Tobacco Control Legislation
Ban on Alternative Smoking Products
Starting April 30, 2022, nobody can bring in, advertise, make, sell, or have for business reasons, other smoking items, such as electronic smoking items, heated tobacco items, and herbal cigarettes.
What are Alternative Smoking Products?
The law defines Alternative Smoking Products (ASPs) as:
1. Any device (except a waterpipe) that can produce a mist from substances (excluding dangerous drugs) without direct lighting, used for simulating regular smoking, along with its parts or extras.
2. Any substance (excluding dangerous drugs) that can be used with the device mentioned above to create a mist. Examples include heated tobacco sticks and e-liquid.
3. Any plant material (excluding tobacco or dangerous drugs) wrapped in any material for immediate use to mimic regular smoking (herbal cigarettes).
The law prohibits the following regarding alternative smoking products:
Import: Individuals are not allowed to bring in alternative smoking products through parcels, cargoes, or by travelers entering Hong Kong. There are exemptions for certain situations like items in transit at the airport, air transshipment cargoes, and specified intermodal transhipment cargoes imported by registered operators.
Manufacture: It is prohibited for individuals to manufacture alternative smoking products.
Promotion and Giving: Giving alternative smoking products for promotional purposes or as prizes in events is not allowed. Providing items with branding related to alternative smoking products in public is also prohibited.
Sale: Selling alternative smoking products or giving them as gifts is not permitted.
Advertisement: Regulations banning tobacco advertisements also extend to advertisements for alternative smoking products.
Possession: Possessing alternative smoking products for commercial uses like manufacturing, selling, or giving to others is prohibited as specified in the Ordinance.
Ban on Use in No Smoking Areas: Smoking or using activated alternative smoking products is not allowed in statutory no smoking areas.
