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

15DA. Prohibition on manufacture or sale, etc.
(Amended 16 of 2023 s. 6)(1) No person may—
(a) (Repealed 16 of 2023 s. 6)(b) manufacture an alternative smoking product;
(c) sell, or offer for sale, an alternative smoking product;
(d) give an alternative smoking product to another person—
(i) for promotion or advertisement;
(ii) in exchange for a token; or
(iii) as a prize in any event or competition;
(e) possess an alternative smoking product for—
(i) the manufacture of any other alternative smoking product;
(ii) sale; or
(iii) giving it to another person for the purpose mentioned in paragraph (d)(i), (ii) or (iii);
(f) give valuable consideration to another person in order to promote to the person an alternative smoking product; or
(g) give another person an object that is intended to be shown in public, and that contains—
(i) the name or trade name of a person associated with the marketing of alternative smoking products; or
(ii) a trade mark or brand name of an alternative smoking product, or a pictorial device, or any part of the device, commonly associated with the trade mark or brand name.
(2) A reference to the sale of an alternative smoking product in subsection (1)—
(a) includes the sale of any product that includes, or is accompanied by, an alternative smoking product as a gift; and
(b) does not include the sale of the product with a view to exporting the product.
(3) For the purposes of subsection (1), an act is a promotion or advertisement in relation to a product if the act is a promotion or advertisement intended as an inducement to smoke, or encourage the use of, the product, whether or not a particular brand is mentioned.
(4) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.
Note—Export

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

15DB. Liability of officers of bodies corporate, partners and members of unincorporated bodies
(1) If a body corporate commits an offence under section 15DA(4), and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (2); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(2) The person referred to in subsection (1) is—
(a) a director, manager, secretary or other similar officer of the body corporate; or
(b) a person purporting to act in the capacity of a person referred to in paragraph (a).
(3) If a partner in a partnership commits an offence under section 15DA(4), and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (4); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(4) The person referred to in subsection (3) is—
(a) any other partner in the partnership or any other person concerned in the management of the partnership; or
(b) a person purporting to act in the capacity of a person referred to in paragraph (a).
(5) If a member of any other unincorporated body commits an offence under section 15DA(4), and it is proved that the offence—
(a) was committed with the consent or connivance of a person specified in subsection (6); or
(b) is attributable to any neglect on the part of the person,
the person also commits the offence.
(6) The person referred to in subsection (5) is—
(a) any other member, or any manager, secretary or other similar officer, of the unincorporated body; or
(b) a person purporting to act in the capacity of a person referred to in paragraph (a).

15DF. Relationship with Pharmacy and Poisons Ordinance
(1) This Part does not limit the Pharmacy and Poisons Ordinance (Cap. 138).
(2) If an alternative smoking product is registered as a pharmaceutical product under regulation 36 of the Pharmacy and Poisons Regulations (Cap. 138 sub. leg. A), other provisions of this Part do not apply in relation to the product.

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

15DG. Enforcement powers of inspectors
(1) An inspector may seize, remove or detain any article if the inspector reasonably suspects that—
(a) the article is an alternative smoking product; and
(b) an offence under section 15DA(4) has been committed, is being committed or is about to be committed in respect of the article.
(2) If an inspector reasonably suspects that a person has committed or is committing an offence under section 15DA(4), the inspector may detain the person for a reasonable period to facilitate the enforcement of section 15DA.
(3) A magistrate may issue a warrant empowering an inspector named in the warrant to at any time enter any place that is neither a public place nor a domestic premises if it appears to the magistrate from information on oath that there is reasonable cause for suspecting that an offence under section 15DA(4) has been committed, is being committed or is about to be committed in that place.
(4) In exercising a power under subsection (1) or (2), or under a warrant mentioned in subsection (3), an inspector must, if requested, produce proof of his or her authority as an inspector.
(5) This section does not limit section 15G(1)(c), (d), (e), (f), (g) or (h).

15DI. Saving provision relating to Import and Export (Amendment) Ordinance 2023
If an alternative smoking product is imported before the date on which the Import and Export (Amendment) Ordinance 2023 (16 of 2023) (amending Ordinance

15E. Interpretation of Part 4B
In this Part—
relevant offence (有關罪行) means any offence under this Ordinance other than an offence under Part 3;
relevant provision (有關條文) means any provision of this Ordinance other than a provision of Part 3.
(Amended E.R. 1 of 2012)

15F. Appointment of inspectors
The Secretary may appoint in writing any public officer to be an inspector to exercise any of the powers and perform any of the duties conferred or imposed on an inspector by this Ordinance.