Having no definition for this key term makes interpretation of Section 14(4A) of the Smoking Ordinance difficult. In addition, the lack of definition of “sponsorship” can hamper application and implementation of FCTC Art. 13 and the FCTC Art. 13 Guidelines.
A definition of “tobacco sponsorship” should be provided in accordance with FCTC Art. 1(g).
Any form of contribution to any event, activity, or individual with the aim, effect or likely effect of promoting a tobacco product or tobacco use directly or indirectly. (FCTC Art. 1(g))
Advertisement (Sec. 2): any announcement to the public made or to be made in any manner.
Under Section 2, “tobacco advertisement” has the meaning assigned to it by Section 14.
Section 14 states:
(1) For the purposes of this Part an advertisement is a tobacco advertisement if it-
(a) contains any express or implied inducement, suggestion or request to purchase or smoke cigarettes, cigarette tobacco, cigars or pipe tobacco;
(b) relates to smoking in terms which are calculated, expressly or impliedly, to promote or encourage the use of cigarettes, cigarette tobacco, cigars or pipe tobacco; or
(c) illustrates or mentions smoking or cigarettes, cigarette tobacco, cigars or pipe tobacco or their packages or qualities.
Promotion or advertisement: a promotion or advertisement intended as an inducement to purchase, smoke or encourage the use of cigarettes, cigarette tobacco, cigars or pipe tobacco, whether or not with reference to a particular brand.
The definitions of “tobacco advertisement” and “promotion and advertisement” are narrower than the definition of “tobacco advertising and promotion” contained in the FCTC.
The definitions apply to advertisements for smokeable tobacco products only, and not to smokeless tobacco products. However, smokeless tobacco products are banned in Hong Kong and therefore the definition is appropriate for the ban on advertising of tobacco products in Hong Kong.
Any form of commercial communication, recommendation, or action with the aim, effect or likely effect of promoting a tobacco product or tobacco use either directly or indirectly. (FCTC Art. 1(c))
Tobacco product: any cigarette, cigarette tobacco, cigar or pipe tobacco.
The definition of “tobacco product” is narrower than the FCTC definition because it encompasses only the listed types of tobacco products. It does not encompass other types of smokeable tobacco products, such as bidis, that may not yet be common in Hong Kong. It also does not encompass smokeless tobacco products; however, such products are banned in Hong Kong.
To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, a definition of “tobacco product” should be provided in accordance with FCTC Art. 1(f) or, at a minimum, the definition should encompass all types of tobacco products.
Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))