B. Sale and Supply of Liquor

B. Sale and Supply of Liquor

Under the law, “intoxicating liquor” means any liquor that contains more than 1.2% ethanol by volume and is suitable or intended for use as a beverage, including beer, wine, spirits, etc.

Under regulation 37 of the Dutiable Commodities (Liquor) Regulations (Cap. 109B), no person may, in the course of business, sell or supply intoxicating liquor to any person under the age of 18, regardless of whether payment is involved; whether the sale or supply is made through traditional retail outlets (e.g. liquor stores, supermarkets, convenience stores) or by remote distribution (e.g. online orders); whether the liquor is distributed free of charge at marketing or promotional events; or whether liquor is given away as a free gift with the purchase of other products. The maximum penalty for the offence is a fine of $50,000.

It is a defence for the seller to prove that they had checked the purchaser’s valid identity document and reasonably believed that the purchaser was 18 or above.

This requirement covers all commercial sales and supplies, including those by retail shops, supermarkets, convenience stores, restaurants, bars, online platforms, exhibitions and promotional activities. It does not apply to non‑commercial family gatherings or social events.

Under regulation 41 of the Dutiable Commodities (Liquor) Regulations, if intoxicating liquor is sold or supplied on any premises or in any shop, a statutory notice in both Chinese and English must be prominently displayed, stating:

「根據香港法律，不得在業務過程中，向未成年人售賣或供應令人醺醉的酒類」

 “Under the law of Hong Kong, intoxicating liquor must not be sold or supplied to a minor in the course of business.”

Maximum penalty for non‑compliance is a fine of $25,000.

Under regulation 42 of the Dutiable Commodities (Liquor) Regulations, for remote distribution of intoxicating liquor (including by electronic means, websites, phone calls, mail, mobile apps, etc.), before the liquor is sold or supplied, the above statutory notice must be clearly displayed or read out; and the seller must obtain a declaration from the purchaser that they are 18 or above, and must have no reasonable doubt that the declaration is false.

If the delivery person is an employee of the seller and has doubts about the age of the recipient, they must verify the recipient’s age upon delivery. Otherwise, both the seller and the delivery person may be prosecuted.

The maximum penalty for contravening remote‑sale requirements (e.g. failure to display the notice, failure to obtain an age declaration) is fine of $25,000.

Vending machines must not be used for the sale of intoxicating liquor. The maximum penalty is a fine of $50,000.