Tobacco Control Legislation

“A queue” (輪候) means to wait in a line of two or more persons. “Queueing” is an easily understood behaviour. The Legislation does not specify the form of the queue - regardless of whether it is zigzagging or irregular. Smoking is prohibited while queuing to board public transport carriers or to enter certain designated places. Offenders are liable to a fixed penalty of HK$3,000.

Starting from 1 January 2026, smoking is prohibited in the following situations:

• While staying within a designated boarding location with railings, ground markings, or under shelters, or queuing in a line of 2 or more persons to board a public transport carrier (such as queuing for buses, minibuses, taxis and trams) at a designated boarding location.
  
  
• Queuing in a line of 2 or more persons to enter or within certain places as described in Schedule 9 of the Ordinance e.g. museums, public swimming pools, stadiums, specified clinics etc.
  

The ban on smoking while queuing is not applicable to restaurants or shops.

Yes. Starting from 1 January 2026, smoking is prohibited in the following situations:

• While staying within a designated boarding location with railings, ground markings, or under shelters, or queuing in a line of 2 or more persons to board a public transport carrier (such as queuing for buses, minibuses, taxis and trams) at a designated boarding location.

Public transport means any public bus, public light bus, taxi, train, light rail vehicle, tram, cable car or ferry as described in Schedule 1 to the Smoking (Public Health) Ordinance (Cap. 371). Schedule 1 includes public buses operated under a passenger service licence for the purposes of (a) tour service; (b) international passenger service; (c) hotel service; (d) student service; (e) employees’ service; (f) residents’ service; (g) multi-transport service; or (h) any other services under the Road Traffic Ordinance (Cap. 374) (except when they are hired out to any person under regulation 38 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg. D)).

Designated boarding location means a place designated for prospective passengers of a public transport carrier to wait to board the carrier.

Therefore, tour buses and hotel shuttle buses operating under a passenger service licence are considered public transport. Smoking is prohibited while queuing for such transport carriers at a designated boarding location.

Yes. Starting from 1 January 2026, smoking is prohibited in the following situations:

• While staying within a designated boarding location with railings, ground markings, or under shelters, or queuing in a line of 2 or more persons to board a public transport carrier (such as queuing for buses, minibuses, taxis and trams) at a designated boarding location.

Public transport means any public bus, public light bus, taxi, train, light rail vehicle, tram, cable car or ferry as described in Schedule 1 to the Smoking (Public Health) Ordinance (Cap. 371). Schedule 1 includes ferries operated under a franchise or licence granted under the Ferry Services Ordinance (Cap. 104).

Designated boarding location means a place designated for prospective passengers of a public transport carrier to wait to board the carrier.

Therefore, Kaito ferries operating under relevant franchise or licence are considered public transport. Smoking is prohibited while queuing for such transport carrier at a designated boarding location.

Within delineated areas of designated boarding location, "staying" means staying or remaining within that area, and not merely passing through or briefly stopping. Smoking while staying within the designated area of a boarding point for public transport is illegal, regardless of whether the person is waiting to board public transport carrier or whether there is another person in the area.

Generally speaking, 3 meters is approximately equivalent to the distance of about 6 to 7 steps for an adult. Smoking is strictly prohibited within this area, whether passing through or remaining stationary. An illustration of the 3-meter area outside entrances / exits (statutory no smoking areas) is provided below:

First of all, if a premises has multiple entrances / exits, the 3-meter no smoking area rule only applies to those exclusively used for access to the premises. If an entrance / exit is not an exclusive one for the premises, the 3-meter no smoking area rule does not apply.

Second, all indoor public places are currently designated as no smoking areas. If the entrance / exit opens to an indoor public area - meaning it is already part of a statutory no smoking area - the 3-meter no smoking area rule does not apply. Conversely, if the entrance / exit exclusive for access to the premises (e.g. a residential care home on the upper floor) opens to an outdoor area (such as on a podium), the 3-meter no smoking area rule applies.

TACO has reminded venue managers of the new measures, provided them with a guideline and advised to put up signages as appropriate to facilitate the public in recognising smoking is prohibited in that area.

Alternative smoking products (“ASPs”) are defined under Part 2 of Schedule 7 to the Smoking (Public Health) Ordinance (Cap. 371), which generally mean e-cigarettes, heated tobacco products, and herbal cigarettes, etc. Specified ASPs mean e-liquids or capsules of e-cigarettes, heat sticks, and herbal cigarettes, etc.

The legal definition of ASP is as follows:
(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).

Currently, it is illegal to use ASPs such as e-cigarettes or heated tobacco products in no smoking areas; offenders are liable to a fixed penalty of $3,000.

From 30 April 2026, a person who possesses a specified alternative smoking product in a public place commits an offence. A person is presumed to possess a specified alternative smoking product if the person smokes or carries an activated alternative smoking product. Offenders are liable to a fixed penalty of $3,000.

