Cap. 371 - Smoking (Public Health) Ordinance

To prohibit smoking in certain places; to provide for the display of a health warning and other information on packets or retail containers of conventional smoking products; to restrict the advertising of smoking products; to restrict the sale, giving or promotion of conventional smoking products; to prohibit the manufacture or sale, and to restrict the giving, possession or promotion, of alternative smoking products; to provide for the appointment, powers and duties of inspectors for the enforcement of certain provisions of this Ordinance; and to provide for incidental and related matters. (Amended 91 of 1994 s. 2; 21 of 2006 s. 3; 39 of 2021 s. 3; 16 of 2023 s. 5) [13 August 1982] L.N. 314 of 1982(Format changes—E.R. 1 of 2012) Part 1 Preliminary 1. Short title This Ordinance may be cited as the Smoking (Public Health) Ordinance. 2. Interpretation (1) In this Ordinance, unless the context otherwise requires— (Amended 39 of 2021 s. 4)activated (已啟動)—see subsection (2); (Added 39 of 2021 s. 4)advertisement (廣告) means any announcement to the public made or to be made in any manner;aerosol (氣霧) means—(a) any gas;(b) any solid particles, or liquid, suspended in air; or(c) any mixture of the substances mentioned in paragraphs (a) and (b);Note—Smoke is a form of aerosol as defined above. (Added 39 of 2021 s. 4)alternative smoking product (另類吸煙產品) means a product set out in Part 2 of Schedule 7; (Added 39 of 2021 s. 4) amusement game centre (遊戲機中心) means— (a) an amusement game centre within the meaning of section 2(1) of the Amusement Game Centres Ordinance (Cap. 435); (b) any place that is the subject of an order under section 3(1)(a) of that Ordinance; or (c) any area that is specified in an order under section 3(1)(b) of that Ordinance; (Replaced 21 of 2006 s. 4) approved institution (核准院舍) means an approved institution within the meaning of section 2(1) of the Probation of Offenders Ordinance (Cap. 298); (Added 21 of 2006 s. 4)bar (酒吧) means any place that is exclusively or mainly used for the sale and consumption of intoxicating liquors as defined in section 53(1) of the Dutiable Commodities Ordinance (Cap. 109); (Added 21 of 2006 s. 4) bathhouse (浴室) means a bathhouse— (a) that is within the meaning of section 3(1) of the Commercial Bathhouses Regulation (Cap. 132 sub. leg. I); and (b) in respect of which a licence granted under that Regulation is in force; (Added 21 of 2006 s. 4) bathing beach (泳灘) means any bathing beach specified in the Fourth Schedule to the Public Health and Municipal Services Ordinance (Cap. 132); (Added 21 of 2006 s. 4)brand (牌子), except in section 14(3), includes a brand product, that is to say a variety of a brand marketed as having qualities differing from another variety of that brand;cease (停止), in relation to a smoking act—see subsection (3); (Added 39 of 2021 s. 4)child care centre (幼兒中心) means a child care centre within the meaning of section 2(1) of the Child Care Services Ordinance (Cap. 243); (Added 21 of 2006 s. 4)cigar (雪茄) means tobacco rolled up in tobacco, in such form as to be capable of immediate use for smoking, but does not include any alternative smoking product; (Added 91 of 1994 s. 3. Amended 39 of 2021 s. 4)cigarette (香煙) means tobacco rolled up in paper or in any other material except tobacco, in such form as to be capable of immediate use for smoking, but does not include any alternative smoking product; (Amended 39 of 2021 s. 4)cigarette tobacco (香煙煙草) means tobacco packaged as being suitable for the making by the purchaser of cigarettes for the purchaser’s own use, but does not include any alternative smoking product; (Amended 39 of 2021 s. 4) cinema (電影院), theatre (劇院) and concert hall (音樂廳) mean— (a) any building or part of a building used primarily as a cinema, theatre or concert hall, as the case may be, whether or not it is being so used at the material time, other than the premises of any club, association or other body in which films are exhibited, or plays or music performed for the benefit primarily of the members thereof and their guests; (b) any place of