Hong Kong's success in total ban on heated tobacco and e-cigarettes

February 15, 2023

Par: National Committee Against Smoking

Dernière mise à jour: August 6, 2024

Temps de lecture: 10 minutes

Le succès de Hong Kong dans l’interdiction totale du tabac chauffé et des cigarettes électroniques

The Hong Kong government has committed to reducing smoking prevalence to 7.8% by 2025, as part of a strategic action plan to prevent and control non-communicable diseases. To achieve this, the territory has decided to prevent any new nicotine products from entering the local market by banning the importation, manufacture, distribution, sale and advertising of new tobacco and nicotine products such as heated tobacco products and e-cigarettes.[1].

More than 30 countries worldwide regulate heated tobacco products by banning their sale and importation. The ban on new tobacco and nicotine products is consistent with the provisions of the WHO Framework Convention, the application of which has been extended to Hong Kong since 2006.

The Hong Kong model of tobacco control

Since the promulgation of the Smoking Ordinance in 1982, the Hong Kong Special Administrative Region (HKSAR) Government has adopted a progressive and multifaceted approach to reduce tobacco use and the widespread harm it causes to public health. This approach includes regulation, taxation, education and smoking cessation services, in line with the Framework Convention and the WHO MPOWER measures,

The prevalence of smoking in Hong Kong has thus gradually decreased from 23.3 % in 1982 to 9.5% in 2021.[2]. In October 2022, the Hong Kong SAR reiterated its commitment to reduce smoking prevalence to 7.8% by 2025 and is currently preparing a tobacco control roadmap to be released in 2023 to seek civil society views on further reducing smoking prevalence. The government's goal is to embark on a comprehensive strategy to achieve a tobacco-free generation in the near future, with four main directions:

(1) An expansion of smoke-free spaces to further reduce public exposure to second-hand smoke;

(2) reducing the appeal of tobacco products;

(3) increasing the legal age of sale of cigarettes; and

(4) Strengthening cessation support services. The government has recently established new health centres in each of Hong Kong's 18 districts. The focus is on preventing non-communicable diseases and modifiable risk factors, particularly smoking, for which cessation care provision is being expanded.

Hong Kong has been a leader in implementing effective tobacco control measures in the past. Banning new products from the market is one of the notable successes. In the early 1980s, the government had already introduced a law banning chewing tobacco when it first appeared in the territory. Nicotine is regulated as a poison and products containing nicotine, not associated with a tobacco product (nicotine substitutes, e-cigarettes, etc.) had to be registered with the Pharmacy and Poisons Board of Hong Kong before being sold or distributed. This strict control of nicotine has prevented certain products, such as nicotine pouches, from entering the local market as consumer products.[3].

The long process of banning new tobacco and nicotine products

In February 2019, the Hong Kong SAR introduced the Tobacco Control Bill which aimed to prohibit the importation, manufacture, distribution, sale and advertising of new tobacco and nicotine products such as heated tobacco products, e-cigarettes and herbal cigarettes. A committee was subsequently formed on 1 March 2019 to review the bill and a public hearing was held by the committee to gather views from stakeholders and the general public. 67 written submissions from 151 organisations and individuals were received.

However, consideration of the bill was significantly delayed in 2020 and 2021 due to the coronavirus pandemic and was resumed by a new committee in late 2021.

While Committee members were unanimous on the need for a total ban on e-cigarettes, the debate on the draft amendments focused mainly on heated tobacco products, particularly because of the tobacco industry's interference in the decision-making process. Many members suggested a total ban on heated tobacco, but some members, echoing the tobacco industry's arguments, argued that heated tobacco should not be completely banned and subject to a separate regulatory regime. The scientific evidence on the risks associated with the use of heated tobacco presented by the Food and Health Bureau led the Committee to adopt, on 21 October 2021, by a vote of 32 in favour, 3 against and 2 abstentions, the ban on the importation, manufacture, sale, distribution and advertising of all new tobacco and nicotine products, such as heated tobacco, e-cigarettes and herbal cigarettes. The Tobacco (Public Health) Amendment Ordinance 2021, completely banning new tobacco and nicotine products came into force on 30 April 2022.

For the Southeast Asia Tobacco Control Alliance (SEATCA), the passage of the bill and the promulgation of the ordinance mark an important milestone in the fight against tobacco use in Hong Kong. The organization considers it a major achievement for public health, the result of a collective effort by the government, legislators, researchers, civil society, health stakeholders and the general public.

