### Kowloon-Canton Railway Corporation Ordinance 《九廣鐵路公司條例》

37. Corporation may prosecute in its name etc.
(1) Without prejudice to any Ordinance relating to the prosecution of criminal offences or to the powers of the Secretary for Justice in relation to the prosecution of criminal offences, prosecutions for an offence under this Ordinance may be brought in the name of the Corporation.
(2) Where a complaint is made or an information laid for an offence under this Ordinance by any person acting on behalf of the Corporation the complainant or informant shall be deemed to act on behalf of the Secretary for Justice. (Amended 23 of 2002 s. 4)
(Amended L.N. 362 of 1997)

38. Arrest of offenders 

(Suspended from 2 December 2007—see section 40)
(1) A police officer, a railway employee or any person called to assist a railway employee in making an arrest may arrest without warrant any person reasonably suspected of committing an offence under this Ordinance.
(2) A person arrested under subsection (1) shall be taken forthwith to the nearest police station and thereafter section 52 of the Police Force Ordinance (Cap. 232) shall apply.

39. Savings
Notwithstanding the repeal of section 28 (the repealed section

40. Suspension of certain provisions during Concession Period
(1) The operation of the following is suspended during the Concession Period—
(a) Part IV and sections 25 and 38;
(b) sections 23, 34B and 35A; and
(c) the Kowloon-Canton Railway Corporation (Permitted Activities) (Consolidation) Order (Cap. 372 sub. leg. D).
(2) Subsection (1)(a) does not apply where the franchise granted to the MTR Corporation Limited under section 4 of the Mass Transit Railway Ordinance (Cap. 556), or any part of it relating to those railways covered by a service concession, is suspended under that Ordinance.
(3) Section 23 of the Interpretation and General Clauses Ordinance (Cap. 1) shall have the same effect in relation to the suspension of the operation of any provision by virtue of this section as it would have if such provision had been repealed.

### Smoking (Public Health) Regulations 《吸煙(公眾衞生)規例》

1. Citation
These regulations may be cited as the Smoking (Public Health) Regulations.

3. Determination by the Government Chemist
Where—
(a) the Government Chemist has published a determination (relevant determination

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
(b) the manufacturer of the cigarettes has altered the tar and nicotine yields of any cigarettes and thereby rendered the previous determination incorrect,
the tar and nicotine yields of the brand of cigarettes shall be determined by the proprietor of the brand, or his agent, having regard to his own reasonable estimation of the tar and nicotine yields of the cigarette.
(L.N. 13 of 1998; 21 of 2006 s. 27)

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 Director of Health of such offer.
(2) Any person who fails to notify the Director of Health as required by paragraph (1) commits an offence and is liable on summary conviction therefor to a fine at level 1.
(L.N. 76 of 1989; L.N. 13 of 1998; 21 of 2006 s. 29; E.R. 1 of 2012)

7. Exemption of certain advertisements from Part 4 of the Ordinance
There shall be exempted from the provisions of Part 4 of the Ordinance smoking product advertisements in printed publications to which section 11 of the Ordinance applies where such advertisements— (39 of 2021 s. 32)
(a) are in a publication printed before 31 December 1999. (21 of 2006 s. 32)
(b) (Repealed 21 of 2006 s. 32)(L.N. 13 of 1998; E.R. 1 of 2012)

### Smoking (Public Health) Ordinance 《吸煙(公眾衞生)條例》

1. Short title
This Ordinance may be cited as the Smoking (Public Health) Ordinance.

### Smoking (Public Health) Ordinance 《吸煙(公眾衞生)條例》

7. Offences under Part 2
(1) Any person who contravenes section 3 or 4 commits an offence and is liable on summary conviction to a fine at level 2. (Amended E.R. 5 of 2021)
(2) Any person who fails to give his name and address or to produce proof of identity when required to do so under section 3(3) or 4(2) or who then gives a false or misleading name or address commits an offence and is liable on summary conviction to a fine at level 3.
(3)-(4) (Repealed 21 of 2006 s. 8)(Amended 9 of 1992 s. 5; 93 of 1997 s. 5; E.R. 1 of 2012)

### Smoking (Public Health) Ordinance 《吸煙(公眾衞生)條例》

8. Sales of conventional smoking products
(Amended 39 of 2021 s. 8)(1) No person shall sell, offer for sale or possess for the purposes of sale any cigarettes unless—
(a) they are in a packet of at least 20 sticks; and
(b) the packet thereof and, if the packet is within a retail container, the container also, bear in the prescribed form and manner—
(i) a health warning;
(ii) the tar and nicotine yields. (Replaced 93 of 1997 s. 6)
(2) Nothing in this section or in section 8A or 9 shall apply to anything done in relation to cigarettes, cigarette tobacco, cigars or pipe tobacco which are held— (Amended 9 of 1992 s. 6; 91 of 1994 s. 6)
(a) in bond; or
(b) by a manufacturer of conventional smoking products, (Amended 39 of 2021 s. 8)
for export from Hong Kong.

8A. Prohibition on sale of cigarette with a tar yield exceeding 17 milligrams
(1) No person shall sell, offer for sale or possess for the purposes of sale any cigarette containing an amount of tar exceeding 17 milligrams.
(2) A certificate purporting to be under the hand of the Government Chemist and stating that a cigarette contains an amount of tar exceeding 17 milligrams shall be evidence of the facts stated in the certificate as at the date of such certificate and shall be received in evidence without further proof.
(Added 9 of 1992 s. 7. Amended 93 of 1997 s. 7)

8B. Prohibition on sale of conventional smoking products from a vending machine
(Amended 39 of 2021 s. 9)No person shall sell or offer for sale any conventional smoking product from a vending machine.
(Added 93 of 1997 s. 8. Amended 39 of 2021 s. 9)

9. Sale of cigar, pipe tobacco or cigarette tobacco
No person shall sell, offer for sale or possess for the purposes of sale any cigar, pipe tobacco or cigarette tobacco unless it is in a retail container that bears a health warning in the prescribed form and manner.
(Replaced 91 of 1994 s. 7. Amended 21 of 2006 s. 10)