public entertainment licensed under the Places of Public Entertainment Ordinance (Cap. 172) while open to the public on account of any concert, stage play, stage performance or other musical, dramatic or theatrical entertainment or any cinematograph display; (Added 9 of 1992 s. 2) conventional smoking product (傳統吸煙產品) means any cigarette, cigarette tobacco, cigar or pipe tobacco; (Added 39 of 2021 s. 4) correctional facility (懲教機構) means— (a) any of the sites and buildings specified in the Schedule to the Prisons Order (Cap. 234 sub. leg. B); (b) any of the buildings specified in the Schedule to the Prisons (Hostel) Order (Cap. 234 sub. leg. C); or (c) an addiction treatment centre within the meaning of section 2 of the Drug Addiction Treatment Centres Ordinance (Cap. 244); (Added 21 of 2006 s. 4) deactivate (熄掉)—see subsection (4); (Added 39 of 2021 s. 4)domestic premises (住宅) means any premises that have been constructed to be used, and are used, as a private dwelling; (Added 21 of 2006 s. 4)escalator (自動梯) means an escalator as defined by section 2(1) of the Lifts and Escalators Ordinance (Cap. 618); (Replaced 8 of 2012 ss. 156 & 160)Government Chemist (政府化驗師) has the meaning given by section 2 of the Evidence Ordinance (Cap. 8); (Added 39 of 2021 s. 4) hospital (醫院) means any establishment for the care of the sick, injured or infirm or those who require medical treatment— (Amended 34 of 2018 s. 181) (a) for which a licence for a hospital within the meaning of the Private Healthcare Facilities Ordinance (Cap. 633) under that Ordinance is in force; or (Replaced 34 of 2018 s. 181 and E.R. 5 of 2018) (b) whether or not it is—(i) a public hospital (as defined by section 2(1) of the Hospital Authority Ordinance (Cap. 113)); or(ii) The Chinese Medicine Hospital of Hong Kong (as defined by section 2(5) of The Chinese Medicine Hospital of Hong Kong Ordinance (Cap. 655)); (Added 21 of 2006 s. 4. Replaced 15 of 2025 s. 3. Amended E.R. 2 of 2025) indoor (室內) means— (a) having a ceiling or roof, or a cover that functions (whether temporarily or permanently) as a ceiling or roof; and (b) enclosed (whether temporarily or permanently) at least up to 50% of the total area on all sides, except for any window or door, or any closeable opening that functions as a window or door; (Added 21 of 2006 s. 4) inspector (督察) means an inspector appointed under section 15F; (Added 21 of 2006 s. 4) karaoke establishment (卡拉OK場所) means— (a) a karaoke establishment within the meaning of section 2(1) of the Karaoke Establishments Ordinance (Cap. 573); or (b) a karaoke establishment referred to in section 3(1) of that Ordinance; (Added 21 of 2006 s. 4) mahjong-tin kau premises (麻將天九耍樂處所) means any premises that are licensed under section 22 of the Gambling Ordinance (Cap. 148) for— (a) the playing therein of games in which mahjong tiles are used; or (b) the playing therein of games in which tin kau tiles are used; (Added 21 of 2006 s. 4) manager (管理人), in relation to a no smoking area or a public transport carrier, means— (a) any person who is responsible for the management or is in charge or control of the no smoking area or public transport carrier, and includes an assistant manager and any person holding an appointment analogous to that of a manager or assistant manager; or (b) in the case where there is no such person in relation to any premises, the owner of the premises; (Replaced 21 of 2006 s. 4) massage establishment (按摩院) means a massage establishment— (a) that is within the meaning of section 2 of the Massage Establishments Ordinance (Cap. 266); and (b) in respect of which a licence granted under that Ordinance is in force; (Added 21 of 2006 s. 4) maternity home (留產院) means any premises used or intended to be used for the reception of pregnant women or of women immediately after childbirth— (a) (Repealed 34 of 2018 s. 181) (b) whether or not it is a maternity home that is run as part of a public hospital within the meaning of section 2(1) of the Hospital Authority Ordinance (Cap. 113), or managed or controlled by the Hospital Authority established under that Ordinance; (Added 21 of 