Coalition of Hong Kong Newspaper and Magazine Merchants

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Background

The Coalition of Hong Kong Newspaper and Magazine Merchants (CHKNMM) is a retail association representing over 35,000 newsstands in Hong Kong.1 It has lobbied against tobacco control policies including tobacco tax increases and graphic health warnings.

Relationship with the tobacco industry

CHKNMM members are newspaper vendors. Many of which sell tobacco products as part of their business.2

CHKNMM joined other retail groups and tobacco companies to establish the Tobacco Control Concern Group (TCCG) in 2009.34 Tobacco companies and trade associations reported to be part of TCCG include British American Tobacco, Philip Morris International, Hong Kong Federation of Tobacco Industry Limited, and Pacific Cigar Company.4

TCCG has lobbied against tobacco control policies, in particular tobacco tax increases, using the industry argument that increases in tax will result in an increase in illicit trade.53

Activities

Lobbying against tax policies

In 2011, CHKNMM and TCCG lobbied against tobacco tax increases. TCCG urged the government to reduce cigarette tax to a “more reasonable level”, stating that “Raising cigarette taxes has been proved to be an ineffective way to help people to quit smoking”, and citing a supposed risk of illicit trade.53 CHKNMM added “Our business has seriously shrunk since the tobacco tax increase…we observed people buying illicit cigarettes instead of actually quitting smoking”.5

In 2023, CHKNMM again campaigned against tobacco tax increases, stating that it would not help reduce smoking rates at the expense of the vendors’ interests. It also stated that “around 20 percent of cigarette consumers convert to buy illicit tobacco”.2

Research has found that previous tobacco tax increases did not lead to an increase in illicit cigarette consumption in Hong Kong,6 and has noted that the tobacco industry has a history of inflating estimates of illicit trade in Hong Kong.7

TCCG has also used this argument to oppose tobacco control policies.

Lobbying for newer nicotine and tobacco products

In June 2018, proposals were released by the government for newer nicotine and tobacco products to be regulated in the same way as conventional tobacco products. Later that month, CHKNMM submitted a response to the proposal (not publicly available).89

The government then proposed amendments and submitted the Smoking (Public Health) (Amendment) Bill 2019 to the Legislative Council. This aimed to prohibit the import, manufacture, sale, distribution and advertisement of newer products, including e-cigarettes and heated tobacco products (HTPs). In April 2019, CHKNMM made written and oral submissions to the bill (not publicly available).10119

In May 2020, CHKNMM held a press conference asking the government to allow policy relaxations that, it argued, would support an improvement in newspaper business trade. One of the requests was that heated tobacco products (HTPs) be included in the existing tobacco control framework, allowing newspaper vendors to sell these products. CHKNMM argued that a ban on HTPs would lead to an illicit market.12

In September 2020, CHKNMM argued that changes to HTP regulations were required to increase vendor’s income, due to business being severely impacted by the COVID-19 pandemic and the smuggling of illicit cigarettes, citing a decrease in business of more than 50 percent.13

The Smoking (Public Health) (Amendment) Ordinance 2021 bill, was ultimately passed on the third reading in October 2021, coming into effect August 2022.9

Lobbying against graphic health warnings

In May 2015, the Food and Health Bureau in Hong Kong proposed new tobacco control measures, including increasing the size of graphic health warnings on cigarette packaging.14 The chairperson of CHKNMM, reportedly met with legislators and stated in a media report “We are against how the Government has handled the issue…Without differentiation in packaging, it will become easier to manufacture illicit cigarettes, and more difficult for consumers to tell the difference.” CHKNMM also cited the implementation of plain packaging in Australia, claiming that smoking did not decline but instead allowed illicit cigarettes to flood the market,14 although research does not support this.15 In July 2015, CHKNMM attended a legislative council meeting regarding bill, where it formally opposed the changes. It suggested that instead, the Administration should improve public education on the health effects of smoking.16

Government discussions took place throughout 2016 and 2017.17 During this time, the CHKNMM made a joint submission to the legislative council with I Smoke Alliance and the Hong Kong Smokers’ Rights Concern Group (not publicly available).18 Both organisations are smokers’ rights groups which campaign against tobacco control laws.192021

In 2017, CHKNMM threatened to protest, and said that they would lobby officials if the government tried to go ahead with the plan to increase the size of graphic health warnings.22 Ultimately the bill was successful, and the law implemented in December 2017.23

Professor Judith Mackay, a Hong Kong-based senior policy adviser to the World Health Organisation (WHO) was quoted in local media:

“I’ve never, in the last three decades, seen such opposition, lobbying or filibustering of a tobacco bill in Legco…An army of tobacco executives, lawyers and their allies have descended on Hong Kong to try to obstruct, delay and prevent the legislation going through”.24

Smoking (Public Health) (Amendment) Bill 2005

In 2005, CHKNMM lobbied against a tobacco control bill which introduced a number of new regulations to protect the public from second hand smoke, and restrict tobacco advertising.252627

