Tobacco Control Legislation
Ban on Alternative Smoking Products
No person may import, promote, manufacture, sell, or possess for commercial purposes alternative smoking products, including electronic smoking products, heated tobacco products and herbal cigarettes. Starting 30 April 2026, no person may possess a specified alternative smoking product in a public place.
What are Alternative Smoking Products?
Alternative smoking products (“ASPs”) are defined under Part 2 of Schedule 7 to the Smoking (Public Health) (Amendment) Ordinance 2021.
Simply put, ASP is:
(1) A device (other than a waterpipe) that is capable of generating an aerosol, other than by means of direct lighting, from any substances (except dangerous drugs) and being used for imitating conventional smoking; its component or accessory.
(2) Any substance (other than a dangerous drug) suitable for use with a device described in (1) to generate an aerosol from that substance. Examples include heated tobacco sticks and “e-liquid”.
(3) Any plant material (other than tobacco or a dangerous drug) rolled up in any material for immediate use for imitating conventional smoking (i.e. herbal cigarettes).
Examples of electronic smoking products
Examples of heat tobacco products
The Prohibitions
Import
- Under the Import and Export (Amendment) Ordinance 2023, no person may import an alternative smoking product by way of parcels, cargoes, and bringing in by incoming travellers.
- 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 in a vessel during transit, or specified intermodal transhipment cargoes imported by a registered operator are exempted.
Manufacture
- No person may manufacture alternative smoking products.
Promotion and Giving
- No person may give an alternative smoking product to another person for promotion or advertisement.
- No person may give an alternative smoking product to another person in exchange for a token or as a prize in any event or competition.
- No person may give another person an object that is intended to be shown in public and contains —
(1) the name or trade name of a person associated with the marketing of alternative smoking products; or
(2) a trade mark or brand name of an alternative smoking product, or a pictorial device, or any part of the device, commonly associated with the trade mark or brand name.
- No person may give an alternative smoking product to any person under the age of 18 years.
Sale
- No person may sell an alternative smoking product, or sell any product that includes an alternative smoking product as gift.
Advertisement of alternative smoking products
- The provisions for the ban on tobacco advertisements also apply to advertisements of alternative smoking products.
Possession
- No person may possess alternative smoking products for commercial purposes, including manufacture, sale and giving them to other persons for purposes as specified in the Ordinance.
Ban on Use in Statutory No Smoking Areas
- No person may smoke or carry an activated alternative smoking product in a statutory no smoking area (NSA).
- Starting 30 April 2026, no person may possess a specified alternative smoking product in a public place. A person is presumed to possess a specified alternative smoking product if the person smokes or carries an activated alternative smoking product. A specified alternative smoking product means a product set out in item (2) and (3) in the definitions above (i.e. ASP substances such as capsules, heat sticks and herbal cigarettes).
Ban on Use
- No person may smoke or carry an activated alternative smoking product in a statutory no smoking area (NSA).
- Starting 30 April 2026, no person may smoke or carry an activated alternative smoking product in any public place.
Pharmacy and Poisons Ordinance
- Alternative smoking products containing nicotine are classified as Part 1 poisons. Illegal possession of Part 1 poisons is an offence.
Please refer to the Smoking (Public Health) (Amendment) Ordinance 2021, Import and Export (Amendment) Ordinance 2023 and Tobacco Control Legislation (Amendment) Ordinance 2025 for the detailed provisions.
Penalty
- Anyone who carries out any of the following acts in relation to an alternative smoking product commits an offence–
| Acts | Penalty |
|---|---|
| Import | Summary conviction to a fine of HK$500,000 and imprisonment for 2 years, or on conviction on indictment to a fine of HK$2,000,000 and imprisonment for 7 years |
| Manufacture, sale, possession for commercial purposes, or giving to another person for promotion | Summary conviction to a fine of HK$50,000 and imprisonment for 6 months |
| Giving alternative smoking product to any person under the age of 18 | Summary conviction to a fine of $50,000 and to imprisonment for 6 months |
| Broadcast of advertisement | Summary conviction to a fine of HK$50,000 and, in the case of a continuing offence, to a further penalty of HK$1,500 for each day during which the offence continues |
| Possession of specified alternative smoking product in a public place | $3,000 fixed penalty for cases involving small quantities (less than 5 units of capsules/5mL of substance or less than 100 units of heat sticks or less than 100 rolls of herbal cigarettes) for non-commercial purposes, commencing on 30 April 2026. |
| Use in NSA | Fixed penalty of $1,500 until 31 December 2025 and $3,000 commencing on 1 January 2026. |
| Possession of Part 1 poisons | Summary conviction to a fine of $100,000 and to imprisonment for 2 years |
Recovery of cost
If a person is convicted of an offence related to the prohibition of alternative smoking products under the Smoking (Public Health) Ordinance, the court may order the person to pay to the Government a sum the court considers appropriate for the costs and expenses reasonably incurred by the Government in relation to the collection, analysis or examination of the alternative smoking product or any other thing for the criminal proceeding.
FAQ
FAQ on ban on alternative smoking products
To know more about the hazards of E-cigarettes and Heated Tobacco Products, Please refer to:
Reason to Quit – Tobacco Facts: E-cigarette
