Page:Smoking (Public Health) Ordinance 1982 (Cap. 371).pdf/8

A286 14. (1) For the purposes of this Part an advertisement is a cigarette advertisement if it—
 * (a) contains any express or implied inducement, suggestion or request to purchase or smoke cigarettes or cigarette tobacco; or
 * (b) relates to smoking in terms which are calculated, expressly or impliedly, to promote or encourage the use of cigarettes or cigarette tobacco.

(2) An advertisement which mentions the name or trade name of any person associated with the marketing of cigarettes or cigarette tobacco or a brand name of cigarettes or cigarette tobacco or any pictorial device commonly associated therewith or which illustrates or mentions smoking or cigarettes or cigarette tobacco or their packages or qualities shall be deemed to be a cigarette advertisement unless the contrary is proved.

(3) Notwithstanding subsection (2), no advertisement shall be deemed to be a cigarette advertisement only because it uses the name or trade name or a brand name of, or otherwise identifies, a person associated with the manufacture or marketing of cigarettes or cigarette tobacco as the sponsor of an event or as congratulating another person or thing on an achievement of, or event relating to, such person or thing.

15. (1) Any person who contravenes section 11(1), 12(1) or 13(4) commits an offence and is liable on summary conviction to a fine of $5,000 and, in the case of a continuing offence, to a further penalty of $500 for each day during which the offence continues.

(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. PART V

16. (1) The Government Chemist may from time to time analyse any cigarette for the purpose of determining the tar group to which it belongs 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 group 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 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.

17. Section 7(1) of the Places of Public Entertainment Ordinance is amended by inserting, after paragraph (1), the following paragraph—

“(ia) the inclusion in any cigarette advertisement (as defined for the purposes of the Smoking (Public Health) Ordinance 1982), intended for exhibition at a cinematographic display, of a health