Tobacco Tactics Resources

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References

  1. M.Fei, Turning profits from a puff of smoke, China Daily, 5 October 2011, accessed February 2023
  2. abOver 500 newspaper vendors against adding tobacco tax, The Standard, 17 January 2023, archived February 2023
  3. abcCustoms dismisses claim by tobacco firms, retailers, that tax fuels sale of illicit smokes, South China Morning Post, 12 November 2009, accessed February 2023
  4. abClear the Air, Letter to the Legislative Council Panel on Health Services, 24 October 2015, archived October 2020, accessed February 2023
  5. abcM.Fei, Cigarettes kill one in every three elderly smokers: study, China Daily, 17 May 2011, archived August 2011, accessed February 2023
  6. T.Lam, YTD.Cheung, J.Chen, A.Kwong, V.Lai, Increase in tobacco tax does not lead to increase in illicit cigarette consumption in Hong Kong: findings from a top-down approach against tobacco industry-funded results. Tobacco Induced Diseases, 2018;16(1):138. doi:10.18332/tid/84408
  7. J.Chen, SM.McGhee, J.Townsend, et al, Did the tobacco industry inflate estimates of illicit cigarette consumption in Asia? An empirical analysis, Tobacco Control 2015;24:e161-e167, doi:10.1136/tobaccocontrol-2014-051937
  8. Legislative Council, Panel on Health Services (Papers) LC Paper No: CB(2)1565/17-18(20) Submission on legislative proposal to regulate electronic cigarettes and other new tobacco products from Coalition of Hong Kong Newspaper and Magazine Merchants, 19 June 2018, accessed February 2023
  9. abcS.Chan, J.Mackay, SEATCA report: Success and challenge of banning new tobacco products: Hong Kong’s experience, December 2022, accessed February 2023
  10. Legislative Council, Bills Committee on Smoking (Public Health) (Amendment) Bill 2019, LC Paper No. CB(2)1964/18-19, Minutes of the second meeting: Coalition of Hong Kong Newspaper and Magazine Merchants, Presentation of views, 13 April 2019, archived May 2022, accessed February 2023
  11. Legislative Council, Bills Committee on Smoking (Public Health) (Amendment) Bill 2019, Submissions and the Administration’s response: Submission from Coalition of Hong Kong Newspaper and Magazine Merchants, 10 April 2019, archived October 2019, accessed February 2023
  12. Newspapers vendors urge government to strengthen anti-smuggling operation of illicit cigarettes and to provide second round of subsidy, Dimsumdaily Hong Kong, 14 May 2020, accessed February 2023
  13. Newspaper merchants urge government to allow sale of heated tobacco products to increase source of income and to provide support, Dimsumdaily Hong Kong, 24 September 2020, archived February 2023
  14. abM.Wong, FBH “sneak attack” on tobacco meets backlash from legco, industry, Harbour Times, 22 May 2015, accessed February 2023
  15. C.Moodie, J.Hoek, D.Hammond, et al. Plain tobacco packaging: progress, challenges, learning and opportunities, Tobacco Control 2022;31:263-271, doi:10.1136/tobaccocontrol-2021-056559
  16. Legislative Council, Panel on Health Services, LC Paper No. CB(2)373/15-16, 6 July 2015, accessed February 2023
  17. The Government of Hong Kong Speical Administrative Region, Press Release: Government proposes to amend requirements of health warnings and indication of tar and nicotine yields on tobacco product packets or retail containers, 19 April 2017, accessed February 2023
  18. Legislative Council, Panel on Health Services, LC Paper No. CB(2)1808/15-16(01): Joint submission on the Administration’s proposal to increase the coverage area of the graphic health warnings on the packets of tobacco products from I Smoke Alliance; Coalition of Hong Kong Newspaper and Magazine Merchants; and Hong Kong Smokers’ Rights Concern Group, 21 June 2016, archived December 2022, accessed February 2023
  19. A.Deng, When the smoke clears, Focus Hong Kong, 21 February 2014, accessed February 2023
  20. Smokers light up in protest at tobacco tax rise plan, Clear the Air: Tobacco Blog, 12 February 2010, archived October 2021, accessed February 2023
  21. E.Ng, 8 causes you may have missed at the July 1st protest march, Hong Kong Free Press, July 2015, accessed April 2023
  22. Hong Kong vendors warn of protests if larger warnings are printed on cigarette packs, South China Morning Post, 14 April 2017, accessed February 2023
  23. Department of Health, The Government of the Hong Kong Special Administrative Region, Tobacco Control Legislation: The Smoking (Public Health) Ordinance (Cap. 371), undated, archived October 2019, accessed February 2023
  24. Heat rising in Hong Kong’s war on tobacco, South China Morning Post, 5 May 2017, archived July 2017, accessed February 2023
  25. Health Bureau, The Government of the Hong Kong Special Administrative Region of the People’s Public of China, Press Release: Bill to promote smoke-free indoor workplaces and public places to be gazetted, 27 April 2005, accessed February 2023
  26. Legislative Council, Bills Committee on Smoking (Public Health) (Amendment) Bill 2005, Written submissions and the Administration’s response: Submission from Coalition of Hong Kong Newspaper and Magazine Merchants, 30 May 2006, archived October 2019, accessed February 2023
  27. Legislative Council, Bills Committee on Smoking (Public Health) (Amendment) Bill 2005, LC Paper No. CB(2)531/05-06, Minutes of the 7th meeting, 31 October 2005, archived March 2016, accessed February 2023