Starting from 30 April 2026, anyone who possesses and simultaneously consumes alternative smoking products in a no smoking area commits two offenses: smoking in a no smoking area and possessing the specified alternative smoking product in a public place, and may receive two fixed penalty notices.

Anyone who carries out any of the following acts in relation to an alternative smoking product commits an offence–

The Import and Export Ordinance stipulates that no person may import an ASP by way of parcels, cargoes, and carrying by incoming travellers. Articles in transit, air transhipment cargoes, specified intermodal transhipment cargoes imported by a registered operator, and persons in transit at the Hong Kong International Airport without passing through any immigration control are exempted. Otherwise, it is illegal for travellers to bring ASPs into Hong Kong. The Ordinance empowers the Customs and Excise Department and the Department of Health to enforce the import ban.

The Import and Export Ordinance prohibits any person from importing ASPs, regardless of the quantity or whether they are for personal use. Import covers parcels or articles that are brought in by incoming travellers.

There is currently no alternative smoking products registered as pharmaceutical products under the Pharmacy and Poisons Regulations in Hong Kong. If needed, smokers who are trying to quit smoking may use locally registered smoking cessation medications (such as nicotine replacement therapy) or seek medical assistance during their stay in Hong Kong.

Travellers in transit are exempted. According to The Import and Export Ordinance, travellers in transit refer to those persons arriving at the Hong Kong International Airport from a place outside Hong Kong, and while in Hong Kong, not passing through immigration control.

Cross-border parcel delivery of ASP that was purchased online will be considered import by the person who conduct the purchase.

The purpose of the ban is to prevent the circulation and use of ASPs in Hong Kong. There is no exemption for import of any quantity of ASPs.

The Import and Export Ordinance prohibits import of ASPs. Air transhipment cargoes, articles in transits, or specified intermodal transhipment cargo imported by a registered operator are exempted.

Part 4 of the Smoking (Public Health) Ordinance prohibits any form of tobacco advertising, including in printed publications, by film, on the Internet, or by radio or visual images. Since 2022, the prohibitions have been expanded to cover ASPs by the Ordinance. Offenders are liable, on summary conviction, to a fine of $50,000 and, in the case of a continuing offence, to a further penalty of $1,500 for each day during which the offence continues, can be imposed.

The exemption does not apply to ASPs.

From 19 September 2025, no person shall supply any smoking product (including traditional smoking products and alternative smoking products) to a person under the age of 18.

If the quantity of the conventional smoking products involved is less than the specified quantity (i.e. less than 19 cigarettes or; less than one cigar or; one tobacco product of less than 25 grammes), the offender may be subject to a fixed penalty of $3,000. Otherwise, the offender may be liable to a maximum fine of 5,000.

The maximum penalty for supplying alternative smoking products (such as e-cigarettes, heated tobacco products and herbal cigarettes) to minors is a fine of $50,000 and imprisonment for six months.

In accordance with the Smoking (Public Health) Ordinance, the following areas are designated as "Statutory No Smoking Area". No person may do a smoking act in statutory no smoking areas, or else will be liable to a fixed penalty of $ $3,000.

Illustration of 3 metres outside the entrances / exits:

In accordance with the Smoking (Public Health) Ordinance, apart from police officers and Tobacco and Alcohol Control Inspectors of the Department of Health, designated officers of the Leisure and Cultural Services Department, Food and Environmental Hygiene Department and Housing Department are also authorized to issue fixed penalty notices to people who smokes in statutory no smoking areas under their management. Designated officers include:

When performing enforcement duties, the above public officers may or may not wear uniform depending on the duties and operational needs of their ranks. However, all public officers shall carry departmental identity cards or departmental warrant cards when exercising their duties. The identification document will have the name, rank and photo of the public officer for identification purposes.

As smoking is an action that lasts for a very short while, enforcement officers cannot arrive at the concerned location immediately after receiving your complaint. Therefore, you can make a complaint to the venue manager of the premises and request them to ask the smoker stop smoking.

If the smoking offence persists, you may consider making a complaint to the Tobacco and Alcohol Control Office ( Contact Us ). Tobacco and Alcohol Control Office will arrange inspections and take law enforcement actions after receiving your complaint.

In accordance with the Smoking (Public Health) Ordinance (Cap. 371), indoor areas of all restaurant premises, shops, shopping malls and bars are designated as no smoking areas. Please click here for details.

If there is smoking offence in the venue under your management, you can:

1. Request the smoker to cease the smoking act.
2. If the smoker is not cooperative and continues to do smoking act, the manager may request the smoker to leave the no smoking area. If the offender is requested to leave the no smoking area in violation of the smoking ban, he is not entitled to a refund of any admission fees or money for entering to the premises or building.
3. You may also request the smoker to provide his name, address, and documentary proof of identity, and send the information to Tobacco and Alcohol Control Office for follow-up ( Contact Us ).
4. If the smoker is still not cooperative or violence situation occurs, you should contact the police station nearby and request for assistance.

The current legislation will cover smoking behavior in the statutory no smoking areas. Enforcement action could only be taken for smoking offence in the no smoking areas. If people smoke inside their own domestic premises, the smoking act is exempted from the Smoking (Public Health) Ordinance.

