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

15G. General powers and duties of inspectors
(1) Without limiting any other provisions of this Ordinance, an inspector may, subject to subsections (2) and (3) and on production of his authority as an inspector if requested, do all or any of the following—
(a) at any time enter any place in which the inspector reasonably suspects that a relevant offence has been or is being committed;
(b) at any reasonable time enter and inspect a no smoking area in a public place for the purpose of ascertaining whether the relevant provisions are complied with;
(c) seize any thing that appears to the inspector to be evidence of any relevant offence;
(d) require any person to give his name and address and to produce proof of identity if the inspector reasonably suspects that the person has committed a relevant offence;
(e) take photographs or make sound or video recording for the purpose of obtaining evidence in connection with any relevant offence;
(f) require any person to produce for inspection documents or records under the control of the person for the purpose of enabling the inspector to ascertain whether the relevant provisions are complied with;
(g) make copies of all or any part of any such documents or records;
(h) require any person to provide the inspector with such assistance or information as is reasonably necessary to enable the inspector to exercise any power or perform any duty conferred or imposed by this Ordinance.
(2) An inspector shall not enter under subsection (1)(a)—
(a) any domestic premises; or
(b) any correctional facility without the approval of the Commissioner of Correctional Services.
(3) An inspector shall not enter under subsection (1)(b) any public place that is a common part of any premises to which the public are not entitled or permitted to have access.
(4) A person who wilfully obstructs an inspector who is in the exercise of a power or the performance of a duty conferred or imposed by this Ordinance commits an offence and is liable on summary conviction to a fine at level 3.
(5) A person who fails to give his name and address or to produce proof of identity when required to do so under subsection (1)(d), 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.

15H. Disposal of property seized by inspectors
(1) If an inspector seizes any property while exercising a power or performing a duty conferred or imposed by this Ordinance, section 102 of the Criminal Procedure Ordinance (Cap. 221) shall apply as if the inspector were the police within the meaning of that section and such property were property that had come into possession of the police in connection with a criminal offence. (Amended 39 of 2021 s. 24)
(2) (Repealed 16 of 2023 s. 9)

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

15I. Inspectors not personally liable for certain acts and omissions
(1) An inspector is not personally liable for any act done or omitted to be done by the inspector while exercising a power or performing a duty conferred or imposed by this Ordinance if the inspector did the act or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance.
(2) Subsection (1) does not affect any liability that the Government may have because an inspector has done an act or omitted to do an act to which that subsection applies.

16. Evidence of tar and nicotine yields
(1) The Government Chemist may from time to time analyse any cigarette for the purpose of determining its tar and nicotine yields for the purposes of this Ordinance and may publish the result of any such analysis.
(2) The determination of the Government Chemist under subsection (1) as published by him shall be evidence of the tar and nicotine yields of the brand of cigarettes from which the cigarette analysed was taken subject to such conditions or limitations as may be prescribed; and any publication purporting to be a determination so published shall be deemed to be such a determination unless and until the contrary is proved.
(3) The power of a member of the Customs and Excise Service to take samples of any goods to which the Dutiable Commodities Ordinance (Cap. 109) applies conferred by section 11(1)(d) of that Ordinance shall extend to the taking of samples of cigarettes for analysis by the Government Chemist for the purposes of this section.
(Amended 93 of 1997 s. 22)

16A. Amendment of Schedules
The Secretary may by order published in the Gazette amend the Schedules.
(Added 9 of 1992 s. 14. Amended 80 of 1997 s. 22; L.N. 106 of 2002; L.N. 130 of 2007)

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

18. Regulations and Orders
(1) The Chief Executive in Council may make regulations for all or any of the following matters— (Amended 60 of 2000 s. 3)
(a) prescribing anything required or permitted to be prescribed under this Ordinance;
(b) prescribing the manner in which the tar and nicotine yields of a cigarette are to be determined; (Replaced 93 of 1997 s. 23)
(c) requiring notification of anything done by any person which may be relevant to the tar and nicotine yields of cigarettes and imposing penalties not exceeding a fine at level 3 for a failure to comply with such requirement; (Amended 9 of 1992 s. 15)
(d) excepting any tobacco advertisement from the provisions of Part 4 either absolutely or subject to such exceptions as may be prescribed; and
(e) for the better carrying into effect of this Ordinance.
(2) Subject to the regulations, the Secretary may by order in the Gazette prescribe all or any of the following matters—
(a) the form (including specifications) of—
(i) (Repealed 21 of 2006 s. 20(b))(ii) any health warning; and
(iii) any indication of tar and nicotine yields;
(b) the manner in which any of the matters referred to in paragraph (a) is to be displayed. (Replaced 21 of 2006 s. 20(a))
(Amended 93 of 1997 s. 23; E.R. 1 of 2012)

19. (Repealed 39 of 2021 s. 25)

### Smoking (Public Health) (Prescribed Information) Order 《吸煙(公眾衞生)(訂明資訊)令》

1. Citation
This Order may be cited as the Smoking (Public Health) (Prescribed Information) Order.
(L.N. 66 of 2017)

2A. Interpretation
(1) In this Order— (L.N. 126 of 2017)
specified seal (指明封條), in relation to a packet of cigarettes, means an affixture to the packet that is affixed to—(a) the top part of the 2 surfaces that bear the health warning; and
(b) the surface that adjoins the top of those 2 surfaces; (L.N. 126 of 2017)

surface (表面), in relation to a packet of cigarettes, or a retail container of cigarette packets, cigars, pipe tobacco or cigarette tobacco—(a) means an outer surface of the packet or container; and
(b) includes any part of the lid of the packet or container that forms part of the surface.

(2) For the purposes of paragraph 3, a packet is a specified packet with seal if—
(a) the packet does not have a lid any part of which forms, when the lid is closed, part of a surface that bears the health warning;
(b) the packet bears one specified seal that partially obscures any health warning appearing on any surface of the packet; and
(c) the area of the warning so obscured does not exceed 23 mm in width and 14 mm in length. (L.N. 126 of 2017)
(L.N. 66 of 2017)