To the irritation of Hong Kong's non- smoking advocates, a Japanese tobacco company says it is considering legal action against the government for allegedly breaching the Basic Law and the Bill of Rights over a proposed smoking ban.
Japan Tobacco, the maker of Mild Seven cigarettes, said Thursday the smoking-ban bill will force it to change the name of its popular brand because of a clause outlawing the use of descriptions such as "light" and "mild" on cigarette packaging.
But Hong Kong University chair professor of community medicine Anthony Hedley said it is just another complaint by tobacco companies.
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"The industry will argue against every part of the legislation," he said, urging the government to push the legislation forward.
Japan Tobacco vice president of corporate affairs Albert Chan said if the bill is passed, Mild Seven could be forced to change its name, which is a valuable trademark.
He said the clause in its current form will harm the brand more than other cigarette manufacturers. Such a ban, he said, will also breach the Bill of Rights and the World Trade Organization's basic principle that protects companies from discrimination.
But Hedley said the brand is what the legislation aims to break down because it is the most powerful agent used to attract the young market.
"The fact that they named their cigarettes Mild Seven is not an accident," Hedley said.
"They did it to convey the impression that their cigarettes won't harm you but that's not true."
A ban on the word "mild" in the brand name will be an infringement on private property rights, Chan said, referring to the Basic Law's Articles 6 and 105.
Article 6 protects the right of private ownership of property in accordance with law. Article 105 protects the rights of an individual to the acquisition, use, disposal and inheritance of property and the right to compensation for lawful deprivation of property.
However, legislator and former chairman of the Hong Kong Bar Association, Ronny Tong, said the ban is not discriminatory.
"Every owner cannot use the word and it has nothing to do with nationality," Tong said in response to Japan Tobacco's mention of the WTO's "national treatment."
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