Hong Kong toughens anti-smoking policy, bans heated tobacco and vaping products

The Hong Kong government recently proposed new restrictive measures on tobacco and nicotine products. The measures aim to reduce the smoking rate to 7.8% by 2025, from 9.1% in 2023, and achieve the goal of a "tobacco-free Hong Kong". Key measures include banning vaping products and expanding smoke-free spaces.

Hong Kong has implemented a series of robust anti-smoking policies over the years, contributing significantly to its low smoking rates and high life expectancy. These policies reflect a multi-pronged approach combining the adoption and enforcement of protective legislation, tax increases, and support for smoking cessation. This integrated strategy has been instrumental in reducing smoking prevalence from 23.3% in 1982 to 10.5% in 2015, making Hong Kong a leader in tobacco control and public health. [1]

In line with this anti-smoking policy, on 6 June 2024, the Hong Kong government announced a series of ten new measures to combat smoking, with the aim of creating a "tobacco-free Hong Kong". The aim is to reduce the smoking rate in the city to 7.8% by 2025, from 9.1% in 2023. During the "Vibrant, Healthy and Tobacco-free Hong Kong" public consultation on tobacco control strategies, which ran from July to September 2023, more than 90% of citizens expressed their support for pursuing policies to reduce smoking prevalence in Hong Kong.

The government also wants to toughen penalties for dealing in, possessing, selling or buying illicit cigarettes. Penalties include a doubling of fines from HK$1 million to HK$2 million and imprisonment for convictions of two to seven years.[2]

Ban on flavoured cigarettes, heated tobacco and e-cigarettes

Among the most significant measures is the complete ban on e-cigarettes, heated tobacco products and herbal cigarettes. This ban also extends to other flavoured cigarettes, including menthol cigarettes, which are particularly attractive to young people. A text had already been adopted in 2022 prohibiting the importation and sale of these products, but the new regulation will go further by even prohibiting their possession for personal use.

" It is time to ban all forms of possession of new tobacco and nicotine products, including for personal use " said Assistant Secretary for Health Eddie Lee.[3]

Extension of smoke-free areas and strengthening of the ban on sales to minors

While smoking is already banned in places such as restaurants, shopping centres, near hospitals and schools, and on public transport, the new measures provide for the expansion of smoke-free areas (daycare centres, retirement homes, all public healthcare facilities, etc.). Smoking while queuing in public places will also be banned. This measure aims to protect non-smokers from the harmful effects of second-hand smoke, whether inside buildings or outside in situations where they cannot easily get away from smokers.

The fine for violating the smoking ban rules will be doubled from HK$1,500 to HK$3,000.

In addition, the sale of e-cigarettes and flavored cigarettes to minors will be strictly prohibited, with severe penalties for offenders.

Implementation of neutral packaging

The government wants to implement plain packaging for tobacco products and increase the size of health warnings in order to mitigate the promotional effect of these products. This measure is aimed at deterring non-smokers, especially young people, from starting smoking.

Duty Paid Labeling System

Regarding tobacco sales control, a new duty-paid labelling system will be introduced to ensure product tracking and traceability. The system aims to strengthen the fight against illegal tobacco markets. It involves affixing a unique identification code via labels affixed to each tobacco product to monitor the payment of customs duties. With this label, authorities can easily distinguish legal tobacco products from those smuggled. Illicit markets pose a significant threat to public health and the government's tax revenue. In 2017, the tax loss from illicit tobacco consumption in Hong Kong was estimated at HK$2.8 billion (approximately US$356 million).[4] By making it harder to sell contraband tobacco, the Hong Kong government aims to recover taxes and strengthen the effectiveness of its overall tobacco reduction policy by reducing accessibility to these illicit products.

Implementation and challenges

While these new measures represent an important step towards a smoke-free Hong Kong, their success will depend crucially on their actual implementation. The authorities intend to closely monitor compliance with the new regulations and enforce any penalties that have been adopted for violations. The government intends to present these proposals to the Legislative Council by the end of the year. It hopes for adoption by the Legislative Council by the end of the legislative year.

©Generation Without Tobacco

DT

[1] Tobacco-free generation, Hong Kong's success in total ban on heated tobacco and e-cigarettes, GST, published February 15, 2023, accessed June 10, 2024

[2] The Standard, Total ban on e-cigs may just be a few puffs away, The Standard, published June 6, 2024, accessed June 10, 2024

[3] 20Minutes, Hong Kong to soon ban e-cigarettes, 20Minutes, published June 6, 2024, consulted June 10, 2024

[4] Oxford economics, Illicit Incidence has remained at a broadly stable and high rate of around 28% for the last four years, Oxford economics, published in 2017, accessed June 10, 2024