By Stephanie Lai and Luzia Liu
Hong Kong, 21 April 2026: Health authorities are rolling out stricter tobacco control measures, with possession of alternative smoking products (ASPs) – namely electronic smoking devices, heated tobacco products and herbal cigarettes – being banned in public places from 30 April.
Legislation was implemented four years ago which outlawed the import, manufacture, sale, distribution and promotion of ASPs, but not possession. The government believes that now is the appropriate time to ban possession in public places in a step aimed at further protecting young people from developing a smoking habit.
From 30 April, the following sanctions apply:
- Possession of not more than five e-cigarette pods, five millilitres of vape juice, 100 heat sticks, or 100 herbal cigarette sticks in public places for non-commercial purposes is liable for a HK$3,000 fixed penalty ticket.
- Anyone who fails to produce valid identification or obstruct an enforcement officer may face a summary offence, carrying a maximum fine of HK$10,000.
- Possessing more than the above quantities of ASPs will constitute an aggravating factor and will be handled through prosecution rather than a fixed penalty. Summary conviction will mean a fine of up to $50,000 and a maximum prison sentence of six months.
The amended tobacco control law also provides for a future territory-wide ban on ASPs, although no timeline has been set amid concerns about the enforcement challenges of banning them in private residences. The health authorities take the view that there is currently no legitimate way to obtain ASPs in Hong Kong. The only reasonable explanation for possessing them is that it is leftover stock from before the 2022 ban.
The new rules also apply to tourists. Accordingly, the government has stepped up promotion at border checkpoints and major tourist spots, as well as announcements on flights in collaboration with airlines.
The Tobacco and Alcohol Control Office (TACO) says enforcement inspectors, working in plain clothes, will have the authority to check identity cards, seize ASPs, demand contact information and arrest offenders. It says officers will not conduct body searches but rely on visual observation.
The latest measures follow key rule changes and heavier penalties that have already been in force since 1 January to further curb smoking in public. These include a ban on smoking within three metres of childcare centres, schools, hospitals or similar premises, and while queuing for public transport or venues such as cinemas, museums and swimming pools.
TACO has stepped up public education via transport advertising, leaflets, TV and radio announcements, and social media promotions to ensure full compliance with the new rules.
The Smoking (Public Health) Ordinance (Cap. 371), first enacted in 1982 with several amendments subsequently, is the major part of the legal framework on tobacco control in Hong Kong. The legislation is complemented by tobacco taxation, thus forming key pillars in the government’s drive to reduce smoking and improve public health.
Figures released this month show the level of smoking in Hong Kong has declined from 9.1% to 8.5% of the population aged 15 and older in the past two years. The reduced number of smokers and the fact they are smoking less means there has been a 30% decline in overall cigarette consumption over the same period.
Stephanie Lai is a Partner with BC&C. She focuses primarily on Insurance & Personal Injury work but has experience across a broad spectrum of practice areas including commercial matters, employment, criminal law, debt recovery and wills and probate. She can be contacted at StephanieLai@boasecohencollins.com.
