Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Definition of tobacco advertisement
  • 12 Dec 2024

    律政司司長 訴 牛奶有限公司

    Citation
    [2025] HKCFI 767
    Court
    Court of First Instance
    Case number
    HCMA88/2024

    Magistrate did not err in law or reach a conclusion no reasonable magistrate could reach. Point‑of‑sale displays, even if conspicuous (colours, lighting, bespoke holders, pack arrangements), are not automatically "tobacco advertisements" under Cap.371; prosecution failed to prove beyond reasonable doubt that the displays were promotional in the statutory sense rather than sales displays. Where s.14(1)(c) might be engaged, s.14(1A) (anti-smoking purpose) can negate classification as tobacco advertisement in the circumstances; the acquittals are therefore upheld.