Following is a question by Professor the Hon Chan Wing-kwong and a reply by the Acting Secretary for Health, Dr Cecilia Fan, in the Legislative Council today (June 10):

Question:

     The provision under the Tobacco Control Legislation (Amendment) Ordinance 2025 (the Amendment Ordinance) prohibiting the possession of specified alternative smoking products (ASPs), such as e-cigarette capsules and heat sticks, in public places took effect on April 30 this year. In this connection, will the Government inform this Council:

(1) of the respective numbers of (i) complaints or referrals received, (ii) inspections conducted and ASPs seized in the operations, (iii) fixed penalty notices issued, and (iv) prosecutions instituted by the Tobacco and Alcohol Control Office of the Department of Health for offences related to the possession of ASPs since the Amendment Ordinance came into effect;

(2) whether any non-local visitors have been prosecuted or issued with fixed penalty notices for contravening the Amendment Ordinance; if so, of the details; and

(3) whether the authorities have assessed the effectiveness of the Amendment Ordinance in preventing members of the public from smoking and encouraging them to quit smoking; if so, of the details; if not, whether they will conduct relevant surveys?

Reply:

President,

     In consultation with the Department of Health (DH), the reply to the question raised by Professor the Hon Chan Wing-kwong is as follows: 

     The Hong Kong Special Administrative Region Government has all along advanced tobacco control efforts in a science-based, public opinion-oriented, multipronged and progressive manner. As early as 2016, the World Health Organization (WHO) invited Parties to the Framework Convention on Tobacco Control to adopt regulatory measures to ban or restrict the manufacture, import, distribution, display, sale, and use of e-cigarettes. The Government's strategy towards alternative smoking products (ASPs), including e-cigarettes, heated tobacco products and herbal cigarettes, is to nip the problem in the bud and prevent ASPs from gaining a foothold in Hong Kong, while fundamentally combating the use of ASPs for drug consumption. To this end, the Government introduced the Smoking (Public Health) (Amendment) Ordinance 2021, which was passed by the Legislative Council (LegCo) in 2021. One of the measures was to prohibit the import, manufacture, promotion, sale and possession of ASPs for commercial purposes starting from April 30, 2022. To further strengthen the control on ASPs, the Government introduced the Tobacco Control Legislation (Amendment) Ordinance 2025 (Amendment Ordinance) and was passed by the LegCo in 2025. The Amendment Ordinance includes a ban on possession of specified ASPs such as e-cigarette capsules and heat sticks in public places. Building on the four-year-old comprehensive ban on the import and sale of ASPs, this prohibition on possession in public places prevents the local circulation of ASPs, which are long banned from import and sale, and also stops the new generation from falling into an addiction.

     As the number of smokers of conventional cigarettes declines, the tobacco industry has packaged nicotine addiction products as ASPs, and is promoting them to young people and non-smokers in an attempt to expand its market in order to sustain its profits. These products are deliberately designed to be stylish, compact, and even toy-like, complemented by bright colors and tech-oriented packaging, in order to lower the guard of young people and lure them into trying ASPs or even switching to conventional cigarettes. In reality, this is a "sugar coating". When the coating is peeled away, we discover its true nature - "poison". The WHO has clearly stated that there is insufficient evidence to show that heated tobacco products are less harmful than conventional cigarettes, while e-cigarettes release many toxic substances that can cause cancer or damage the nervous and respiratory systems. Even more concerning is that ASPs are highly concealable. They are small in size, produce no naked flame when used, and can be easily tucked away in a pocket after use, making them hardly noticeable to others. This makes them an ideal vehicle for criminals to distribute drugs, and etomidate is the most compelling example. The use of ASPs does not help reduce the use of traditional cigarettes. Instead, it increases the likelihood that users will use multiple tobacco products simultaneously. Nevertheless, when promoting these aptly named "sugar-coated poison", the tobacco industry markets them with selling points such as "harm reduction" and even "smoking cessation aid". Hence we must crack down on these products across the multiple fronts from source of supply, to distribution and sale.

     Since the possession ban of ASPs in public places took effect on April 30, 2026, the Tobacco and Alcohol Control Office (TACO) of the DH has conducted over 4 000 inspections as of May 31. During the same period, 40 related complaints and referrals were received and 51 fixed penalty notices (FPNs) were issued for the said possession offence. None of these cases involved aggravating factors requiring prosecution. Among those who received FPNs, one person did not register with a Hong Kong identity card. Since whether an offender is a tourist and the purpose of his/her visit to Hong Kong are not factors for consideration during enforcement, the TACO does not keep records of the number of tourists among the offenders. Separately, the TACO seized a total of 69 ASPs during the operation, of which e-cigarettes accounted for 52 per cent, with the remainder being heat sticks. Moving forward, the TACO will continue to strengthen inspections using a risk-based strategy, with a view to cracking down on related illegal acts.

     Through the implementation of a comprehensive tobacco control strategy, we have achieved tangible results. According to the Thematic Household Survey (THS) on the pattern of smoking conducted by the Census and Statistics Department from July to October 2025, Hong Kong's smoking prevalence dropped to 8.5 per cent in 2025, hitting a historic low. As regards ASPs, following the implementation of the import ban in 2022, among others, the proportion of persons aged 15 and above who used e-cigarettes daily dropped from 0.2 per cent in 2023 to 0.1 per cent in 2025, with the actual number falling from 11 600 to 7 900. The same proportion for heated tobacco products dropped from 0.1 per cent in 2023 to a level beyond accurate estimation. These figures were recorded prior to the implementation of the possession ban of ASPs, as well as other tobacco control measures under the Amendment Ordinance including the expansion of statutory no-smoking areas, reflecting the deepening of a smoke-free culture in society. 

     The survey results also show that smoking prevalence among young people remained at extremely low levels, indicating that the new generation no longer accepts smoking behaviour. Adolescence is a critical window for preventing smoking addiction from taking hold. Research indicates that reducing young people's exposure to e-cigarettes in social settings can help reduce their likelihood of trying e-cigarettes and weaken the misconception that the use of e-cigarettes is normal behaviour. The possession ban is a crucial step toward denormalising ASPs. We will continue to conduct THS every two years and the impact of the possession ban and the new phase of tobacco control measures on smoking behaviour will then be reflected in the next round of THS in 2027.

     In addition to legislation, the "10 measures for tobacco control" announced by the Government also include the strengthening of smoking cessation services as well as publicity and education. The DH has been subventing a number of non-governmental organisations to provide free smoking cessation services, and educates the public on the harm caused by tobacco, so as to ensure the message reaches all segments of society. During the Quit in June campaign, the DH distributes free one-week smoking cessation drug trial packs and Chinese medicine ear points patches through more than 300 community pharmacies, smoking cessation clinics, District Health Centres (DHCs) / DHC Expresses, DH clinics, and designated Chinese medicine clinics. This year, an AI-assisted smoking cessation counselling service was also launched. Following the campaign each year, the number of calls to the smoking cessation hotline has significantly increased, indicating an uptick in smokers' intentions to quit. The Government will continue to monitor the implementation and effectiveness of various tobacco control measures, making timely policy adjustments as we move towards the goal of a smoke-free Hong Kong.

     Thank you, President.

Ends/Wednesday, June 10, 2026
Issued at HKT 15:10

NNNN