HONG KONG SAR, CHINA Law and Practice Contributed by: Angus Forsyth, Angus Forsyth & Co
• illustrates or mentions smoking or cigarettes, cigarette tobacco, cigars or pipe tobacco or their packages or qualities. It is further clarified that where an advertisement or any object other than a tobacco product which is dis - played to the public, whether for sale or otherwise, in the course of conducting any business or provid - ing any service also includes the name or trade name of any person associated with the marketing of any tobacco product, or any trade mark or brand name of a tobacco product or any pictorial device or part thereof commonly associated therewith, this shall be deemed to be a tobacco advertisement. “Smoking product” is defined as “any cigarette, ciga - rette tobacco, cigar or pipe tobacco” and an alterna - tive smoking product is defined as “including any one of several categories including a device (other than a water pipe) that is capable of: (a) generating aerosol from any substance that is not tobacco or dangerous drug, other than by means of lighting the substance directly; and (b) use for imitating conventional smoking or a device (other than a water pipe) that is capable of generating aerosol from tobacco, other than by means of lighting the tobacco directly; and (c) use for smoking.” Further identified is “tobacco” that is packaged as being suitable for use with a device as defined and from which an aerosol is capable of being generated. A further identification is of “specified plant material” rolled up in any material, in a form that is capable of immediate use for imitating conventional smoking. The Smoking Ordinance provides and defines that an advertisement is a smoking product advertisement if it: • contains any express or implied inducement, suggestion or request to purchase or smoke any smoking product;
• relates to smoking in terms which are calculated, expressly or impliedly, to promote or encourage the use of any smoking product; or • illustrates or mentions smoking or any smoking product or their packages or qualities. It is further expressly provided that an advertisement is not regarded as a smoking product advertisement if its purpose is to discourage smoking, with further fully detailed references to identify the prohibitive condi - tions and the ways in which the non-smoking content can be advertised or made available inclusive of the name of any company or body corporate associated with the manufacture or marketing of any smoking product or containing any name identical to the trade name or brand name of any smoking product not to be used in association with any product that is not a smoking product. It is further provided that no person shall display or cause to be displayed or published 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. There is an exception for any smoking product adver - tisement in a printed publication that is published for the smoking products trade or as the in-house publi - cation of any company engaged in that trade. There is an exception that this restriction on display does not apply to any smoking product advertisement which is in or upon any premises of any manufacturer of conventional smoking products or any wholesale dealer dealing in conventional smoking products where those premises are used for the manufacturing of conventional smoking products or for the purpose of dealing by wholesale in conventional smoking prod - ucts and is not visible from outside the premises. The Smoking Ordinance further prohibits broadcast by any person of a smoking product advertisement by the transmission of sound by means of radio waves or by the transmission of visual images or sound by wireless or otherwise than by wireless, intended for general reception by members of the public.
182 CHAMBERS.COM
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