SMOKING (PUBLIC HEALTH) (NOTICES) ORDER

SMOKING (PUBLIC HEALTH) (NOTICES) ORDER

SMOKING (PUBLIC HEALTH) (NOTICES) ORDER

(Cap. 371, section 18(2))

[13 August 1982.]

1. This order may be cited as the Smoking (Public Health) (Notices)
Order.

2. No smoking signs placed under section 5(1) of the Ordinance
shall

(a)read 'No Smoking' or 'Smoking Prohibited' and in Chinese

(b) be in plain and readily legible letters or characters;

(c) be on a background of contrasting colour.

3. (1) The form of the health warning and tar group designation
which is to be borne on the packets of cigarettes containing less than 20
cigarettes shall be as set out in Part 1 of the Schedule and, subject to
sub-paragraph (7), shall be printed on the packets.

(2) The form of the health warning and tar group designation which
is to be borne on the packets of cigarettes containing 20 or more
cigarettes and on the retail containers of cigarette packets, irrespective
of the size of those packets, shall be as set out in Part II of the Schedule
and, subject to sub-paragraph (7), shall be printed on the packets or, as
the case may be, retail containers.

(3) The lettering and characters of any health warning and tar
group designation prescribed in the Schedule shall be of a dolour which
contrasts with the colour of the background upon which they are
printed and, subject to this order, the area within which the warning or
designation is displayed, as indicated in the Schedule, shall not contain
anything other than the warning and designation.

(4) Health warnings and tar group designations to which-

(a)sub-paragraph -(1) applies, shall be printed' in 6 point Univers
medium typeface in English and 11 kyu Gothic medium
typeface in Chinese;

(b)sub-paragraph (2) applies, shall be printed in 8 point Univers
medium condensed typeface in English and 15 kyu Gothic
medium typeface in Chinese.

0

(5) The area within which any health warning or tar group
designation is displayed shall be rectangular in shape, as indicated in
the Schedule, and, although reasonable variations in the dimensions of
the area shall be permissible, the sides of the area, and any line
demarcating such sides, shall not touch any letter or character within
the area.





(6) No health warning or tar group designation shall be printed

(a)upon more than one face of the packet or container on which it
appears; or

(b)across any opening in the packet or container or upon any part
of a packet which is removed when it is opened;

(c) except on the outside of a packet or container.

(7) The health warning and tar group designation which is to be
borne on packets of cigarettes and on the retail containers of cigarette
packets may be printed on a label securely affixed to the packets or
containers

(a)if the packets or containers are of metal or are plastic drums;

(b)with the approval of the Commissioner of Customs and Excise
where he is satisfied

(i) the circumstances in which the packets or containers are
in Hong Kong, or are to be brought to Hong Kong, are such
that they could not reasonably be expected to have had
printed on them a warning and designation at the time of their
manufacture; and

(ii) the approval is required for a limited period of time or in
relation to a particular consignment of cigarettes only.

4. Paragraphs 3(2), 3(3), 3(4)(b), 3(5), 3(6), 3(7) and Part 11

of the Schedule shall apply in the case of the health warning to be
borne by containers of cigarette tobacco, save that such containers
shall not bear a tar group designation.

5. (1) The provisions of this paragraph shall apply to any
advertisement which is required to carry a health warning under the
provisions of Part IV of the Ordinance.

(2) In this paragraph and paragraph 6 'the prescribed particu-
lars' mean the health warning, as prescribed under sub-paragraph
(3), and the tar group de designation, where the advertisement is one
to which section 11 of the Ordinance applies, as determined in
accordance with the Smoking (Public Health) Regulations as read
with paragraph 7.

(3) The health warning shall be as set out in Part 111 of the
Schedule.

(4) The prescribed particulars shall be-

(a)placed in a separate panel within the advertisement which

(i) is distinguished from the remainder of the advertisement
by means either of a line or by being of a different colour;





(ii) occupies not less than 10 per cent of the surface of the
advertisement;

(iii) subject to this order, contains nothing other than the
prescribed particulars;

(b)in a colour which contrasts with the background upon which
they appear, being black or a colour used elsewhere in the
advertisement;

(c)subject to sub-paragraph (6), in the language of the
advertisement;

(d) if in English, in capital letters;

(e)properly displayed in a manner appropriate to the size and
shape of the panel in which they are displayed.

(5) Where both a health warning and a tar group designation
appear, they shall be in words or characters of the same size and style.

(6) Where a cigarette advertisement has on it the brand name of the
cigarettes to which it relates in other than Chinese characters (whether
or not the brand name also appears in Chinese characters) but no other
written material, or no written material at all, the prescribed particulars,
shall be either in English and Chinese or in Chinese alone.

(7) Where an advertisement is displayed on more than one plane it
shall be treated as a single advertisement if all the planes can be seen at
the same time from all places from which the advertisement is ordinarily
viewed, and in any other case it shall be deemed, for the purposes of
this paragraph, to be divided into as many separate advertisements as
there are planes upon which it is displayed.

