prescribed description and shall be maintained by the manager in legible condition and good order.
(2) Where an area was designated as a no smoking area prior to the coming into operation of this Ordinance, the manager shall be deemed to have sufficiently complied with subsection (1) in relation to the description of the signs if the signs, being signs placed before such coming into operation, are in English and Chinese and are to the effect that smoking is prohibited.
Powers exercisable in relation to persons smoking in no smoking area. 6. (1) The—
- (a) manager or any ticket collector or usher of any cinema, theatre or concert hall or such employee as the manager may authorize in that behalf:
- (b) driver, conductor, inspector, ticket collector of any public transport vehicle or such other employee as the manager may authorize in that behalf;
- (c) manager of a public lift or such employee as the manager may authorize in that behalf,
may require any person who smokes in a no smoking area to cease smoking forthwith, indicating the penalty therefor, and if he fails to do so, require him to give his name and address and to produce proof of identity.
(2) Any person who fails to comply with a requirement to cease smoking made under subsection (1) shall be deemed to be a trespasser and, if he is required to leave, or he is removed from, the building or vehicle in which the no smoking area is situated, he shall not be entitled to a refund of any admission fee or money paid by him for entry into the building or transport by the vehicle:
Provided that nothing in this section shall have the effect of deeming a person who smokes in a public lift to be a trespasser in the building (other than the lift) in which the lift is situated.
Offences under Part II. 7. (1) Any person who contravenes section 3 commits an offence and is liable on summary conviction to a fine of $1,000.
(2) Any person who fails to give his name and address or to produce proof of identity when required to do so under section 6 or who then gives a false or misleading name or address commits an offence and is liable on summary conviction to a fine of $3,000.
(3) Any manager who—
- (a) fails to set aside any area as a no smoking area in accordance with section 4; or
- (b) fails to place signs in accordance with section 5 or to maintain the signs in the manner required by that section,
commits an offence and is liable on summary conviction to a fine of $5,000.
PART III
Sales of cigarettes and cigarette tobacco
Health warnings and tar group designation when cigarettes sold. 8. (1) No person shall sell, offer for sale or possess for the purposes of sale any cigarettes unless the packets thereof and, if the packets are within a retail container, the container also, bear in the prescribed form and manner—
- (a) a health warning;
- (b) the tar group designation of the cigarettes.
