CB(2) 577/98-99(01)

Legislative Council
Panel on Health Services
Meeting on 9 November 1998

Commencement of outstanding provisions in the
Smoking (Public Health) (Amendment) Ordinance 1997

Introduction

We propose to put into effect, in December 1998, the outstanding provisions of the Smoking (Public Health) (Amendment) Ordinance 1997 (Amendment Ordinance) and the amendments to its subsidiary legislations.

Background

2. The Amendment Ordinance was enacted on 26 June 1997, with the Smoking (Public Health) (Amendment) Regulation 1998 (Amendment Regulation) made on 6 January 1998. The whole package of legislative amendments to tighten tobacco control includes an Amendment Order which is still being prepared.

3. The outstanding provisions of the Amendment Ordinance, together with the entire Amendment Regulation, are planned to be brought into effect in end December 1998. The Amendment Order will be gazetted on the same date with immediate effect.

Smoking (Public Health) (Amendment) Ordinance 1997

4. Some provisions of the Amendment Ordinance came into effect on 1 April 1998 and 1 July 1998 respectively.

Major provisions which came into effect on 1 April 1998:

  • The manager of a premises specified in Schedule 4 of the Ordinance (ie, restaurants, schools, colleges, universities) may designate any part of such a premises as a no smoking area.

  • No person shall sell or offer for sale any tobacco product from vending machines.

  • No person shall place or cause to be placed tobacco advertisements on the Internet except those contained in private correspondence on the Internet and not for commercial purposes.

Major provisions which came into effect on 1 July 1998:

  • The meaning of tobacco advertisements is clarified.

  • All indoor areas open to the public in shopping malls, department stores, supermarkets (except the restaurants within) and banks are designated as no smoking areas.

  • No person shall give any tobacco product to any person (of any age) for the purposes of promotion or advertisement.


Major provisions to be brought into effect in end December 1998:

  • The manager of a restaurant having more than 200 seats shall designate at least one third of the area (excluding areas for a private event and separated by full height partition) as no smoking area.

  • The sale of packets containing less than 20 cigarettes is prohibited.

  • The sale of cigarettes with a tar yield exceeding 17 milligrams is prohibited.


Provisions which will come into effect in 1999:

The Amendment Ordinance also provides for the commencement of two provisions concerning tobacco advertising:

  • All tobacco advertisements on display (with some specified exceptions) will be prohibited starting from 26 June 1999.

  • All tobacco advertisements in printed publications will be prohibited starting from 31 December 1999.


Smoking (Public Health) (Amendment) Regulation 1998

5. Essentially, the Amendment Regulation provides for the form and manner in prescription of new tar group designations and new health warnings regarding tobacco advertisements in printed publications.

Draft Smoking (Public Health) (Notice) (Amendment) Order 1998

6. The draft Amendment Order will provide for the form and manner for new health warnings and indication of tar and nicotine yields for tobacco display advertisements and on packets and containers of tobacco products. The draft Amendment Order will come into effect on the day of its gazettal.

7. We propose that the draft Amendment Order may contain a grace period of 12 months for packets and containers of tobacco products to comply with the new requirements. Both the old health warnings and tar group designations and the new health warnings and indication of tar and nicotine yields may be used in the grace period. After the grace period expires, only new warnings and indication of tar and nicotine yields may be used. We also propose to provide a grace period for tobacco display advertisements. Those advertisements erected before the commencement of the Amendment Order bearing the old health warnings will still be allowed to exist. But, those erected after the commencement should bear the new health warnings. After 26 June 1999, all tobacco display advertisements will be prohibited and existing displays must be removed.

Conclusion

8. A commencement notice to bring into effect the remaining sections of the Amendment Ordinance and the Amendment Regulation will be gazetted in November 1998. The Administration is working closely with the Hong Kong Council on Smoking and Health on publicity arrangements.


Health and Welfare Bureau
November 1998