Hong Kong (SAR)

The Smoking Ordinance specifically prohibits the broadcast of tobacco advertising by “transmission of sound by means of radio waves,” and by “transmission of visual images or sound by wireless or otherwise than by wireless.” This provision covers all TV and radio broadcasting, as well as other domestic broadcast media such as satellite and cable.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic TV, radio, and other broadcast media.

The Smoking Ordinance prohibits tobacco advertising in “any local newspaper” and “any document printed, published, or distributed in Hong Kong.” Therefore, tobacco advertising is prohibited in domestic newspapers and magazines.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic newspapers and magazines.

The Smoking Ordinance prohibits tobacco advertising in “any document printed, published, or distributed in Hong Kong.” Therefore, tobacco advertising is prohibited via domestic print media such as pamphlets, leaflets, flyers, posters, and signs.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to domestic print media.

The Smoking Ordinance specifically prohibits the broadcast of tobacco advertising by “transmission of sound by means of radio waves,” and by “transmission of visual images or sound by wireless or otherwise than by wireless.” This provision covers all TV and radio broadcasting, as well as other means of broadcasting such as satellite and cable.

The ban, however, makes no mention of its application to international broadcast media. The ban would likely be interpreted to include advertising entering Hong Kong because allowing such advertising would defeat the purpose of the ban. It is not clear whether the ban would be applied to cross-border tobacco advertising originating from Hong Kong. Because the law is unclear on cross-border advertising, the regulatory status code “Uncertain” is given.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should make it clear that the ban covers tobacco advertising and promotion on both domestic and cross-border media, including TV, radio, and other means of broadcast such as satellite and cable.

The Smoking Ordinance prohibits tobacco advertising in “any document printed, published, or distributed in Hong Kong.” The law is interpreted as prohibiting tobacco advertising in international newspapers and magazines as these are documents “distributed in Hong Kong.”

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to international newspapers and magazines.

The law specifically prohibits tobacco advertising on the internet.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to internet communications.

The Smoking Ordinance prohibits the “display,” and publishing and distribution “for the purpose of display,” of “any smoking product advertisement in writing or other permanent or semi-permanent form.” This provision is interpreted as prohibiting outdoor advertising.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to outdoor advertising.

The Smoking Ordinance prohibits the “display,” and publishing and distribution “for the purpose of display,” of “any smoking product advertisement in writing or other permanent or semi-permanent form.” This provision is interpreted as prohibiting the display of tobacco advertising at point of sale. In addition, Sec. 14(6) specifically allows the display of price markers and price boards, making clear that all other information at point of sale is considered tobacco advertising and therefore prohibited.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to point of sale advertising and promotion.

The Smoking Ordinance does not address point of sale product display specifically. Because the definition of “advertisement” applies to “announcements,” the prohibition on tobacco advertising is not interpreted as covering promotional practices such as product display. In addition, because Sec. 15A specifically prohibits certain forms of promotion but does not prohibit product display, the law is interpreted as allowing product display.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, product displays should clearly be banned under a broad prohibition on tobacco advertising and promotion.

The Smoking Ordinance prohibits the display of tobacco advertising, and publishing and distributing tobacco advertising for the purpose of display. This provision is interpreted as prohibiting the printing of tobacco advertising for delivery through conventional mail.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to conventional mail.

The Smoking Ordinance prohibits “broadcast” of tobacco advertising “by the transmission of . . . sound by wireless or otherwise than by wireless for general reception by members of the public.” This provision could be interpreted to prohibit tobacco advertising via phone, as it is a tobacco advertisement by transmission of sound by wireless or otherwise. However, as the advertisement is directed to an individual, rather than broadcast to the general public, it is unclear that this provision governs telephone advertising.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, tobacco promotion and advertising via telephone and cellular phone should clearly be banned under a broad prohibition on tobacco advertising and promotion.

The Smoking Ordinance prohibits the display of “any trade mark or brand name of a tobacco product, or any pictorial device or part thereof commonly associated therewith” on any object in the course of conducting any business or providing any service. This provision is interpreted as prohibiting brand marking.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand marking.

