LANGUAGE
Last updated: February 24th 2020

Penalties

Violator
Enforcement Agency
Sanction(s)
 

Manufacturer

(1) Public officer authorized to be an inspector under Sec. 15; (2) officer under Customs & Excise Service Ordinance (Sched. 1)
Fine, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

The sale, offer for sale, or possession of tobacco products that do not bear the required warning is subject to a Level 5 fine. Products without health warnings may be seized and destroyed or disposed of.

The FCTC Art. 11 Guidelines state that Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation. In addition, Parties should consider other penalties such as limitation or cancellation of licenses. To align with FCTC, the law should provide for increased fines for repeat violations, for higher fines for more severe violations, and for license suspension or cancellation where appropriate.

Importer

(1) Public officer authorized to be an inspector under Sec. 15; (2) officer under Customs & Excise Service Ordinance (Sched. 1)
Fine, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

The sale, offer for sale, or possession of tobacco products that do not bear the required warning is subject to a Level 5 fine. Products without health warnings may be seized and destroyed or disposed of.

The FCTC Art. 11 Guidelines state that Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation. In addition, Parties should consider other penalties such as limitation or cancellation of licenses. To align with FCTC, the law should provide for increased fines for repeat violations, for higher fines for more severe violations, and for license suspension or cancellation where appropriate.

Wholesaler

(1) Public officer authorized to be an inspector under Sec. 15; (2) officer under Customs & Excise Service Ordinance (Sched. 1)
Fine, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

The sale, offer for sale, or possession of tobacco products that do not bear the required warning is subject to a Level 5 fine. Products without health warnings may be seized and destroyed or disposed of.

The FCTC Art. 11 Guidelines state that Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation. In addition, Parties should consider other penalties such as limitation or cancellation of licenses. To align with FCTC, the law should provide for increased fines for repeat violations, for higher fines for more severe violations, and for license suspension or cancellation where appropriate.

Retailer

(1) Public officer authorized to be an inspector under Sec. 15; (2) officer under Customs & Excise Service Ordinance (Sched. 1)
Fine, Other
(e.g., seizure of the product, publication of the violation/violator)
Expand to view related litigation.
Analysis

The sale, offer for sale, or possession of tobacco products that do not bear the required warning is subject to a Level 5 fine. Products without health warnings may be seized and destroyed or disposed of.

The FCTC Art. 11 Guidelines state that Parties should specify a range of fines or other penalties commensurate with the severity of the violation and whether it is a repeat violation. In addition, Parties should consider other penalties such as limitation or cancellation of licenses. To align with FCTC, the law should provide for increased fines for repeat violations, for higher fines for more severe violations, and for license suspension or cancellation where appropriate.