Hong Kong Legislation on Tobacco Control

Summit on Child Health
and the Environment 2014
Legislation on Tobacco Control
Dr Patrick LO
Senior Medical Officer
Tobacco Control Office
Department of Health
Past…
Photos adopted from Apple Daily
Now …
Past…
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Year
Milestones in
Tobacco Control Legislation
Content
1982
• Implemented smoking ban in lifts, ferries, trains, cinemas, theatres,
concert halls and airport terminal by phase
• Required health warning on all cigarette packages
1987
• Banned manufacture, import and sale of smokeless tobacco
1990
• Banned all cigarette advertising and sponsorship on TV and radio
1992
• Banned all cigarette advertising in cinemas
1994
• Prohibited sale of tobacco to people under age 18
1998
• Prohibited selling of tobacco products through vending machines
• Prohibited tobacco advertisement on the Internet
• Implemented smoking ban in shopping centres, department stores,
supermarkets, banks and game arcades
• Prohibited promotion of sale of tobacco products by offering prizes,
gifts, tokens or raffles
Year
Milestones in
Tobacco
Control
Legislation
Content
1999
• Required restaurants with seats for more than 200 persons to have
at least one-third no smoking areas
• Prohibited all tobacco advertisements in the printed media
2007
• Implemented smoking ban at all indoor workplaces and public
places, schools, universities, child care centres, hospitals and certain
outdoor areas e.g. public pleasure grounds and bathing beaches
• Effected new graphic warnings and packaging restrictions on
tobacco products
2009
• Implemented the fixed penalty system for smoking offence
• Extended smoking ban to bars, clubs, nightclubs, bathhouses,
massage parlours, and mahjong and tin-kau parlours
• Extended smoking ban to 48 covered public transport facilities (PTFs)
2010
• Extended smoking ban to some 130 open-air PTFs
Smoking (Public Health) Ordinance
• In 2006, the Smoking (Public Health) Ordinance (Cap
371) was amended to significantly expand the
statutory smoking ban.
• From 1 January 2007 onwards, smoking ban was
extended to cover all indoor areas of workplaces and
public places, as well as many outdoor areas.
• Section 3(2) of Cap 371
– No person shall smoke or carry a lighted cigarette, cigar or
pipe in a no smoking area.
Smoking Ban at Public Indoor Areas
• All indoor areas of workplaces and
public places e.g. office, restaurant,
cooked food centre, bar, shopping
mall, cinema, karaoke, hotel lobby,
school, hospital etc.
• Definition of “Indoor”
– having a ceiling or roof, or a cover
that functions as a ceiling or roof;
and
– Enclosing at least up to 50% of the
total area on all sides, except for
any window or door
Smoking Ban at Outdoor Areas
• Many outdoor areas like beach,
park, public transport facilities,
public swimming pool, stadium,
are included
Fixed Penalty (Smoking Offences) Ordinance
• The Fixed Penalty (Smoking
Offences) Ordinance (Cap 600) was
enacted in September 2009.
• People found smoking in statutory
no smoking areas are issued with
fixed penalty notices and liable to
a fine of HKD$1,500 (US$ 192).
• The offender needs to pay the
fixed penalty within 21 days, or
notify TCO for dispute.
• Demand notice will be issued if
penalty not paid
12
Fixed Penalty (Smoking Offences) Ordinance
• Channels of Payment:
– Post, automatic teller machine,
Internet, phone-banking, counter in
post office
• If the offender fails to settle the
fixed penalty within requested
deadline, he needs to pay a
greater amount of penalty (HK$
3300 or US$ 423) under Court
Order.
Comparison Between Old and New Systems
• The new system minimizes the need to prosecute offenders by way of
summons which incurs a heavy drain on the time and resources of the
government and the courts.
Enforcement Team
• Enforced by Tobacco Control
Office of the Department of
Health
• Enforce the smoking ban,
prohibition of tobacco
advertisement and sales of
tobacco to minors
15
Enforcement Statistics
30000
27461
26209
25000
23623
20000
17981
15000
18079
17399
17089
18291
16418
7952
7305
7637
8330
8019
No. of complaint
received
4180
3780
1477
93
170
179
232
0
2007
No. of FPN issued
(from Sep 2009)
13302
10000
5000
23176
17627
15321
13691
No. of summonses
issued
2008
2009
2010
2011
2012
No. of inspection
Numbe
of inspection
conducted
conducted
2013
Year
16
Sale of Tobacco Product to Minors
• According to Cap 371
– Section 15A(1) - No person shall sell any cigarette, cigarette
tobacco, cigar or pipe tobacco to any person under the age of 18
years
– Section 15B(1) - A sign in English and Chinese shall be placed in a
prominent position at the premises to indicate that no tobacco
products may be sold to any person under the age of 18 years
• Maximum penalty of HK$25,000 (US$ 3,226)
Tobacco Advertisement
• Part IV of Cap 371 prohibits different forms of tobacco
advertisement
• Maximum penalty of HK$50,000 (US$ 6,451)
• Further penalty of $1,500 (US$ 192) for each day in case
of continuing offence
Meaning of tobacco advertisement
Under Smoking (Public Health) Ordinance, an advertisement is
a tobacco advertisement if it:
a) Contains any express or implied inducement, suggestion
or request to purchase or smoke cigarettes, cigarette
tobacco, cigars or pipe tobacco;
b) Relates to smoking in terms which are calculated,
expressly or impliedly, to promote or encourage the use of
cigarettes, cigarette tobacco, cigars or pipe tobacco;
c) Illustrates or mentions smoking or cigarettes, cigarette
tobacco, cigars or pipe tobacco or their packages or
qualities.