However, if people smoke in the public areas of corridor, lift lobby and back stair, you may make complaint to the venue manager (e.g. management company) and request them to stop the smokers smoking, or request them to strengthen inspection at the blackspot of smoking offence and put up more no smoking signs. If the smoking offence persists, you may consider making a complaint to the Tobacco and Alcohol Control Office ( Contact Us ). Tobacco and Alcohol Control Office will arrange inspections and law enforcement actions after receiving the complaint.

Starting from 1 January 2026, offender has to pay the Fixed Penalty of $3,000 within 21 days from the date of the fixed penalty notice. You may pay the fixed penalty in accordance to the payment instructions printed at the overleaf of the notice, such as at post office counters, through Bank Automated Teller Machine (ATM), using ‘PPS’ through the internet, by phone or by cheque, using Faster Payment System (FPS), with credit card, or with Chinese Mainland’s Licensed Digital Wallets.

If the fixed penalty is not paid within 21 days, the department will issue a demand notice (i.e. Form 2) to remind you to pay the fine within 10 days from the date of the notice. If you wish to dispute liability for the offence, you should notify the Authority in writing or by using the attached notification form in Form 2. Please quote the 10-digit Reference no. shown at the top left corner of the notice for reference. Dispute cases will be handled by the court, and you have to appear in Court for hearing and offer defense.

If you do not pay the fixed penalty or notify the Authority that you wish to dispute liability for the offence within 10 days from the date of the notice, upon an application made in the name of the Secretary for Justice, a magistrate would order and require the person to pay the fixed penalty amount, with an additional penalty of $3,000 and the sum of $300 by way of costs ($6,300 in total) within 14 days from the date of the order.

All bus termini / public transport interchanges (PTIs) which are defined as 'indoor' by Smoking (Public Health) Ordinance belong to 'statutory no smoking areas', and all people in the areas shall comply with the smoking ban. Besides, the Department of Health has implemented the smoking ban in public transport facilities (PTFs) by phases for those areas identified as fulfilling the criteria as set out in section 3(1AB) of the Ordinance:

• any area that consists of the termini of 2 or more modes of public transport and is used for effecting and facilitating interchange between them; or
• any bus terminus of more than one specified route as defined in section 2 of the Public Bus Services Ordinance (Cap.230).

For the list published in Gazette of the public transport facilities of which smoking is prohibited, please click here.

If you note that the bus terminus/ public transport interchange is a statutory no smoking area but smoking offences persist in the location, you may consider making a complaint to Tobacco and Alcohol Control Office (Contact Us). Please note that smoking is an action that lasts for a short while and staff of Tobacco and Alcohol Control Office cannot arrive at the concerned location immediately. However, we would arrange inspections and law enforcement actions after receiving the complaint.

The Tobacco and Alcohol Control Office of the Department of Health has produced a series of No Smoking Signs and health education materials, including no smoking posters, pamphlets. Businesses, organizations or venue managers are welcome to put up these materials in the premises under their management.
Pamphlets and Posters
No Smoking Signs
If you would like to get the audio-visual materials or large quantity of posters, pamphlets and no smoking signs, please make application to Tobacco and Alcohol Control Office by completing the following forms:

Forms
Public Forms

Submission Method

• By Fax: 2575 8944
• By Post: Tobacco and Alcohol Control Office, Department of Health, Room 1801-1803, 18/F, Wing On Kowloon Centre, 345 Nathan Road, Kowloon
• By Email: tobaccocontrol@dh.gov.hk

If business / school / organization would like to organize some publicity events related to smoking ban, the Department of Health could provide the following assistance:

• Provision of Posters/ Pamphlets
  Tobacco and Alcohol Control Office has produced a variety of posters and pamphlets for distribution. The contents include the hazards of smoking and second-hand smoke, smoking cessation messages and Tobacco Control Ordinance, etc. For details of collection of posters/ pamphlets, please click here.
• Organizing Talks
  Business/ School/ Association could apply for talk on smoking ban or smoking cessation at their arranged venues or at Tobacco Control Resource Centre.
  Contents of the talks are as follows:

Seminar on Smoking (Public Health) Ordinance
(Application Form)

• Smoking situation in Hong Kong
• Brief Introduction of Smoking (Public Health) Ordinance
• Duties and power of "Manager"
• Guidelines on handling smoking offence
• Harmful effects of smoking and secondhand smoke
• Case discussion

Smoking Cessation Talk
(Application Form)

• Smoking situation in Hong Kong
• Harmful effects of smoking and secondhand smoke
• Methods of quitting smoking
• Medications for quitting smoking
• Brief introduction of smoking cessation services
• Carbon monoxide measurement

The completed application form can be sent to the Tobacco and Alcohol Control Office via the following ways:

• By Fax: 2575 8944
• By Post: Room 1801-1803, 18/F, Wing On Kowloon Centre, 345 Nathan Road, Kowloon