be in white colour and surrounded by a black line with the lettering and characters of the health warning printed in black colour; (b) occupy not less than 20% of the total area of the tobacco advertisement; and (c) contain nothing except the health warning.(5) The orientation of the health warning shall be the same as that of the tobacco advertisement. (6) The font type of the health warning shall be in Univers Bold typeface for the English version and (华康中黑体) typeface for the Chinese version. (7) The font size of the health warning and the size of the health warning in relation to the area containing the health warning shall be proportional to the form as shown in the Schedule. (8) The tar group designation shall be contained in an area appearing immediately below the area containing the health warning and subject to the following conditions- (a) the area shall only contain the tar group designation of the brand of cigarettes advertised; (b) the area shall be in white colour and surrounded by a black line as demarcation and the lettering and characters of the designation shall be in black colour; (c) the width of the area shall be the same width as that of the area of the health warning; (d) the font type and size of the letters and characters of the tar group designation in relation to the area containing the designation shall be the same as the letters and characters in the area containing the health warning (HKSAR GOVERNMENT HEALTH WARNING) "特区政府忠告市民"; (e) where more than one brand of cigarettes is illustrated in the tobacco advertisement and the brands have different tar group designations, the tar group designation of each brand shall be stated and all the tar group designations shall be given equal prominence; (f) the area shall not be counted towards the area containing the health warning; and (g) the area shall be at least of the same size as the area containing the health warning (HKSAR GOVERNMENT HEALTH WARNING) "特区政府忠告市民".(9) The Chinese version of the health warning and tar group designation shall be used in Chinese publications and the English version in English publications. The predominant language of a publication shall be regarded as the language of that publication. (10) Where the predominant language of a publication is unclear or is in a language other than English or Chinese, both the English and Chinese versions of the health warning and tar group designation shall be shown in each tobacco advertisement in that publication. (11) Where both the English and Chinese versions of the health warning and tar group designation are shown in a tobacco advertisement, each version shall be given equal prominence within the area containing the English and Chinese versions. (12) Where both the English and Chinese versions of the health warning are shown in a tobacco advertisement, each version shall be placed in a separate rectangle within the area referred to in paragraph (4). (13) Where both the English and Chinese versions of the tar group designation are shown in a tobacco advertisement, each version shall be placed in a separate rectangle within the area referred to in paragraph (8). (14) Where a tobacco advertisement depicts the 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 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 as shown in the tobacco advertisement. (L.N. 13 of 1998) Cap 371A reg 6B Additional provisions applying to tar group designations (1) The Chinese equivalents of the tar group designations specified in regulation 2 to be used for the purposes of section 11 of the Ordinance shall be- Low tar (焦油含量低) Middle tar (焦油含量中) High tar (焦油含量高) (2) The tar group designation may be followed by the word "Group" in English or "类" in Chinese. (3) In the case of a tobacco advertisement appearing in a printed publication to which section 11 of the Ordinance applies, where the tar group designation has been determined under regulation 4 the words "Manufacturers Estimate" in English and "制造商估计" in Chinese shall appear immediately after the words or characters indicative of the tar group designation. (L.N. 13 of 1998) Cap 371A reg 7 Exemption of certain advertisements from Part IV of the Ordinance There shall be exempted from the provisions of Part IV of the Ordinance tobacco advertisements in printed publications to which section 11 of the Ordinance applies where such advertisements- (a) are in a publication printed before the coming into operation of Part IV or any subsequent amendment made to Part IV; or (b) conform with the provisions of that section save that they bear an incorrect tar group designation if they bear a tar group designation which they could lawfully bear at the time when they were printed. (L.N. 13 of 1998) Cap 371A reg 8 (Repealed L.N. 13 of 1998) Cap 371A SCHEDULE [section 6A] HEALTH WARNINGS ON TOBACCO ADVERTISEMENTS IN PRINTED PUBLICATIONS 1. (1) From 1 January to 29 February (both dates inclusive) of a year, the prevailing health warning shall be- HKSAR GOVERNMENT HEALTH WARNING English version SMOKING KILLS 特区政府忠告市民 Chinese version 吸烟足以致命 (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 特区政府忠告市民 Chinese version 吸烟引致癌病 (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 特区政府忠告市民 Chinese version 吸烟引致心脏病 (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 特区政府忠告市民 Chinese version 吸烟引致肺癌 (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 特区政府忠告市民 Chinese version 吸烟引致 呼吸系统疾病 (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 特区政府忠告市民 Chinese version 吸烟祸及子女 (L.N. 13 of 1998)
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