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Hongkongers now face fines, jail time if caught carrying vapes in public
Hongkongers caught carrying more than five vape pods or 100 heat sticks in public will face up to six months behind bars and a HK$50,000 fine from Thursday.
Cases involving smaller quantities will attract fines of HK$3,000.
The rules cover alternative tobacco products such as vapes, herbal cigarettes and electronic smoking products.
They are part of a government effort to tighten controls on smoking, and apply regardless of whether a person is consuming the 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,” the Department of Health’s Tobacco and Alcohol Control Office says.
The import, manufacture, sale, distribution and promotion of alternative smoking products was banned in April 2022, meaning there is no legal means to acquire them.
| Offence | 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 an alternative smoking product to any person under the age of 18 | Summary conviction to a fine of HK$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 (Commencing on 30 April 2026) | HK$3,000 fixed penalty for cases involving small quantities (Not more than 5 units of capsules/5mL of substance or 100 units of heat sticks or 100 rolls of herbal cigarettes) for non-commercial purposes Summary conviction to a fine of HK$10,000. Possessing more than the aforementioned quantities of specified alternative smoking products constitutes an aggravating factor and will be handled through prosecution rather than a fixed penalty. Summary conviction to a fine of $50,000 and to imprisonment for 6 months. |
| Use in non-smoking area | Fixed penalty of HK$3,000. |
| Possession of Part 1 poisons | Summary conviction to a fine of HK$100,000 and to imprisonment for 2 years |
Obstructing the police enforcement of the new legislation, or failing to show an ID card, can lead to a fine of HK$10,000.
Not applicable to private property
The ban does not cover private premises such as homes at this stage, said Grace Wong, senior medical and health officer at the Department of Health, as reported by TVB.
From December 1 next year, cigarette packaging will be standardised with brands and product names minimised to thwart the promotional effect.
According to the Department of Health, 9.5 per cent of Hongkongers smoked in 2023 – a reduction from 23.3 per cent in 1982.