The Smoking Ordinance specifically prohibits the free distribution of cigarettes, cigarette tobacco, and cigar and pipe tobacco.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to the free distribution of tobacco products.

The Smoking Ordinance prohibits the use of promotional discounts, gifts, prizes, or any other valuable consideration as an inducement to purchase a tobacco product.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to promotional gifts and prizes.

Although Section 15A of the Smoking Ordinance prohibits the sale of a tobacco products in association with competitions, it is not clear whether competitions associated with tobacco products are prohibited if purchase of product is not required.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit competitions associated with tobacco products, regardless of whether purchase of a tobacco product is required.

The Smoking Ordinance does not address promotion by direct person-to-person means. Therefore, the law is interpreted as allowing this type of promotion.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco advertising and promotion, including by direct person-to-person marketing.

The Smoking Ordinance prohibits the use on any object of “any trademark or brand name of a tobacco product, or pictorial device or part thereof commonly associated therewith.” This provision prohibits brand stretching.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to brand stretching.

Reverse brand stretching may fall within the definition of “smoked product advertisement” set forth in Sec. 14 of the Smoking Ordinance. Specifically, reverse brand stretching could be considered an “implied inducement, suggestion or request to purchase or smoke any smoking product.” However, it is unclear that this is the case.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should clearly prohibit brand stretching.

The Smoking Ordinance does not specifically prohibit the manufacture or sale of toys that resemble tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the manufacture and sale of toys that resemble tobacco products.

The Smoking Ordinance does not specifically prohibit the manufacture or sale of candy that resembles tobacco products.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the manufacture and sale of candy that resembles tobacco products.

Section 15A of the Smoking Ordinance prohibits many forms of tobacco promotion; however, it does not specifically prohibit retailer incentive programs. Therefore, the law is interpreted as allowing retailer incentive programs.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit the practice of retailer incentive programs as part of a comprehensive ban on tobacco advertising, promotion and sponsorship. Using the term “tobacco advertising and promotion” and defining it in accordance with FCTC Art. 1(c) would help clarify the scope of the ban.

Section 13A of the Smoking Ordinance specifically prohibits exhibiting a tobacco advertisement by film; therefore, paid placement in film is prohibited. Paid placement in TV and other media is also prohibited because paid placement of tobacco products falls within the definition of “smoking product advertisement” in Sec. 14(1) of the Smoking Ordinance. As such, paid placement is prohibited under Sec. 12, which prohibits the “display” of tobacco advertisements.

The law aligns with FCTC Art. 13 and the FCTC Art. 13 Guidelines with respect to paid placement of tobacco products.

The Smoking Ordinance states that the “incidental appearance of any smoking product or the trade mark, trade name, brand name or logo of any smoking product where no valuable consideration has been or is intended to be given” is not a tobacco advertisement. This provision is interpreted as covering unpaid depiction of tobacco products; therefore, such practice is allowed.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should specifically address unpaid placement in accordance with FCTC Art. 13 Guidelines paras. 29-32.

The law places no restrictions on contributions to events, activities, individuals, organizations, or governments, regardless of whether the financial or other support is publicized or not. The law specifically allows sponsorship of events, as well as for congratulating another person or thing for an achievement.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all contributions to individuals, organizations, events, or activities that that have the aim, effect, or likely effect of promoting tobacco products directly or indirectly.

The law places no restrictions on contributions to events, activities, individuals, organizations, or governments, regardless of whether the financial or other support is publicized or not. The law specifically allows sponsorship of events, as well as for congratulating another person or thing for an achievement. The only restriction in the law is that the advertisement of such sponsorship may not mention the words contained in Schedule 8 (e.g., cigarette, smoking, tobacco).

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all tobacco sponsorship and publicity thereof.

Section 10 of the Smoking Ordinance prohibits packaging that promotes products by “any means that is false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions.” However, the law does not otherwise address promotion by non-packaging means that are false, misleading, or deceptive.

To align with FCTC Art. 13 and the FCTC Art. 13 Guidelines, the law should prohibit all promotion by means that are false, misleading, or deceptive.