2006 s. 4) newspaper (報刊), local newspaper (本地報刊) and printed document (印刷文件) have the same meaning as in the Registration of Local Newspapers Ordinance (Cap. 268); (Amended 15 of 1987 s. 19)nicotine yield (尼古丁量) means the nicotine yield per cigarette rounded off to one decimal place and expressed in milligrams; (Added 93 of 1997 s. 2)no smoking area (禁止吸煙區) means an area designated as a no smoking area under section 3; (Replaced 9 of 1992 s. 2. Amended 93 of 1997 s. 2; 21 of 2006 s. 4)pipe (煙斗) means a receptacle or other device designed for use for smoking tobacco in a form other than as a cigarette or cigar, but does not include any alternative smoking product; (Added 91 of 1994 s. 3. Amended 39 of 2021 s. 4)pipe tobacco (煙斗煙草) means tobacco packaged as being suitable for smoking in a pipe, but does not include any alternative smoking product; (Added 91 of 1994 s. 3. Amended 39 of 2021 s. 4) place of detention (拘留地方) means— (a) a place of detention specified in Schedule 2 to the Immigration (Places of Detention) Order (Cap. 115 sub. leg. B); or (b) a place of detention within the meaning of section 2(1) of the Juvenile Offenders Ordinance (Cap. 226); (Added 21 of 2006 s. 4) place of refuge (收容所) means a place of refuge within the meaning of section 2 of the Protection of Children and Juveniles Ordinance (Cap. 213); (Added 21 of 2006 s. 4)proof of identity (身分證明文件) means proof of identity for the purposes of Part IVA of the Immigration Ordinance (Cap. 115);public lift (公共升降機) means a lift to which the public have access and includes any lift giving access to separately occupied flats, offices or other units of accommodation and a hotel lift; public place (公眾地方) means— (a) any place to which for the time being the public are entitled or permitted to have access, whether on payment or otherwise; or (b) a common part of any premises notwithstanding that the public are not entitled or permitted to have access to that common part or those premises; (Added 21 of 2006 s. 4) public pleasure ground (公眾遊樂場地) means a public pleasure ground within the meaning of section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132); (Added 21 of 2006 s. 4)public swimming pool (公眾泳池) means a public swimming pool within the meaning of section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132); (Added 21 of 2006 s. 4)public transport carrier (公共交通工具) means any public bus, public light bus, taxi, train, light rail vehicle, car, tramcar or ferry vessel mentioned in Schedule 1; (Added 9 of 1992 s. 2. Amended 21 of 2006 s. 4)publish (刊登) in relation to an advertisement means making known an advertisement in any manner;queue (輪候) means to wait in a line of 2 or more persons; (Added 39 of 2025 s. 41)reformatory school (感化院) means a reformatory school within the meaning of section 2 of the Reformatory Schools Ordinance (Cap. 225); (Added 21 of 2006 s. 4)regulations (規例) means regulations under section 18; residential care home (院舍) means— (a) a residential care home as defined by section 2(1) of the Residential Care Homes (Elderly Persons) Ordinance (Cap. 459); or (Amended 12 of 2023 s. 112) (b) a residential care home for PWDs as defined by section 2(1) of the Residential Care Homes (Persons with Disabilities) Ordinance (Cap. 613); (Replaced 12 of 2011 s. 29. Amended 12 of 2023 s. 112) restaurant premises (食肆處所) means any premises on or from which there is carried on— (a) a factory canteen or restaurant within the meaning of section 31(2) of the Food Business Regulation (Cap. 132 sub. leg. X); or (b) any other trade or business the purpose of which is for the sale or supply of meals or unbottled non-alcoholic drinks (including Chinese herb tea) for human consumption on the premises (whether or not it is carried on by a person who is the holder of a licence under the Hawker Regulation (Cap. 132 sub. leg. AI)); (Added 21 of 2006 s. 4) retail container (零售盛器)— (a) in relation to any cigarette, means a container suitable for the retail marketing of cigarette packets; or (b) in relation to any cigar, pipe tobacco or cigarette tobacco, means a container suitable for the retail marketing