Hong Kong has once again tightened its control over alternative smoking products. From 30 April 2026, the possession of vapes in public places has become a criminal offence.
Hong Kong had taken a hard stance on emerging alternative smoking products. Measures taken include the tightened control over “space oil” etomidate, and a blanket ban on the import of e-cigarettes, herbal cigarettes, and heated tobacco products.
The government gazetted the Tobacco Control Legislation (Amendment) Ordinance 2025 on 19 September 2025, implementing a host of measures to further tighten controls on illicit cigarettes and prevent new smokers.
The most prominent policy change is in the almost complete prohibition on alternative smoking products, such as vapes and heated cigarettes, from 30 April 2026. Under section 15DBA of the Smoking (Public Health) Ordinance (Cap 371), possession of a “specified alternative smoking product” in a public place is now an offence. These would include the vape pods, heated tobacco sticks, and herbal cigarettes. This, in turn, also effectively banned smoking these alternative products in public places.
Note that the possession in small quantities, 5 units/5mL or 100 sticks, may be dealt with by way of a fixed penalty ticket. However, once that quantity is exceeded, a person is liable to a criminal conviction with a maximum fine at level 5 ($50,000) and to imprisonment for 6 months.
The overall effect of the current legislation means that technically, vapes are not completely banned in Hong Kong – It remains legal to smoke these products at home. However, given the ban on importation and public possession, these products are expected to be eliminated in Hong Kong once stocks are exhausted.
AI image generated by Nano Banana 2
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.
