Hong Kong – First Anniversary of One Year in the Effective Safeguarding of Public Health through the Banning of Alternative Smoking Products (“ASP”)

The Smoking (Public Health) Ordinance (Cap. 371) of the Law of Hong Kong was amended with effect from the 30 April 2022 to establish the offence of importing, promoting, manufacturing and selling or processing ASPs for commercial purposes.  Offenders have been liable for HK$50,000 fine and imprisonment term of 6 months.

This significant result followed tough negotiations through the economic downturn and COVID-19 and has demonstrated the determination of the Government to implement tobacco control resisting very substantial pressure from commercial interests involved.

In the one year period since 30 April 2022, it has been established that e-cigarette smokers had developed significant levels of inducible nitric oxide synthase establishing a greater inflammatory lung response in e-cigarette smokers with a marked propensity to lead to smoking-related lung diseases including cancer and chronic obstructive pulmonary disease.

Consistent furthermore with the overall direction of government policy the tax upon sales of tobacco with particular reference to cigarettes has been increased consistent with the HKSAR Government gradual moves towards an ultimate goal of creating tobacco-free Hong Kong.