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

14A. Removal and disposal of smoking product advertisement
(Amended 39 of 2021 s. 19)(1) An inspector may, without payment for it, remove or cause to be removed any smoking product advertisement or advertising structure in respect of which he reasonably suspects that an offence under this Ordinance has been or is being committed. (Amended 21 of 2006 s. 16)
(2) A magistrate may, on an application of the Secretary or an inspector, order the disposal of any advertisement or structure removed under subsection (1), whether or not any person is convicted of any offence under this Ordinance, on the grounds that an offence under this Ordinance has been or is being committed in relation to the advertisement or structure. (Amended 21 of 2006 s. 16)
(3) The magistrate shall not order such disposal unless he is first satisfied that all persons with an interest in such advertisement or structure have, in so far as is reasonably practicable, had the opportunity of making representations thereon to the magistrate or that no such persons can, after reasonable inquiry, be found.
(4) The Government may recover the costs of the removal or disposal from the proprietor of the brand of smoking product which is mentioned in the removed advertisement or structure or from the owner of the advertisement or structure.
(Added 93 of 1997 s. 16. Amended 39 of 2021 s. 19)

15. Offences under Part 4
(1) Any person who contravenes section 11(1), 12(1), 13, 13A or 13B commits an offence and is liable on summary conviction to a fine at level 5 and, in the case of a continuing offence, to a further penalty of $1,500 for each day during which the offence continues. (Amended 9 of 1992 s. 13; 93 of 1997 s. 17; 21 of 2006 s. 17)
(2) In any proceedings for a contravention of section 11(1) it shall be a defence for the person charged to prove that the advertisement to which the proceedings relate was printed or published in such circumstances that he did not know and had no reason to believe he was taking part in the printing or publication thereof.
(Amended E.R. 1 of 2012)

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

15A. Prohibition on selling or giving of conventional smoking products, etc.
(Amended 39 of 2021 s. 21)(1) No person shall sell any cigarette, cigarette tobacco, cigar or pipe tobacco to any person under the age of 18 years.
(2) No person shall, for the purposes of promotion or advertisement, give any cigarette, cigarette tobacco, cigar or pipe tobacco to any person. (Amended 93 of 1997 s. 19)
(3) No person shall—
(a) sell, offer for sale or give a conventional smoking product to any person in exchange for a token;
(b) give to any person a conventional smoking product as a prize in any event or competition;
(c) give valuable consideration to any person in order to induce the person to buy a particular conventional smoking product or otherwise to promote the product to the person; (Replaced 39 of 2021 s. 21)
(d) sell, offer for sale or possess for the purposes of sale a conventional smoking product which includes or is accompanied by a gift;
(e) sell, offer for sale or possess for the purposes of sale a conventional smoking product which includes or is accompanied by a token, stamp or raffle ticket, which may be exchanged for a gift, prize or discount on any product;
(f) sell, offer for sale or possess for the purposes of sale a product— (Amended 21 of 2006 s. 18; 39 of 2021 s. 21)
(i) that is not a smoking product; and
(ii) that includes or is accompanied by a conventional smoking product as a gift;
(fa) sell, offer for sale or possess for the purposes of sale a conventional smoking product and a product that is not a smoking product as a single item; or (Added 21 of 2006 s. 18)
(g) give to any person any object which contains the name or trade name of any person associated with the marketing of cigarettes, cigarette tobacco, cigars or pipe tobacco or contains any trade mark or brand name of a conventional smoking product or any pictorial device or part thereof commonly associated therewith, and which is intended to be shown in public. (Added 93 of 1997 s. 19. Amended 39 of 2021 s. 21)

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

15B. Display of sign when offering conventional smoking products for sale, etc.
(Amended 39 of 2021 s. 22)(1) Any person offering for sale, or promoting the sale, purchase, smoking or use of, cigarettes, cigarette tobacco, cigars or pipe tobacco shall place and keep in place in a prominent position at his premises or at the place of promotion a sign in English and Chinese to indicate that no cigarette, cigarette tobacco, cigar or pipe tobacco may be sold to any person under the age of 18 years or given to any person. (Amended 93 of 1997 s. 20)
(2) A sign required by subsection (1) shall be of the prescribed description and shall be maintained in legible condition and good order by the person offering for sale, or promoting the sale, purchase, smoking or use of, cigarettes, cigarette tobacco, cigars or pipe tobacco.

15C. Offences under Part 4A
(1) Any person who contravenes section 15A or 15B commits an offence and is liable on summary conviction to a fine at level 4.
(2) It shall be a defence to a charge under section 15A of selling any cigarette, cigarette tobacco, cigar or pipe tobacco to a person under the age of 18 years to prove that at the time the offence is alleged to have been committed, the person charged inspected an identity card or passport purporting to be the identity card or passport of the person under the age of 18 years and believed on reasonable grounds that such person was not under the age of 18 years. (Amended 93 of 1997 s. 21)
(Amended E.R. 1 of 2012)

15D. Interpretation
For the purposes of this Part promotion or advertisement (推廣或宣傳) means a promotion or advertisement intended as an inducement to purchase, smoke or encourage the use of cigarettes, cigarette tobacco, cigars or pipe tobacco, whether or not with reference to a particular brand.