of cigar, pipe tobacco or cigarette tobacco; (Replaced 21 of 2006 s. 4) sale, sell (出售、售賣、銷售、售) includes the disposal by barter or raffling but excludes the disposal of confiscated cigarettes without health warnings through auctions by the Government; (Added 93 of 1997 s. 2)school (學校) means a school within the meaning of section 3 of the Education Ordinance (Cap. 279); (Added 21 of 2006 s. 4)Secretary (局長) means the Secretary for Health; (Replaced L.N. 106 of 2002. Amended L.N. 130 of 2007; L.N. 144 of 2022)smoking (吸煙、吸用) means inhaling and expelling—(a) in relation to a conventional smoking product—the smoke of tobacco generated from the product; or(b) in relation to an alternative smoking product—the aerosol generated by or from the product; (Added 39 of 2021 s. 4)smoking act (吸煙行為) means smoking or carrying—(a) a lighted cigarette, cigar or pipe; or(b) an activated alternative smoking product;Note—See also subsections (2), (3) and (4). (Added 39 of 2021 s. 4)smoking product (吸煙產品) means—(a) a conventional smoking product; or(b) an alternative smoking product; (Added 39 of 2021 s. 4)smoking product advertisement (吸煙產品廣告)—see section 14; (Added 39 of 2021 s. 4) specified clinic or health centre (指明診所或健康中心) means a clinic or health centre that— (a) is managed or controlled, whether wholly or partly, by the Government, the Hospital Authority or the Board of Governors of The Prince Philip Dental Hospital; and (b) falls within a type of clinic or a type of health centre (whichever is applicable) specified under subsection (7); (Added 39 of 2025 s. 41) specified educational establishment (指明教育機構) means any establishment specified in section 2 of the Education Ordinance (Cap. 279); (Added 21 of 2006 s. 4)stadium (體育場) means—(a) a stadium as defined by section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132);(b) the Kai Tak Stadium, located at 38-39 Shing Kai Road, Kowloon; or(c) the Kai Tak Youth Sports Ground, located at 38-39 Shing Kai Road, Kowloon; (Replaced 39 of 2025 s. 41)tar yield (焦油量) means the tar yield per cigarette rounded off to the nearest milligram; (Added 93 of 1997 s. 2)trade mark (商標) has the same meaning as in section 3 of the Trade Marks Ordinance (Cap. 559); (Added 93 of 1997 s. 2. Amended 35 of 2000 s. 98)treatment centre (治療中心) means a treatment centre within the meaning of section 2 of the Drug Dependent Persons Treatment and Rehabilitation Centres (Licensing) Ordinance (Cap. 566); (Added 21 of 2006 s. 4) workplace (工作地方) means a place— (a) that is occupied for conducting a business or non-profit making undertaking; and (b) in which natural persons work in the course of any self-employment, employment or engagement (whether for income or not), including any part of the place that is set aside for use by those persons during any interval for taking a meal or rest. (Added 21 of 2006 s. 4) (Amended 9 of 1992 s. 2; 91 of 1994 s. 3; 21 of 2006 s. 4; E.R. 1 of 2013; 39 of 2021 s. 4)(2) An alternative smoking product is activated if any process, such as combustion or heating, is taking place for generating an aerosol by or from the product. (Added 39 of 2021 s. 4)(3) A person ceases a smoking act—(a) in relation to a lighted cigarette, cigar or pipe, if the person extinguishes it; or(b) in relation to an activated alternative smoking product, if the person deactivates it. (Added 39 of 2021 s. 4)(4) A person deactivates an activated alternative smoking product if the person stops the process mentioned in subsection (2) in relation to the product. (Added 39 of 2021 s. 4)(5) A reference in this Ordinance to marketing in relation to a smoking product includes marketing outside Hong Kong. (Added 39 of 2021 s. 4)(6) A note in the text of this Ordinance is for information only and has no legislative effect. (Added 39 of 2021 s. 4)(7) The Director of Health may, by notice published in the Gazette, specify a type of clinic or a type of health centre for the purposes of the definition of specified clinic or health centre in subsection (1). (Added 39 of 2025 s. 41)(8) A notice referred to in subsection (7) is not subsidiary legislation. (Added 39 of 