雙語社評齊齊聽

[英語 (足本收聽)] Presented by Mr KWOK, Tony Chun-tung, Lecturer of Hong Kong Community College, The Hong Kong Polytechnic University

[普通話 (足本收聽)] Presented by Ms QIU, Tina Wei, Lecturer of Hong Kong Community College, The Hong Kong Polytechnic University

THE GOVERNMENT has proposed amendments to the law to impose a blanket ban on the sale of products such as electronic cigarettes and heat-not-burn cigarettes. The move has been welcomed in unison by the medical and education sectors. A number of pro-establishment and pan-democratic political parties, however, have expressed reservations about the amendment. It is uncertain whether the new law can get through the Legislative Council.

[ENG audio 1]

The rising popularity of e-cigarettes and heat-not-burn cigarettes in recent years has brought new opportunities for tobacco producers to explore new markets. Targeting young people, some of these producers have introduced new products with fruit, candy and popcorn flavours to "nurture" a new generation of smokers. While the medical and education sectors have called for a blanket ban on the sale of these products, the government has changed its position repeatedly. It made a U-turn at one point last year, recommending the regulation of such products by legislation rather than a ban on the sale, which would have the effect of legalising e-cigarettes. The suggestion attracted quite a lot of criticism. At last, the government made up its mind and agreed to a blanket ban on the import, manufacture, sale, distribution and advertising of e-cigarettes and heat-not-burn cigarettes to safeguard the health of children and young people.

[ENG audio 2]

The proposed amendments tabled by the government to the Legislative Council make it illegal to import products such as e-cigarettes and heat-not-burn cigarettes, giving exemption only to products and air freight in transit. Citizens are not allowed to bring these new tobacco products to Hong Kong after travelling abroad. As the amendment is not aimed at punishing smokers but nipping products such as e-cigarettes in the bud and preventing them from gaining popularity in Hong Kong, the government is not planning to outlaw the use of alternative tobacco products.

[ENG audio 3]

The amendment will be tabled to the Legislative Council next Wednesday (February 20) for its first reading. Judging from the stances adopted by a number of pan-democratic and pro-establishment parties, it remains uncertain whether the new law will be passed. Some lawmakers have voiced opposition to the ban on the grounds that it "undermines the tradition of the free market economy". Some say that heat-not-burn cigarettes are "less harmful" than traditional cigarettes and do not warrant an outright ban. Some politicians claim that public policies should be fair and that the government should not ban e-cigarettes if it does not ban traditional ones. Some people even ask vociferously why the government has not banned alcohol. The views against the ban are various and of dubious validity. It is necessary for the medical sector to refute these arguments vigorously to set the record straight.

[ENG audio 4]

There are still hundreds of thousands of smokers in Hong Kong, making it impossible to ban smoking in one step. That, however, does not mean that the government cannot start by banning new tobacco products. Those who refuse to quit smoking can always return to traditional cigarettes if electronic ones are banned — they will not be deprived of the freedom to smoke. People from the legal sector have also pointed out that the different ways by which the government handles e-cigarettes and traditional cigarettes are not grounds for judicial review. E-cigarettes, after all, are new products, which bear no comparison with traditional cigarettes which were introduced a long time ago.

[ENG audio 5]

There is no way for outsiders to know how actively tobacco producers engage in political lobbying in Hong Kong. But the World Health Organisation has concluded that they have interfered with public health policies and hindered governments' efforts to control smoking around the world. As representatives of the public, lawmakers should keep their distance from tobacco producers and must not become their mouthpiece.

[ENG audio 6]

禁售電子煙遏禍害 議員勿為煙商護航

政府提出修例建議，全面禁售電子煙和加熱煙等產品，醫學界教育界齊聲歡迎，然而建制與泛民多個政黨均表保留，新例在立法會能否過關，並無把握。

[PTH audio 1]

近年電子煙加熱煙日漸流行，成為煙商開拓市場新希望，部分生產商針對年輕人，推出添加水果、糖果、爆谷等味道的新產品，「培育」新一代煙民。本港醫學界教育界呼籲全面禁售，政府立場反覆，去年政府一度「轉軚」，建議以立法規管代替禁售，變相讓電子煙「合法化」，惹來不少批評。最終政府立定主意，同意全面禁止進口、製造、售賣、分發及宣傳電子煙加熱煙等產品，保障兒童和青少年健康。

[PTH audio 2]

根據政府向立法會提交的修例建議，除了過境和航空轉運貨物可獲豁免外，進口電子煙加熱煙等產品均屬違法，市民外遊後亦不能攜帶這些新興煙草產品返港。由於修例目標不是懲罰煙民，而是務求防微杜漸、防止電子煙等產品在本港大行其道，當局並未打算將吸食另類煙草產品列作違法行為。

[PTH audio 3]

修例建議將於下周三提交立法會首讀，觀乎泛民建制多個政黨的取態，新例能否順利通過，仍屬未知之數。有政黨議員以「破壞自由市場傳統」為由，反對禁售電子煙加熱煙；亦有議員表示，加熱煙比傳統煙「害處較小」，毋須一刀切禁售；一些政客則聲稱，公共政策應該一視同仁，政府既然不禁傳統煙，就不應禁售電子煙，部分人還振振有辭，反問政府為何不去禁酒，云云。反對修例意見林林總總，觀點似是而非，醫學界有必要大力駁斥，以正視聽。

[PTH audio 4]

本港煙民仍有數十萬，禁煙無法一步到位，不代表不可以先禁新興煙草產品；拒絕戒煙的煙民，沒有電子煙可以繼續抽傳統煙，不存在剝奪「吸煙自由」問題。法律界人士亦指出，政府處理電子煙與傳統煙手法不一，不足以成為司法覆核理據，皆因電子煙屬新產品，與面世多年的傳統煙難以相提並論。

[PTH audio 5]

煙商在本港的政治游說活動有多活躍，外間無從得知，然而煙商干擾公共衛生決策、妨礙各地政府控煙，乃是世衛調查結論，立法會議員身為民意代表，應該與煙商劃清界線，切勿淪為煙商喉舌。

[PTH audio 6]

明報社評2019.02.15