Hong Kong will prohibit the possession of alternative smoking products in public places starting April 30, with offenders facing fines of up to HK$50,000 and six months' imprisonment.
Under the new regulation, individuals are banned from carrying specified alternative smoking products — including e-cigarettes, heated tobacco products and herbal cigarettes — in public places. Even if the products are not in use, simply possessing them in public constitutes an offence.
If a person is found using or carrying an activated alternative smoking device, it will be presumed as possession of a prohibited product. The law applies equally to both residents and visitors.
Depending on the quantity involved, offenders may be issued a fixed penalty notice of HK$3,000. For larger quantities, the case may be prosecuted, with a maximum penalty of HK$50,000 and six months in jail.
What counts as "alternative smoking products"?
The ban covers:
- Electronic smoking products
- Heated tobacco products
- Herbal cigarettes
Authorities noted that the law does not explicitly address collectible smoking devices. A senior official from the Health Bureau previously said future regulation will depend on the effectiveness of the current measures.
What qualifies as a "public place"?
According to the Smoking (Public Health) Ordinance, a public place refers to any place to which for the time being the public are entitled or permitted to have access, whether on payment or otherwise; or a common part of any premises notwithstanding that the public are not entitled or permitted to have access to that common part or those premises.
Enforcement inside private offices or restrooms may be challenging. While officers from the Tobacco and Alcohol Control Office can enter commercial premises, they do not have the authority to obtain search warrants and must rely on knocking or requesting entry.
Authorities said enforcement largely depends on direct observation. Smell alone is insufficient evidence for prosecution, meaning inspections and public education will play a key role.
What is considered a "small quantity"?
Possession of a small amount for non-commercial use is defined as:
- No more than 5 cartridges, or
- 5ml of smoking substance, or
- 100 heated tobacco sticks, or
- 100 herbal cigarettes
Violators may receive a fixed fine of HK$3,000 or, upon summary conviction, a fine of up to HK$10,000.
Possession exceeding these limits will be treated as an aggravating factor and handled through prosecution, with penalties reaching HK$50,000 and six months' imprisonment.
Are tourists exempt?
Authorities stressed that enforcement will apply equally to tourists and local residents. Publicity campaigns will be stepped up at border checkpoints and on flights to raise awareness.
Since late 2025, HK has adopted electronic tickets with QR codes for fines, allowing payments via multiple platforms such as FPS, Alipay and UnionPay.
Will police enforce the law?
Police have the authority to seize prohibited alternative smoking products. However, enforcement will primarily be carried out by the Tobacco and Alcohol Control Office.
Police Commissioner Joe Chow Yat-ming previously said officers will not take proactive enforcement action but will handle cases when encountered, including collecting evidence and referring them to relevant authorities. Arrests may be made if necessary.
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