In KCS 26108/2025, Mr Gordon Chan represented a visa applicant under the Top Talent Pass Scheme who was prosecuted for importing vapes into Hong Kong. The Department of Justice agreed to dispose of the case by ONE/BO, without affecting the visa application.
A mainland resident is applying for a visa to come to Hong Kong under the Top Talent Pass Scheme. The TTPS seeks to attract high-income talent to work in Hong Kong. In fact, the person has already received an employment offer in a high-tech industry in Hong Kong, which could mark the beginning of a promising career here.
However, this promising career was almost tarnished. Hong Kong has implemented a stringent smoking ban. Unbeknownst to him, alternative smoking products such as vapes have been subject to stringent controls in Hong Kong since 2022, and he brought vapes and pods from Mainland China into Hong Kong on one occasion. The items were discovered and seized by officers from the Customs and the Department of Health. He also received a court summons from Hong Kong later on.
The smuggling of illicit cigarettes had been a serious problem and an offence punishable by serious penalties. Excerpt for transit travellers, smuggling of alternative smoking products such as vapes is no different. Under the Import and Export Ordinance (Cap 60) and the Dutiable Commodities Ordinance (Cap 109), the maximum penalty is a HK$ 2 million fine and 7 years’ imprisonment. This reflects the seriousness of such offences.
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 KCS 26108/2025, 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, and the defendant’s TTPS application was also successful.
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.
