### Control of Obscene and Indecent Articles Regulations 《淫褻及不雅物品管制規例》

1. Citation
These regulations may be cited as the Control of Obscene and Indecent Articles Regulations.

2. Fees
A fee specified in an item in the Schedule shall be payable to the Registrar in respect of the matter specified in that item.

3. Waiver of fees
The Registrar may waive in whole or in part any fee specified in—
(a) item 1, 2 or 3 of the Schedule where he is of the opinion that the article to which the fee relates has educational or scientific or other benefit to the public or any part of the public;
(b) item 1 of the Schedule where the application to which the fee relates is one of 2 or more applications received by the Registrar at one time from one person;
(c) item 2 of the Schedule where the notice to which the fee relates is one of 2 or more notices received by the Registrar at one time from one person;
(d) item 3 of the Schedule where the request to which the fee relates is one of 2 or more requests received by the Registrar at one time from one person; and
(e) item 4 or 6 of the Schedule where he is of the opinion that the purpose for which the search to which the fee relates is made has educational or scientific or other benefit to the public or any part of the public,
and, in each case where the Registrar waives such a fee, he shall record in writing the reason therefor.

4. Fees payable to adjudicators
For every day on which an adjudicator serves as a member of the Tribunal, the adjudicator is to be paid a fee of—
(a) if the service on that day is for not less than half a day—$1,035; and
(b) if the service on that day is for less than half a day—$520.
(L.N. 50 of 2021)

5. Manner of giving notice under section 18
A notice of classification required in respect of any article by section 18(1) of the Ordinance shall—
(a) be in writing in English and Chinese;
(b) state—
(i) the title and description of the article;
(ii) the classification of the article and the date on which that classification took effect; and
(iii) any conditions imposed under section 8(2)(c) of the Ordinance;
(c) in the case of a Class II article, state in full the provisions of sections 22, 24 and 27 of the Ordinance, for which purpose copies of those sections may be attached to the notice; and
(d) be given not later than the time of publication of a third copy of the article to the person to whom the notice is required by section 18(1) of the Ordinance to be given.

### Hong Kong Council on Smoking and Health Ordinance 《香港吸煙與健康委員會條例》

1. Short title
This Ordinance may be cited as the Hong Kong Council on Smoking and Health Ordinance.

2. Interpretation
In this Ordinance, unless the context otherwise requires—
Chairman (主席) means the Chairman of the Council appointed under section 5(1) or any other member when acting under section 5(4) as Chairman;
Council (委員會) means the Hong Kong Council on Smoking and Health established under section 3;
Executive Director (總幹事) means the person who holds the office of Executive Director under section 10;
financial year (財政年度) means the period commencing on 1 April each year and ending on 31 March in the year following and includes the period commencing on 1 April 1987 and ending on 31 March 1988;
member (委員) means a member of the Council referred to in section 5(1) and includes any person when acting under section 5(4) as a member;
Vice-Chairman (副主席) means the Vice-Chairman of the Council appointed under section 5(1) or any other member when acting under section 5(4) as Vice-Chairman.

3. Council established and incorporated
(1) There shall be a body corporate called the Hong Kong Council on Smoking and Health.
(2) The purposes of the Council are to—
(a) protect and to improve the health of the community by acquiring and disseminating, and assisting others to acquire and to disseminate, information concerning the causes, prevention and cure of tobacco dependence in human beings and its adverse effects and related diseases;
(b) engage in research into the causes, prevention and cure of tobacco dependence in human beings and its adverse effects and related diseases and to promote and to assist such research by other individuals and organizations and to publish the results of such research;
(c) advance the education of the public concerning the effects of the smoking of tobacco and other forms of usage of tobacco and its effects on the health of the community and the individual;
(d) take such action as it thinks justified by information in its possession including giving advice to the Government, to any public body, to any public officer, to community health organizations, or to the public on the causes, prevention and cure of tobacco dependence in human beings and its adverse effects and related diseases;
(e) engage in such other activities, and to perform such other functions, as the Chief Executive may, after consultation with the Council, permit or assign to it by order published in the Gazette. (Amended 60 of 2000 s. 3)
(3) The Council shall have perpetual succession and a common seal and be capable of suing and being sued and of doing and suffering all such other acts and things as bodies corporate may lawfully do and suffer.

### Hong Kong Council on Smoking and Health Ordinance 《香港吸煙與健康委員會條例》

4. General powers of Council
(1) The Council may do such things as are expedient for or conducive to the attainment of the purposes declared in or permitted or assigned under section 3(2) or of any purpose reasonably incidental to or consequential upon any of those purposes.
(2) Without restricting the generality of subsection (1) the Council may—
(a) take on lease, purchase, or otherwise acquire and hold, manage and enjoy property of any description, and sell, let or otherwise dispose of the same;
(b) enter into, assign or accept the assignment of, and vary or rescind any contract or obligation;
(c) produce or distribute, by way of sale or otherwise, any publication which it considers may be of interest to the public or may assist in the furtherance of its purposes;
(d) charge for the use of any facility or service provided by the Council;
(e) do any thing which it may do under this Ordinance in association or co-operation with any other person or sponsor any other person to do that thing; and
(f) become a member of or affiliate to any international body concerned with any matter relating to its purposes.

5. Membership of Council
(1) The Council shall consist of the following members—
(a) a Chairman who shall be appointed by the Chief Executive for a term not exceeding 3 years;
(b) a Vice-Chairman who shall be appointed by the Chief Executive for a term not exceeding 3 years; and
(c) not less than 13 nor more than 15 other persons each of whom shall be appointed by the Chief Executive for a term not exceeding 3 years.
(2) Any member appointed under this section may be appointed again on the expiry of his term of office.
(3) Any member appointed under this section may at any time—
(a) resign his office by notice to the Chief Executive; or
(b) be removed from office by the Chief Executive for permanent incapacity or other sufficient cause,
and upon such resignation or removal the term for which he was appointed shall be deemed to have expired.
(4) Where any member appointed under subsection (1)(a) or (b) is precluded by temporary incapacity or other cause from exercising his functions as a member for any period, the Chief Executive may appoint another person to act in place of that member during that period with all such rights, powers, duties or liabilities as if that person had been appointed under subsection (1)(a) or (b), as the case may be.
(5) Where any question arises under subsection (3) or (4) as to whether any incapacity or cause exists or whether any incapacity is temporary or permanent or any cause sufficient, the decision of the Chief Executive shall be final.
(Amended 60 of 2000 s. 3)