Hong Kong to impose 2‑tier penalty for carrying vapes in public from April 30

Anyone in Hong Kong found carrying more than five vape pods or 100 heat sticks in public will face a maximum fine of HK$50,000 and up to six months in jail from April 30, while those with smaller quantities will receive a fixed penalty of HK$3,000. The amended tobacco control law also provides for a future territory-wide ban on such products although no timeline has been set, the government said on Thursday. “The government decided to implement the ban in phases, starting with public places, due to concerns about the enforcement challenges of banning the products in private residences,” Dr Manny Lam Man-chung, head of the Tobacco and Alcohol Control Office, said. “We would consider the second phase if we run the first one smoothly.” From April 30, anyone found carrying a small quantity of alternative tobacco products – 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 will be issued a HK$3,000 (US$383) fixed penalty ticket. Those who fail to produce valid identification or obstruct an enforcement officer may face a summary offence, carrying a maximum fine of HK$10,000. Individuals found with larger quantities will be prosecuted instead of receiving a fixed penalty, with a summary conviction carrying a maximum fine of HK$50,000 and up to six months in jail. Anyone found using or carrying an activated product will also be presumed to possess it. Hong Kong banned the import, manufacture, sale, distribution and promotion of alternative smoking products on April 30, 2022. “There is currently no legitimate way to obtain these alternative smoking products in Hong Kong. If you see anyone holding a vape on the street, the only reasonable explanation is that it is leftover stock from before the 2022 ban,” said Dr Grace Wong Chung-yan, a senior medical and health officer. “It has been nearly four years, and we believe it is now the appropriate time to ban the possession in public places as well … this step is aimed at further protecting the young people from developing a smoking habit.” She said that young people who vaped were three to four times more likely to use traditional cigarettes in the future than those who did not. Wong added that the rule would also apply to tourists, with stepped-up promotion at border checkpoints and major tourist spots, as well as announcements on flights in collaboration with airlines. Neil Chan Tat-ming, the principal tobacco and alcohol control inspector, said enforcement officers would adopt the same strategy as before. “Officers will adopt a risk-based approach and conduct enforcement in plain clothes. They have the authority to check identity cards, seize cigarettes or smoking devices, demand contact information, and arrest offenders,” he said. Chan said the officers would not conduct body searches but rely on visual observation. Asked whether officers could enforce the law in commercial premises, Chan said they were permitted entry, but must witness an offence directly before issuing a ticket. “Even if we smell the smoke, we can only record the incident and step up inspection and promotion when evidence is insufficient,” he said. In cases where a person is only holding a smoking device without any tobacco substances, officers could still seize the device for further investigation if there is reasonable suspicion. For tourists who breach the law but do not have sufficient cash, officers will issue electronic fixed penalty tickets that allow payment via e-channels such as the Faster Payment System, Alipay and WeChat Pay. He stressed that officers had no targets to meet regarding the number of tickets issued. Separately, the government will introduce standardised packaging for traditional cigarettes and a duty stamp system on March 1, 2027. A transition period for manufacturers to update packaging will run until December 1, 2027. Official statistics showed Hong Kong’s smoking rate stood at 9.1 per cent for those aged 15 and over in 2023, among the lowest in developed economies. Fewer than 1 per cent reported daily use of heated tobacco or vapes. Among Primary Four to Secondary Six students, 0.2 to 0.4 per cent used heated tobacco, while 0.2 to 1.1 per cent had vaped in 30 days, the statistics from 2023 showed. The government had earlier set a target of reducing the overall smoking rate to 7.8 per cent by 2025.

Hong Kong to impose 2‑tier penalty for carrying vapes in public from April 30

.css-1c6uqr6{color:inherit;font-weight:inherit;font-size:inherit;font-family:inherit;line-height:inherit;overflow-wrap:break-word;}People carrying small number of e-cigarettes face HK$3,000 penalty, those with larger quantities risk maximum fine of HK$50,000 and up to six months in jail

People carrying small number of e-cigarettes face HK$3,000 penalty, those with larger quantities risk maximum fine of HK$50,000 and up to six months in jail