Tobacco industry interference in the process

The tobacco industry has attempted to exert influence on legislators and government officials. It has circulated dossiers highlighting its objections to the bill, including claims that the new products are a “safer choice” or “help people quit smoking.” During the bill’s consideration, the tobacco industry has also exerted constant pressure on the government through intimidating letters from their lawyers, etc., in an attempt to delay or even block the decision-making process. One legislator told SEATCA that he had never witnessed such intense lobbying in the Legislative Council on any issue, health or otherwise. It has also attacked members of the government, including the Minister of Health, on social media through third parties.

The tobacco industry, particularly Philip Morris, also called on third parties to defend its interests and relay its positions, including communication agencies, think tanks and certain media. The aim was to try to make people believe that there was a debate on this issue of new tobacco and nicotine products, and that many people contested the relevance of the government's bill.[4].

The tobacco industry has also mobilized its stakeholders to send the government "standard" letters opposing the bill, for example the American think-tank, the R Street Institute, funded by Altria (Philip Morris) which sent a letter[5] to the Hong Kong government and lawmakers, asking them not to ban e-cigarettes and heated tobacco, stating that " There is no justification for denying smokers who cannot or will not quit the opportunity to switch to a much less risky product. " The letter states that the government should do everything possible to promote these products and that the regulations surrounding these products risk " to have harmful consequences " including continued smoking and increased mortality.

The role of civil society in the adoption of the bill

The government, however, has been able to count on strong support from civil society. In addition to medical and health professionals, the government has also received significant support from the Federation of Parents' Associations and the Lok Sin Tong Benevolent Society, which conducted a series of surveys showing that a large majority of parents (82 %) and young people (90 %) supported banning all new tobacco and nicotine products. A survey of over 100 primary and secondary schools and kindergartens in different districts of Hong Kong showed that 75 % of the participating parents not only supported banning the importation, manufacture and sale of new tobacco and nicotine products, but also banning the consumption of these products. Despite pressure from the tobacco industry, the broad public support provided a solid basis for the bill's passage.

Some anti-smoking associations, including the Asian Consultancy on Tobacco Control, have pointed out the conflicts of interest of some politicians, members of the committee who were obstructing the bill. They had close links, particularly financial, with the tobacco industry. In general, the organization warned in a letter sent to the secretary of the Food and Health Bureau, on the fact that " Very few, if any, policy makers appear to be taking into account their obligations under Article 5.3 of the World Health Organization Framework Convention on Tobacco Control (WHO FCTC), to which Hong Kong, through China, is a Party.e”. This article of the international treaty and its implementing guidelines determine the procedures to be followed to protect public policies from the tobacco lobby and this for all public decision-makers.

Countries around the world are facing the challenge of new tobacco products that are being heavily lobbied by the tobacco and vaping industries. The battle to ban new tobacco products in Hong Kong has been a years-long affair, and according to SEATCA, no country can expect such a ban to be an easy one. However, it is vital that governments around the world take action and oppose the tobacco industry lobby in the interest of public health, particularly that of young people.

Keywords: Hong Kong, heated tobacco, e-cigarettes, new products, ban, lobby, interference, Philip Morris, civil society

©Tobacco Free Generation

AE


[1] Sophia Chan, Judith Mackay, Success and challenge of banning new tobacco products: Hong Kong's experience, SEATCA, published December 2022, accessed February 7, 2023

[2] Generation without tobacco, Hong Kong: Low mortality linked to low tobacco consumption, published on September 9, 2021 consulted on February 7, 2023

[3] V. Lai, H. Tong, LT Leung, SY Ho, TH Lam, Will heated tobacco products be banned in Hong Kong?, The Union, August 13, 2021, accessed February 7, 2023

[4] HK TVB. Straight Talk. Debate on ban on new products with Judith Mackay and Philip Morris General Manager Brett Cooper. 20 March 2019. Reported on 25 March 2019 in Hong Kong Buzz. https://hongkongbuzz.hk/2019/03/sai-kungscampaigning-doctor-blasts-big-tobacco-and-other-commercial-opposition-to-improved-public-health

[5] Letter to Hong Kong Chief Executive, President of Legislative Council, Secretary for Food and Health, and Deputy Secretary. Feb 28, 2019. https://www.rstreet.org/wp-content/uploads/2019/03/Wade-Bates-HongKong-ANDS-Ban.pdf

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