Goin’ Up in Smoke

Hong Kong adopted a policy of strict restrictions on smoking, especially on alternative smoking products such as vapes and heated tobacco products. This policy also led to a range of related offences, the most serious of which include offences related to dangerous drugs such as etomidate, commonly known as “space oil”.

Vaping on its own is not currently a criminal offence. However, even if no “space oil” is involved, it can still lead to criminal charges. A lesser-known danger is that some vaping fluids contain nicotine, a well-known component in traditional cigarettes and quitting aids. Nevertheless, possession of nicotine outside of these forms is an offence for possessing a Part 1 poison, under the Pharmacy and Poisons Ordinance (Cap 138).

Put simply, vaping as an alternative to traditional cigarettes or as a quitting aid is prohibited. Contravention would lead to criminal prosecution, and a conviction would result in a criminal record.

In ESCC 51/2026, a lady was initially suspected of  possession of “space oil”, which was ultimately clarified to be not the case. However, the vaping fluid was found to contain nicotine instead. This means the lady is still facing a criminal conviction that could seriously disrupt her career.

Upon representations to the Department of Justice, Mr Gordon Chan convinced the prosecution to deal with the case through ONE/BO. Avoiding the severe consequences of a criminal conviction in exchange for an order for binding over.

Note that from 30 April 2026, alternative smoking products will be further restricted in Hong Kong. Possession of vapes, heated tobacco products, herbal cigarettes, etc. are completely prohibited and would be a criminal offence. It would be wise to exercise caution with these products even before they are criminalised.