Prohibition on possession of specified alternative smoking products in public places to take effect tomorrow
The Tobacco and Alcohol Control Office (TACO) of the Department of Health (DH) reminded the public that the provision under the Tobacco Control Legislation (Amendment) Ordinance 2025 prohibiting the possession of specified alternative smoking products (ASPs), such as e-cigarette capsules and heat sticks, in public places will take effect tomorrow (April 30).
The Tobacco and Alcohol Control Office (TACO), Photo source: reference image
Any person who possesses specified ASPs, including e-cigarette capsules, liquids, heat sticks and herbal cigarettes, in public places is liable to a fixed penalty of HK$3,000. If the quantity possessed exceeds the specified limit or involves commercial purposes, the maximum penalty is a fine of $50,000 and imprisonment for six months. Details are as follows:
Offence
Penalty
Possession of a quantity of specified ASPs not exceeding the specified limit (i.e. not more than 5 units of capsules/5mL of substance or 100 units of heat sticks or 100 rolls of herbal cigarettes)
- Fixed penalty of HK$3,000 (Note)
Possession of more than 5 units of capsules/5mL of substance or 100 units of heat sticks or 100 rolls of herbal cigarettes
- To be prosecuted in all cases
- Upon conviction, subject to a maximum fine at level 5 (i.e. HK$50,000) and imprisonment for six months.
The Government enacted comprehensive legislation four years ago (effective April 30, 2022), prohibiting the import, manufacture, promotion, sale and possession for commercial purposes of ASPs, in order to reduce the chance for tobacco companies to use ASPs to lure the public, especially the younger generation, into smoking addiction. In other words, for the past four years, there have been no legal channels to obtain such products, nor could they be brought into Hong Kong from overseas. ASPs purchased for personal use before the ban came into effect should have been largely consumed after a certain period of time. The new measures taking effect tomorrow further strengthen the overall regulation of ASPs, preventing harmful tobacco products from continuing to circulate locally and tackling the use of ASPs and harmful substances at its root.
To publicise the new tobacco control legislation, TACO has produced various publicity materials (including leaflets and posters) and is raising public awareness of the new regulations through TV and radio Announcements in the Public Interest, hanging banners and posters in various premises, placing advertisements on public transport, at bus stops and MTR stations, as well as enhanced promotion on social media. TACO has uploaded relevant information and frequently asked questions on its website for public inspection, and produced promotional leaflets specially for tourists. TACO also launched a four-week publicity campaign prior to the commencement of the provision, carrying out promotional activities in high-traffic areas, boundary control points and tourist attractions. In collaboration with District Councils, TACO has conducted community outreach to promote the new legislation, and has also co-ordinated with airline companies to make in-flight announcements about the new measures, reminding members of the public and visitors to comply with tobacco control legislation.
TACO stressed that currently there is no evidence to show that heated tobacco products and e-cigarettes are less harmful or beneficial for smoking cessation. On the contrary, ASPs have been proven to emit numerous toxic substances that can lead to addiction, illness, or even death. In the case of heated tobacco products, the World Health Organization (WHO) has clearly stated that there is insufficient evidence to show that they are less harmful than conventional cigarettes. As for e-cigarettes, the WHO has pointed out that e-cigarettes contain and release a number of potentially toxic substances that can cause cancer and damage the nervous system or respiratory system. Prolonged use of e-cigarettes may increase the risk of various heart and lung diseases as well as cancer.
The Government urges smokers to quit smoking as soon as possible. Members of the public may call the DH Integrated Smoking Cessation Hotline at 1833 183. The hotline is answered by registered nurses who provide professional counselling and referral to a wide range of free smoking cessation services.
Photo source: AP News
Note: Or upon summary conviction, a maximum fine at level 3 (i.e. HK$10,000)