(8) In the case of an advertisement by way of neon signs the
prescribed particulars shall be displayed, in accordance with
subparagraph (4), painted or printed on a panel and

(a)the panel shall be adequately illuminated at all times when the
neon signs are illuminated;

(b)for the purposes of sub-paragraph (4)(a) the surface of the
advertisement shall be deemed to be

(i)' where the advertisement appears against a background
set apart for the better display of the advertisement, then the
surface of that background;

(ii) in any other case, a surface which is greater by 20 per
cent than the smallest rectangle which can be drawn to
surround the advertisement,

and, for the purposes of this sub-paragraph, any neon frame
surrounding the advertisement shall be deemed to form part
of it;





(c)the panel shall be rectangular in form, immediately adjacent to
the neon sign and displayed in such a manner that view of it is
not obstructed, whether by the neon signs or otherwise.

6. In addition to complying with the provisions of paragraph 5, the
prescribed particulars printed on an advertisement appearing in a
printed publication to which section 11 of the Ordinance applies shall be
printed

(a) in a typeface which is not less than 6 point in the case of
English particulars or 11 kyu in the case of Chinese;

(b) if in English in Univers, Times or Gill Sans type;

(c) if in Chinese in Kai-shu Gothic or Lo-tsung
type.

7. (1) The Chinese equivalents to the tar group designations
specified in the Smoking (Public Health) Regulations to be used for the
purposes of the Ordinance and this order shall be

Low tar
Low to middle tar
Middle tar
Middle to high tar
High tar

(2) The tar group designation may be followed by the word
'Group' in English or 'M' in Chinese.

(3) In the case of an advertisement appearing in a printed
publication to which section 11 of the Ordinance applies, where the tar
group designation has been determined under regulation 4 of the
Smoking (Public Health) Regulations the words 'Manufacturers
Estimate' in English and in Chinese shall appear immediately after
the words or characters indicative of the tar group designation and may
appear after the tar group designation on cigarette packets and retail
containers.

(4) Where more than one brand of cigarettes is illustrated in or
referred to in an advertisement appearing in a printed publication to
which section 11 of the Ordinance applies and the brands have different
tar group designations, the designation of each brand shall be stated
and each designation shall be given equal prominance.

SCHEDULE [paras. 3 5(3).]

PARTI

Tar group designation on packets of less than 20
cigarettes

HK GOVT. HEALTH WARNING:
Alternative A CIGARETTE SMOKING IS
HAZARDOUS TO YOUR HEALTH

MIDDLE TO HIGH TAR










HK GOVT. HEALTH WARNING
CIGARETTE SMOKING IS
HAZARDOUS TO YOUR HEATLH
MIDDLE TO HIGH TAR

Alternative B



HK GOVT. HEALTH WARNING:
CIGARETTE SMOKING IS
HAZARDOUS TO YOUR HEALTH

MIDDLE TO HIGH TAR

Alternative C





PART II

Tar group designation on packets of 20 or more cigarettes

and on their retail containers
HK GOVT. HEALTH WARNING:
CIGARETTE SMOKING IS
HAZARDOUS TO YOUR
HEALTH

Alternative A

MIDDLE TO HIGH TAR

HK GOVT. HEALTH
WARNING:

CIGARETTE SMOKING IS

HAZARDOUS TO YOUR
HEATLH

MIDDLE TO HIGH TAR

Alternative B





HK GOVT. HEALTH
WARNING:

CIGARETTE SMOKING
Is

HAZARDOUS TO YOUR
HEALTH

MIDDLE TO HIGH TAR

Alternative C











Alternative D HK GOVT. HEALTH WARNING: CIGARETTE
SMOKING IS HAZARDOUS TO YOUR HEALTH



MIDDLE TO HIGH TAR

PART III

Health warnings on advertisements

The standard health warning shall be-

'HK GOVERNMENT HEALTH WARNING: CIGARETTE
SMOKING IS HAZARDOUS TO YOUR HEALTH


An alternative version, which may be used where space is restricted on cigarette
packet's and retail cigarette containers is

'HK GOVT. HEALTH WARNING:
CIGARETTE SMOKING IS
HAZARDOUS TO YOUR HEALTH




L.N. 313/82. L.N. 61/83. Citation. No smoking signs. Cigarette packets and retail containers. Schedule. L.N. 61/83. Schedule. L.N. 61/83. Schedule. Schedule. Schedule. L.N. 61/83. Cigarette tobacco. L.N. 61/83. Schedule. Advertisements. (Cap. 371,sub.leg.) Schedule. L.N. 61/83. L.N. 61/83. Advertisements to which section 11 of the Ordinance applies. Additional provisions applying to tar group designations. (Cap. 371,sub.leg.) (Cap. 371,sub.leg.) L.N. 61/83.

L.N. 313/82. L.N. 61/83. Citation. No smoking signs. Cigarette packets and retail containers. Schedule. L.N. 61/83. Schedule. L.N. 61/83. Schedule. Schedule. Schedule. L.N. 61/83. Cigarette tobacco. L.N. 61/83. Schedule. Advertisements. (Cap. 371,sub.leg.) Schedule. L.N. 61/83. L.N. 61/83. Advertisements to which section 11 of the Ordinance applies. Additional provisions applying to tar group designations. (Cap. 371,sub.leg.) (Cap. 371,sub.leg.) L.N. 61/83.

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