C. Alternative Smoking Products

C. Alternative Smoking Products

To protect public health, Hong Kong imposes strict regulation on alternative smoking products. “Alternative smoking products” generally refer to products that can imitate conventional smoking behaviour but are not used by the traditional method of burning tobacco. They mainly include electronic smoking products, heated tobacco products and herbal cigarettes.

“Electronic smoking products” refer to devices and their accessories that can generate aerosol by heating non‑tobacco substances without combustion, thereby imitating smoking; this also includes any substances (e.g. e‑liquids) used in such devices to produce aerosol.

“Heated tobacco products” refer to devices and their accessories that release aerosol or smoke by heating tobacco; this also includes tobacco products specifically designed for use with such devices, e.g. heated tobacco sticks.

“Herbal cigarettes” refer to products made from non‑tobacco plant materials that can immediately imitate smoking.

Smoking bans

No person may smoke or carry an activated alternative smoking product in a statutory no smoking area. Offenders are liable to a fixed penalty of $3,000.

With effect from 30 April 2026, no person may possess a specified alternative smoking product in a public place. Any person who uses or carries an activated alternative smoking product is presumed to be in possession of a specified alternative smoking product. “Specified alternative smoking products” means alternative smoking substances such as capsules, heat sticks and herbal cigarettes. Offenders are liable to a fixed penalty of $3,000.

Import

No person may import alternative smoking products. This applies whether the products are brought in by mail, courier or hand‑carried on entry, and any of these may constitute an offence. Transit passengers and air‑transhipment cargo are exempt. The maximum penalty upon conviction is a fine of $2,000,000 and imprisonment for 7 years.

Manufacture, promotion, sale and commercial possession

It is prohibited to manufacture, promote, sell, or possess alternative smoking products for commercial purposes. The maximum penalty upon conviction is a fine of $50,000 and imprisonment for 6 months.

Supplying products to minors

It is prohibited to supply alternative smoking products to persons under 18. This prohibition is not limited to sale; free distribution, gifting and providing trial use are also covered by the law. The maximum penalty upon conviction is a fine of $50,000 and imprisonment for 6 months.

Advertising

Alternative smoking products are subject to the same restrictions on smoking product advertising. No person may publish, display or arrange for the publication of advertisements relating to such products. The maximum penalty upon conviction is a fine of $50,000; for a continuing offence, an additional fine of $1,500 per day may be imposed.

Promotion

It is prohibited to:

1. give an alternative smoking product to another person for promotion or advertisement.
2. give an alternative smoking product to another person in exchange for a token or as a prize in any event or competition. 
3. give anything of value to another person in order to promote to the person an alternative smoking product
4. give another person any item that is meant to be displayed in public if it shows the name, brand, logo, or any recognisable image connected to a company that sells alternative smoking products.

The maximum penalty upon conviction is a fine of $50,000 and imprisonment for 6 months.

Pharmacy and Poisons Ordinance and nicotine products

E‑liquids containing nicotine are classified as Part 1 poisons under the Pharmacy and Poisons Ordinance (Cap. 138). All nicotine‑containing products must be registered in Hong Kong and may only be sold in pharmacies under the supervision of a registered pharmacist. Illegal sale or possession is liable to a maximum fine of $100,000 and imprisonment for 2 years.