Hong Kong Bans on Alternative Smoking Products

As of April 30, 2022, Hong Kong has enacted a sweeping ban on alternative smoking products (ASPs), prohibiting the import, promotion, manufacture, sale, and possession of these items for commercial purposes. The ban, introduced through the Smoking (Public Health) (Amendment) Ordinance 2021, aims to curb the use of electronic smoking products, heated tobacco products, and herbal cigarettes in the city.

Defining Alternative Smoking Products

Under the new legislation, ASPs are defined as newly developed smoking products that fall outside the scope of conventional tobacco products like cigarettes. This broad category includes:

Devices capable of generating an aerosol from substances other than dangerous drugs, used to imitate conventional smoking, along with their components and accessories.
Substances suitable for use with these devices to generate an aerosol, such as heated tobacco sticks and “e-liquid.”
Plant materials other than tobacco or dangerous drugs, rolled up for immediate use to imitate conventional smoking, such as herbal cigarettes.

Comprehensive Prohibitions

The ban on ASPs in Hong Kong is extensive, covering a wide range of activities:

Import

Under the Import and Export (Amendment) Ordinance 2023, no person may import an ASP by way of parcels, cargoes, or personal carry-on by incoming travelers. Limited exemptions apply to articles carried by persons in transit at the Hong Kong International Airport without passing through immigration control, air transshipment cargoes, articles staying on an aircraft or vessel during transit, or specified intermodal transhipment cargoes imported by a registered operator.

Manufacture

The manufacture of ASPs is strictly prohibited in Hong Kong.

Promotion and Giving

It is illegal to give an ASP to another person for promotion or advertisement, or to give an ASP as a prize in any event or competition. Additionally, no person may give another person an object intended for public display that contains the name, trade name, trademark, or brand name associated with ASPs or their marketing.

Sale

The sale of ASPs, including the sale of any product that includes an ASP as a gift, is prohibited.

The existing provisions for the ban on tobacco advertisements also apply to advertisements of ASPs.

Possession

Possessing ASPs for commercial purposes, including manufacture, sale, and giving them to others for purposes specified in the Ordinance, is illegal.

Use in Statutory No Smoking Areas

Smoking or carrying an activated ASP in a statutory no smoking area (NSA) is prohibited.

Penalties for Violations

Violating the ban on ASPs in Hong Kong can result in severe penalties:

Acts	Penalty
Import	Summary conviction: Fine of HK$500,000 and 2 years imprisonment<br>Conviction on indictment: Fine of HK$2,000,000 and 7 years imprisonment
Manufacture, sale, possession for commercial purposes, or giving to another person for promotion	Summary conviction: Fine of HK$50,000 and 6 months imprisonment
Broadcast of advertisement	Summary conviction: Fine of HK$50,000, with an additional HK$1,500 per day for continuing offenses
Using in NSA	Fixed penalty of HK$1,500 or summary conviction with a fine of HK$5,000

The implementation of this comprehensive ban on alternative smoking products in Hong Kong reflects the government’s commitment to protecting public health and discouraging the use of these products. By imposing strict penalties for violations and clearly defining the scope of prohibited activities, the legislation aims to create a safer, smoke-free environment for the city’s residents and visitors.

Press Release: Ban on Alternative Smoking Products

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Matthew Ma

Marketing at Ecigator

With over a decade of experience in the e-cigarette industry, Matthew Ma is a seasoned expert in both the manufacturing and usage aspects of vaping products. His extensive background has provided him with a deep understanding of the intricacies and evolving dynamics of e-cigarettes.