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

10. Offences under Part 3
(1) Any person who contravenes section 8, 8A, 8B or 9 commits an offence and is liable on summary conviction to a fine at level 5. (Amended 93 of 1997 s. 9; 21 of 2006 s. 11)
(1A)  In any proceedings for a contravention of section 8A it shall be a defence for the person charged to prove that he did not know and had no reason to believe that any cigarette to which the proceedings relate contained an amount of tar exceeding 17 milligrams. (Added 9 of 1992 s. 8)
(2) Any manufacturer of cigarettes or his agent and any wholesale distributor of cigarettes who sells, offers for sale or possesses for the purpose of sale any cigarettes to which section 8 applies which have on their packet or retail container a tar yield or nicotine yield which, having regard to any determination under section 16 and the regulations, is incorrect, commits an offence and is liable on summary conviction to a fine at level 5. (Amended 21 of 2006 s. 11)
(3) Any manufacturer of conventional smoking products or his agent, or any wholesale distributor of conventional smoking products, who sells, offers for sale or possesses for the purpose of sale any conventional smoking product to which section 8 or 9 applies commits an offence if any packaging of the product (including any packet, retail container, wrapping, and any label attached to or printed on the packaging or the product)— (Amended 39 of 2021 s. 10)
(a) bears any term, descriptor, trade mark, figurative or any other sign that is likely to create an erroneous impression that the product is less harmful to health than other conventional smoking products the packaging of which does not bear such term, descriptor, trade mark, figurative or sign; or (Amended 39 of 2021 s. 10)
(b) promotes the product by any means that is false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions. (Replaced 21 of 2006 s. 11)
(4) A person who commits an offence under subsection (3) is liable on summary conviction to a fine at level 5. (Added 21 of 2006 s. 11)
(Amended 9 of 1992 s. 8; 93 of 1997 s. 9; E.R. 1 of 2012)

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

11. Smoking product advertisements in printed publications
(Amended 39 of 2021 s. 13)(1) No person shall print, publish or cause to be published a smoking product advertisement in a printed publication to which this section applies. (Replaced 93 of 1997 s. 11. Amended 39 of 2021 s. 13)
(2) This section applies to—
(a) any local newspaper;
(b) any printed document printed, published or distributed in Hong Kong. (Replaced 93 of 1997 s. 11)
(3) Nothing in this section or section 12 applies in relation to a smoking product advertisement in a printed publication that is published—
(a) for the smoking products trade; or
(b) as the in-house publication of any company engaged in that trade. (Replaced 39 of 2021 s. 13)
(Amended 21 of 2006 s. 13)

12. No display of smoking product advertisement
(Amended 39 of 2021 s. 14)(1) No person shall—
(a) display or cause to be displayed; or
(b) publish or distribute for the purpose of display or cause to be published or distributed for the purpose of display,
any smoking product advertisement in writing or other permanent or semi-permanent form.
(2)-(3) (Repealed 21 of 2006 s. 14)(4) Subsection (1) does not apply to any smoking product advertisement which— (Amended 39 of 2021 s. 14)
(a) is in or upon any premises—
(i) of any manufacturer of conventional smoking products or any wholesale dealer dealing in conventional smoking products; and (Replaced 39 of 2021 s. 14)
(ii) which are used for the manufacturing of conventional smoking products or for the purpose of dealing by wholesale in conventional smoking products; and
(b) is not visible from outside the premises.
(5) The advertisement mentioned in subsection (4) is not required to bear a health warning or the tar and nicotine yields.
(Replaced 93 of 1997 s. 12. Amended 39 of 2021 s. 14)

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

13. Prohibition on broadcast of smoking product advertisement by radio or visual images
(Amended 39 of 2021 s. 15)No person shall broadcast a smoking product advertisement— (Amended 91 of 1994 s. 12; 39 of 2021 s. 15)
(a) by the transmission of sound by means of radio waves; or
(b) by the transmission of visual images or sound by wireless or otherwise than by wireless,
intended for general reception by members of the public. (Amended 93 of 1997 s. 13)
(Replaced 9 of 1992 s. 11)

13A. Prohibition on exhibition of smoking product advertisement by film
(Amended 39 of 2021 s. 16)(1) No person shall exhibit a smoking product advertisement by film. (Amended 91 of 1994 s. 13; 39 of 2021 s. 16)
(2) In this section exhibit (上映) and film (電影) mean, respectively, exhibit and film within the meaning of section 2 of the Film Censorship Ordinance (Cap. 392).
(Added 9 of 1992 s. 11)

13B. Prohibition on placing of smoking product advertisement on the Internet
(Amended 39 of 2021 s. 17)(1) No person shall place or cause to be placed a smoking product advertisement on the Internet.
(2) For the avoidance of doubt, a holder of a Public Non-Exclusive Telecommunications Service Licence granted under the Telecommunications Ordinance (Cap. 106) shall not be responsible for— (Amended 36 of 2000 s. 28)
(a) any content placed on the Internet by a user and made available for the use of another user unless the holder has knowledge of such content and can reasonably be expected to block the use of such content or require amendment of such content; or
(b) any such content to which the holder only provides access, including the automatic and temporary storage of such content by the holder due to the request of a user.
(3) Subsection (1) shall not apply to any smoking product advertisement which is contained in any private correspondence on the Internet and is not for commercial purposes.
(Added 93 of 1997 s. 14. Amended 39 of 2021 s. 17)