LANGUAGE
Last updated: December 13th 2021

Penalties

Activities / Violations
Entities That Can Be Held Responsible
Sanction(s)
 

Advertising and Promotion

Any person who contravenes the provisions applicable to advertising
Fine, Corrective action required
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Enforcement Agency

Any public officer authorized to be an inspector by the Secretary of Food and Health

Analysis

For violations of advertising provisions, Section 15 of the Smoking Ordinance provides for “a fine at level 5 and, in the case of a continuing offense, to a further penalty of $1500 for each day during which the offense continues.” (A Level 5 fine is HK $50,000 under Cap. 221.) For violations of promotion provisions, Section 15C of the Smoking Ordinance provides for “a fine at level 4.” (A Level 4 fine is HK $25,000 under Cap. 221.)

Section 14 of the Smoking Ordinance provides for corrective action, which includes seizure and disposal of the advertisement.

To align with Art. 13 and the FCTC Art. 13 Guidelines, the law should also provide for cumulative or greater penalties for repeat offenses, and license suspension or revocation where appropriate.

Sponsorship

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Analysis

Sponsorship is permitted under the Smoking Ordinance. Although sponsors are prohibited from advertising their sponsorship with the use of the words “cigarette,” “smoking,” “tobacco,” “cigar,” or “pipe,” there is no fine correlated with violation of this provision.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should ban tobacco sponsorship and provide appropriate penalties.