2025 s. 41) Part 2 No Smoking Areas 3. Prohibition on smoking in certain designated areas (1) The areas described in Division 1 of Part 1 of Schedule 2 are designated as no smoking areas. (Replaced 21 of 2006 s. 5. Amended 39 of 2025 s. 42)(1AAA) Moreover, an area—(a) that is a public place; and(b) that lies within 3 m from the outer edge of a doorway, gateway, or any other similar opening for access, that is exclusively used for access to or from any premises described in Division 2 of Part 1 of Schedule 2,is, to the extent that it is not an area described in Division 1 of that Part, also designated as a no smoking area. (Added 39 of 2025 s. 42)(1AA) Subsections (1) and (1AAA) do not apply to the exempt areas described in Part 2 of Schedule 2. (Added 21 of 2006 s. 5. Amended 39 of 2025 s. 42)(1AAB) The Secretary may, by notice published in the Gazette, designate an area as a no smoking area. (Added 39 of 2025 s. 42)(1AAC) In making the designation, the Secretary may do all or any of the following—(a) impose a time limit on the designation by specifying the limit in the notice;(b) impose a condition on the designation by specifying the condition in the notice;(c) give an exemption in respect of the designation by specifying the exemption in the notice. (Added 39 of 2025 s. 42)(1AB) The Director of Health may, by notice published in the Gazette, designate as a no smoking area the whole or a part of—(a) any area that consists of the termini of 2 or more modes of public transport and is used for effecting and facilitating interchange between them; or(b) any bus terminus of more than one specified route as defined in section 2 of the Public Bus Services Ordinance (Cap. 230). (Added 21 of 2006 s. 5)(1A)-(1C) (Repealed 21 of 2006 s. 5)(2) No person may do a smoking act in a no smoking area. (Amended 39 of 2021 s. 5)(2A) Subsection (2) does not prevent a person from smoking or carrying a lighted cigarette, cigar or pipe if he is exempt from that subsection under Schedule 5. (Added 21 of 2006 s. 5)(3) If there is a manager for a no smoking area, the manager or any person authorized in that behalf by any such manager may, in respect of any person who appears to be contravening subsection (2) in the no smoking area— (Amended 39 of 2021 s. 5; 39 of 2025 s. 42)(a) after indicating to the person that the person is doing a smoking act in the no smoking area in contravention of subsection (2), require the person to cease the act; (Replaced 39 of 2021 s. 5)(b) where the person fails to cease the smoking act, require him— (Amended 39 of 2021 s. 5)(i) to give his name and address and to produce proof of identity; and(ii) to leave the no smoking area;(c) where the person fails, as required under paragraph (b)—(i) to give his name and address and to produce proof of identity; or(ii) to leave the no smoking area,remove him from the no smoking area by the use of reasonable force if necessary and detain him and call for the assistance of a police officer to assist in the enforcement of this section.(4) Where a person is, under subsection (3), required to leave a no smoking area, removed from a no smoking area or detained, he shall not be entitled to a refund of any admission fee or money paid by him for entry into the premises or building in which the no smoking area is situated.(5) For the avoidance of doubt, it is declared that subsections (1) and (1AB) apply to any premises that are owned or occupied by, or under the management and control of, the Government. (Added 21 of 2006 s. 5)(Replaced 9 of 1992 s. 3) 4. Prohibition on smoking in public transport carriers (1) No person may do a smoking act in a public transport carrier. (Amended 39 of 2021 s. 6)(2) The driver, conductor, ticket inspector, ticket collector or manager of any public transport carrier or any person authorized in that behalf by the manager may, in respect of any person who appears to be contravening subsection (1) in the public transport carrier— (Replaced 39 of 2021 s. 6)(a) after indicating to the person that the person is doing a smoking act in the public transport carrier in contravention of subsection (1), require the person to cease the act; (Replaced 39 of 2021 s. 6)(b) where the person fails to cease the smoking act, require him— (Amended 39 of 2021 s. 6)(i) to give his name and address and to produce proof of identity; and(ii) to leave the public transport carrier;(c) where the person fails, as required under paragraph (b)—(i) to give his name and address and to produce proof of identity; or(ii) to leave the public transport carrier,remove him from the public transport carrier by the use of reasonable force if necessary and detain him and call for the assistance of a police officer to assist in the enforcement of this section.(3) Where a person is, under subsection (2), required to leave a public transport carrier, removed from a public transport carrier or detained, he shall not be entitled to a refund of any money paid by him for carriage by the public transport carrier.(Replaced 9 of 1992 s. 3) 4A. Prohibition on smoking while queuing to board public transport carriers etc. (1) No person may do a smoking act while—(a) queuing to board a public transport carrier at a designated boarding location; or(b) staying in the delineated area for a designated boarding location, irrespective of whether the person is waiting to board a public transport carrier and whether there is another person in the area.(2) For the purposes of subsection (1)(b), if the boundaries of a designated boarding location are indicated or formed by any ground markings, fences or structures, then the area within the boundaries is a delineated area for the designated boarding location.(3) In this section—designated boarding location (指定登上交通工具地點) means a location that is designated for prospective passengers of a public transport carrier to wait to board the carrier. Example— (a) a taxi stand; and (b) a bus stop. (Added 39 of 2025 s. 43) 4B. Prohibition on smoking while queuing to enter certain places No person may do a smoking act—(a) while queuing to enter a place described in Schedule 9; or(b) while queuing within such a place.(Added 39 of 2025 s. 43) 5. (Repealed 21 of 2006 s. 6) 6. (Repealed 9 of 1992 s. 4) 6A. (Repealed 21 of 2006 s. 7) 7. Offences under Part 2 (1) Any person who contravenes section 3, 4, 4A or 4B commits an offence and is liable on summary conviction to a fine at level 3. (Amended E.R. 5 of 2021)(2) Any person who fails to give his name and address or to produce proof of identity when required to do so under section 3(3) or 4(2) or who then gives a false or misleading name or address commits an offence and is liable on summary conviction to a fine at level 4.(3)-(4) (Repealed 21 of 2006 s. 8)(5) If—(a) a person is charged with an offence under subsection (1) for doing a smoking act in a no smoking area in contravention of section 3(2); and(b) the no smoking area is one designated under section 3(1AAA) in respect of a doorway, gateway or any other similar opening for access as described in section 3(1AAA),then in any proceedings for the offence, it is a defence for the person charged to establish that, at the time of the contravention, he or she did not know and had no reason to suspect the existence of the doorway, gateway or opening. (Added 39 of 2025 s. 44)(6) A person is taken to have established a matter that needs to be established for a defence under subsection (5) if—(a) there is sufficient evidence to raise an issue with respect to that matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt. (Added 39 of 2025 s. 44)(Amended 9 of 1992 s. 5; 93 of 1997 s. 5; E.R. 1 of 2012; 39 of 2025 s. 44) Part 3 Sales of Conventional Smoking Products (Replaced 91 of 1994 s. 5. Amended 39 of 2021 s. 7) 8. Sales of conventional smoking products (Amended 39 of 2021 s. 8)(1) No person shall sell, offer for sale or possess for the purposes of sale any cigarettes unless—(a) they are in a packet of at least 20 sticks; and(b) the packet thereof and, if the packet is within a retail container, the container also, bear in the prescribed form and manner—(i) a health warning;(ii) the tar and nicotine yields. (Replaced 93 of 1997 s. 6)(2) Nothing in this section or in section 8A or 9 shall apply to anything done in relation to cigarettes, cigarette tobacco, cigars or pipe tobacco which are held— (Amended 9 of 1992 s. 6; 91 of 1994 s. 6)(a) in bond; or(b) by a manufacturer of conventional smoking products, (Amended 39 of 2021 s. 8)for export from Hong Kong. 8A. Prohibition on sale of cigarette with a tar yield exceeding 17 milligrams (1) No person shall sell, offer for sale or possess for the purposes of sale any cigarette containing an amount of tar exceeding 17 milligrams.