Loophole will let tobacco firms keep banned words

A loophole in reforms to Hong Kong's smoking law means as many as 71 cigarette brands can still carry the banned descriptions 'light' and 'mild' in a development that has angered lawmakers and anti-smoking campaigners.

Under a so-called 'grandfather clause' - that allows an old law to continue to apply - tobacco companies will still be able to use any trademarks taken out in Hong Kong before the new law takes effect.

Medical sector legislator Kwok Ka-ki said the loophole had rendered the reforms meaningless.

'I thought it was just going to be one or two brands with the descriptors which were going to be exempted from the ban, but it wasn't until I asked the government that they told me there were 71. I was very surprised and I am very angry,' Dr Kwok said.

He said debate over the grand-father clause had initially focused on Mild Seven, which uses the word 'mild'. But the clause - incorporated into draft amendments to the bill - had opened the floodgates to other brands which had registered their 'light' and 'mild' lines as separate trademarks.

Dr Kwok said other brands with trademarks overseas could also apply for exemption from the ban under Hong Kong's obligations to the World Trade Organisation's agreement on trade-related intellectual property rights.