LANGUAGE
Last updated: February 24th 2020

Key Terms

Tobacco Product

Term Defined
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Definition

Tobacco product: any cigarette, cigarette tobacco, cigar or pipe tobacco.

Analysis

The definition of “tobacco product” is narrower than the FCTC definition because it encompasses only the listed types of tobacco products. It does not encompass smokeless tobacco products nor other types of smokeable tobacco products, such as bidis, that may not yet be common in Hong Kong.

To align with the FCTC, a definition of “tobacco product” should be provided in accordance with FCTC Art. 1(f).

FCTC-Based Definition:

Any product entirely or partly made of the leaf tobacco as a raw material which is manufactured to be used for smoking, sucking, chewing, or snuffing. (FCTC Art. 1(f))

Outside Packaging and Labeling

Term Defined
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Definition

Retail container:

(a) in relation to any cigarette, means a container suitable for the retail marketing of cigarette packets; or

(b) in relation to any cigar, pipe tobacco or cigarette tobacco, means a container suitable for the retail marketing of cigar, pipe tobacco or cigarette tobacco.

Analysis

The law defines “retail container” rather than “outside packaging and labeling.” However, the effect, requiring labeling on tobacco product packages sold at retail, is the same. The definition aligns with FCTC Art. 11 and the FCTC Art. 11 Guidelines.

FCTC-Based Definition:

Any packaging and labeling used in the retail sale of the product. (FCTC Art. 11(4))