Information Note

PLC Panel on Health Services
Meeting on 9 March 1998

Commencement of Smoking (Public Health) (Amendment) Ordinance 1997

Purpose

This paper briefs Members on the commencement dates for certain provisions in the Smoking (Public Health) (Amendment) Ordinance 1997.

Background

2. The Smoking (Public Health) Ordinance was enacted in 1982 to protect public health by restricting the sale and promotion of tobacco products. The Smoking (Public Health) (Amendment) Ordinance 1997, which further restricts the sale and promotion of tobacco products, was enacted on 26 June 1997. The commencement dates for the provisions in the Amendment Ordinance are to be appointed by the Secretary for Health and Welfare by notice in the gazette.

Commencement Dates

3. The Smoking (Public Health) (Amendment) Ordinance 1997 (93 of 1997) (Commencement) Notice 1998 was made by the Secretary for Health and Welfare and published in the gazette on 20 February 1998. It assigns 1 April 1998 and 1 July 1998 as the commencement dates for some of the provisions in the Amendment Ordinance. In considering the commencement dates for various provisions, we have allowed sufficient time for the trade and related parties to adapt to the new requirements. The table at Annex summarizes the commencement dates. Highlights are set out below.
  1. No Smoking Area under Schedule 4 (1 April 1998)

    The Amendment Ordinance introduced a new Schedule 4 to the principal Ordinance. The manager of the premises under Schedule 4 may designate the whole or part of the premises concerned as no smoking areas with effect from 1 April 1998. Premises introduced under Schedule 4 include restaurants, schools, colleges, universities and the Hong Kong Academy for Performing Arts.

  2. Prohibition of tobacco products through vending machines (1 April 1998)

    With effect from 1 April 1998, it will be an offence to sell tobacco products from vending machines.

  3. Prohibition of placing tobacco advertisements on the Internet (1 April 1998)

    With effect from 1 April 1998, it will be an offence to place a tobacco advertisement on the Internet.

  4. Clarification of meaning of tobacco advertisements (1 July 1998)

    The new definition of tobacco advertisement provides that, inter alia, any accidental or incidental appearance of any tobacco product or the trade name, logo, etc. of any tobacco product is not a tobacco advertisement, provided that no valuable consideration has been given. Other than some specified exceptions, any advertisement or object (other than a tobacco product), which is displayed to the public, includes the trade name or brand name of a tobacco product shall be deemed to be a tobacco advertisement.

  5. No Smoking Area under Schedule 2 (1 July 1998)

    All indoor areas open to the public in a supermarket, bank, department store or shopping mall, except the restaurant within a department store or a shopping mall, will become designated no smoking areas starting from 1 July 1998.

    　

  6. Prohibition of giving tobacco products to any person for the purposes of promotion (1 July 1998)

    The existing law already prohibits the giving of tobacco products to any person under the age of 18 for the purposes of promotion. The Amendment Ordinance further restricts the giving of tobacco products to any person for the purposes of promotion, regardless of the recipient’s age.

Follow-up Actions

4. We have informed relevant bodies and enforcement agencies of the commencement dates that are of their relevance.

5. The Hong Kong Council on Smoking and Health has agreed that publicity programmes will be launched to tie in with the commencement dates. With the establishment of a hotline, COSH will be able to refer complainants to proper channels for necessary enforcement actions.

6. Since the remaining provisions of the Amendment Ordinance require further amendments to subsidiary legislation, their commencement dates will be announced later this year. These provisions relate to changes to the maximum tar yield allowed, indication of tar and nicotine yields on the cigarette packets and revision to the format and content of health warnings.

　

Health and Welfare Bureau

9 March 1998

　

ighlights of Commencement Dates for

Smoking (Public Health) (Amendment) Ordinance 1997, as at 9.3.98

　

　

　

Provisions

Date
　 　

The manager of a premise specified in Schedule 4 of the Smoking (Public Health) Ordinance may designate any part of such a premise as a no smoking area

1.4.98
　 　

No person shall sell tobacco products through vending machines

1.4.98
　 　

No person shall place tobacco advertisements on the Internet

1.4.98
　 　

The power of SHW and a magistrate to remove and dispose of illegal tobacco advertisements

1.4.98
　 　

Clarification of meaning of tobacco advertisements

1.7.98
　 　

The designation of all indoor areas open to the public in shopping malls, department stores, supermarkets and banks as no smoking areas

1.7.98
　 　

The prohibition of giving of tobacco products to any persons (of any age) for the purposes of promotion

1.7.98

　

　

Note :

　

For details, please refer to :

  • Smoking (Public Health) Ordinance Cap. 371;
  • Smoking (Public Health) (Amendment) Ordinance 1997, which was enacted on 26.6.97; and
  • Smoking (Public Health) (Amendment) Ordinance 1997 (93 of 1997) (Commencement) Notice 1998, which was gazetted on 20.2.98.