In FLS 5025/2026, Mr Gordon Chan represented a visa holder under the Immigration Arrangements for Non-local Graduate (IANG) who was prosecuted for importing vapes and pods into Hong Kong. The Department of Justice agreed to dispose of the case by ONE/BO, minimising the impact on his future visa renewal.
A Hong Kong non-permanent resident was allowed to stay under the Immigration Arrangements for Non-local Graduate (IANG) visa after completing a tertiary programme locally and accepting a job offer. The visa is for two years and is subject to renewal.
However, the man was intercepted after returning from the Mainland one day in 2025. He was found to have brought a number of cigarettes, a vaping device, and a number of pods with him. While the cigarettes were released after paying a compounding fine, the vape and pods were seized due to the stringent importation ban in Hong Kong. The man was prosecuted and has since received a court summons for an offence under the Import and Export Ordinance (Cap 60).
Not only is the offence serious. Worse still, a conviction would leave a criminal record. Hence, even if the penalty for a one-off incident is typically a fine, it might also affect visa and immigration applications – in this case, further renewal of the IANG visa.
Having made representations to the Department of Justice, Mr Gordon Chan persuaded the department to grant the defendant a chance to bind him over without a criminal record, minimising the impact on his future visa renewal.
Getting caught with vapes when entering Hong Kong may seem trivial, but this is not the case, as Hong Kong has a stringent smoking ban. A summons may have far more serious consequences than it first appears. One should seek legal advice when faced with one.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
