(2) Nothing in this section or section 9 shall apply to anything done in relation to cigarettes which are held—
- (a) in bond; or
- (b) by a manufacturer of tobacco products,
for export from Hong Kong.
Health warnings when cigarette tobacco is sold. 9. No person shall sell, offer for sale or possess for the purposes of sale any cigarette tobacco unless the container thereof bears a health warning in the prescribed form and manner.
Health warnings when cigarette tobacco is sold. 10. (1) Any person who contravenes section 8 or 9 commits an offence and is liable on summary conviction to a fine of $5,000.
(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 group designation 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 of $5,000.
(3) 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 their retail container—
- (a) a brand name which indicates the cigarettes belong to a tar group to which, having regard to any determination under section 16 and the regulations, they do not belong; or
- (b) a statement as to the amount of tar in the cigarettes which, having regard to the regulations, would place the cigarettes in a tar group other than that indicated by the tar group designation on the packet or retail container or, as the case may be, by the brand name,
commits an offence and is liable on summary conviction to a fine of $5,000.
PART IV
Cigarette advertising
Cigarette advertisements in printed publications. 11. (1) No person shall print or publish a cigarette advertisement in a printed publication to which this section applies unless the advertisement bears, in the prescribed form and manner—
- (a) a health warning;
- (b) the tar group designation of the cigarettes advertised.
(2) This section applies to—
- (a) any local newspaper;
- (b) any printed document published or distributed in Hong Kong, not being a newspaper or an advertisement published or distributed for the purpose of display.
(3) Nothing in this section or section 12 shall apply in relation to a cigarette advertisement in a printed publication—
- (a) being a local newspaper—
- (i) not less than 80 per cent of whose circulation is outside Hong Kong;