Smoking (Public Health) Ordinance Part IV:
Tobacco Advertising
•
Section 11: No person shall print, publish or cause to be
published a tobacco advertisement in a printed
publication to which this section applies
• Section12: No display of tobacco advertisement
• Section13: Prohibition on broadcast of tobacco
advertisement by radio or visual images
Smoking (Public Health) Ordinance Part IV:
Tobacco Advertising
•
Section 13A:
•
Section 13B:
Prohibition on exhibition of
tobacco advertisement by film
Prohibition on placing of tobacco
advertisement on the internet
Real Case Example
A case in 2012
•Complaint received from public
•Alleged that a piece of tobacco advertisement being
published in a local newspaper
Real Case Example
Investigation
•To collect / seize the concerned newspaper
•To identify the content that contravened the relevant
legislation
Introducing cigar in
the newspaper
•Brand name
(Davidoff)
•Price
($50,000 per box)
•Introducing the
name and address
of shops
Real Case Example
Prosecution
1. Publishing an advertisement of tobacco in a printed
publication
2. Printing an advertisement of tobacco in a printed
publication
Penalty
•Case heard in Magistrate Court
•Offenders pleaded guilty
•Fined – HK$3,000 for each prosecution
Real Case Example
A case in 2013
•A complaint was made on the painting of tobacco
advertisement being displayed on the external wall of
an industrial building
Real Case Example
Investigation
• To conduct an inspection and take photos of the
tobacco advertisement
• To identify the content that contravened the
relevant legislation
Real Case Example
Warning
•Warning letter was issued to the
building management of the
concerned building
Result
•The tobacco advertisement was
removed
•If non-compliance is observed
during re-inspection, prosecution
action will be taken
Promotion of Tobacco Products
• The Section 15A(3) of Cap 371 prohibits:
– Giving a tobacco product as a prize
– Selling a tobacco product with gift
– Giving valuable consideration to induce an
individual to buy a particular tobacco product
• Anyone contravenes section 15A is liable to a
fine of $25,000
Smokeless Tobacco Products
• Smokeless Tobacco Products (Prohibition)
Regulations (CAP 132BW)
– Regulation 3(1) - No person shall import,
manufacture, sell, possess for sale, offer or
expose for sale, consign or deliver any
smokeless tobacco product.
– Any person who contravenes the above
commits an offence and is liable to a fine of
$50,000 (US$ 6,451) and to imprisonment for 6
months.
Resistance to Legislative Amendment
• Hindrance from tobacco and commercial
industries
• Concerns from relevant industries
– Business of catering services and the entertainment sector
might be adversely affected
– Adverse financial impact on licensed hawker stalls if
display of tobacco advertisement is banned
• Role of venue managers
• Request from smokers
Elements Leading to Successful
Legislative Amendment
• Political commitment
• Adequate resources
• Support from public
– Support from NGO
– Consultation in District Council and Legislative Council
• Support from relevant industries
– Overseas experience and evidence showed that
business would not be affected
– Joint smokefree activities
• Publicity and Education
– Against misleading description from tobacco industry
– Harmful effects of secondhand smoke
Smoking prevalence
Daily smokers (15 years or above )1982-2012
45
40
39.7%
Male 男
Female 女
Percentage(%)
35
Overall 合計
30
25
23.3%
19.1%
20
15
10.7%
10
5.6%
5
3.1%
0
1982
1984
1986
1988
1990
1992
1994
1996
1998
Year
2000
2002
2004
2006
2008
2010
2012
Prevalence of Daily Cigarette Smokers (aged 15-19)
from 2002/03 to 2012
6
Male 男
5.3
Female 女
4.9
Percentage 百分比 (%)
5
4
Overall 合計
3.8
3.5
3.7
3.5
3
2.5
2.4
2.3
3.1
2
2
2
1.3
1.2
1
0.8
0
2003
2004
2005
2006
2007
2008
Year 年份
2009
2010
2011
2012
Prevalence of Smoking among
Secondary and Primary Students
Secondary student
2010/11
2012/13
Smoking
status
Current
Ever
Never
Current
Ever
Never
Overall
3.4%
15.8%
84.2%
3.0%
13.7%
86.3%
Primary student
2010/11
2012/13
Smoking
status
Current
Ever
Never
Current
Ever
Never
Overall
0.2%
2.7%
97.3%
0.3%
2.5%
97.5%
Implications on Child Health
• Law prohibiting smoking in all indoor areas of
workplaces, restaurants, and bars
– In Scotland, an average reduction of 18.2% per
year in the rate of hospital admissions for asthma
in children aged < 15 years relative to the rate on
the date the law took effect
– In England, a significant immediate decrease of
8.9% in the emergency hospital admission rate of
children aged ≤ 14 years with a principal diagnosis
of asthma
Implications on Child Health
• According to WHO, research shows about one third of
youth experimentation with tobacco occurs as a result of
exposure to tobacco advertising, promotion and
sponsorship.
• Worldwide, 78% of young people aged 13-15 years
report regular exposure to some form of tobacco
advertising, promotion and sponsorship.
• Banning tobacco advertising and promotion is one of the
best ways to protect young people from starting
smoking.
Conclusion
• Evidence shows that legislation on tobacco
control improves child health and protects
young people from starting smoking.
• Hong Kong has in place a set of wellimplemented legislative measures to protect
children from the harms of tobacco smoke.
• With concerted effort, the smoking prevalence
in Hong Kong has been declining over the
years.
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