(2) A certificate purporting to be under the hand of the Government Chemist and stating that a cigarette contains an amount of tar exceeding 17 milligrams shall be evidence of the facts stated in the certificate as at the date of such certificate and shall be received in evidence without further proof.(Added 9 of 1992 s. 7. Amended 93 of 1997 s. 7) 8B. Prohibition on sale of conventional smoking products from a vending machine (Amended 39 of 2021 s. 9)No person shall sell or offer for sale any conventional smoking product from a vending machine.(Added 93 of 1997 s. 8. Amended 39 of 2021 s. 9) 9. Sale of cigar, pipe tobacco or cigarette tobacco No person shall sell, offer for sale or possess for the purposes of sale any cigar, pipe tobacco or cigarette tobacco unless it is in a retail container that bears a health warning in the prescribed form and manner.(Replaced 91 of 1994 s. 7. Amended 21 of 2006 s. 10) 10. Offences under Part 3 (1) Any person who contravenes section 8, 8A, 8B or 9 commits an offence and is liable on summary conviction to a fine at level 5. (Amended 93 of 1997 s. 9; 21 of 2006 s. 11)(1A) In any proceedings for a contravention of section 8A it shall be a defence for the person charged to establish that he did not know and had no reason to believe that any cigarette to which the proceedings relate contained an amount of tar exceeding 17 milligrams. (Added 9 of 1992 s. 8. Amended 39 of 2025 s. 75)(1B) A person is taken to have established a matter that needs to be established for a defence under subsection (1A) if—(a) there is sufficient evidence to raise an issue with respect to that matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt. (Added 39 of 2025 s. 75)(2) Any manufacturer of cigarettes or his agent and any wholesale distributor of cigarettes who sells, offers for sale or possesses for the purpose of sale any cigarettes to which section 8 applies which have on their packet or retail container a tar yield or nicotine yield which, having regard to any determination under section 16 and the regulations, is incorrect, commits an offence and is liable on summary conviction to a fine at level 5. (Amended 21 of 2006 s. 11)(3) Any manufacturer of conventional smoking products or his agent, or any wholesale distributor of conventional smoking products, who sells, offers for sale or possesses for the purpose of sale any conventional smoking product to which section 8 or 9 applies commits an offence if any packaging of the product (including any packet, retail container, wrapping, and any label attached to or printed on the packaging or the product)— (Amended 39 of 2021 s. 10)(a) bears any term, descriptor, trade mark, figurative or any other sign that is likely to create an erroneous impression that the product is less harmful to health than other conventional smoking products the packaging of which does not bear such term, descriptor, trade mark, figurative or sign; or (Amended 39 of 2021 s. 10)(b) promotes the product by any means that is false, misleading, deceptive or likely to create an erroneous impression about its characteristics, health effects, hazards or emissions. (Replaced 21 of 2006 s. 11)(4) A person who commits an offence under subsection (3) is liable on summary conviction to a fine at level 5. (Added 21 of 2006 s. 11)(Amended 9 of 1992 s. 8; 93 of 1997 s. 9; E.R. 1 of 2012) 10A. Seizure and forfeiture (1) A person holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap. 342) may without warrant seize, remove and detain for the purpose of proceedings under this Part—(a) any packet or retail container of cigarettes, cigarette tobacco, cigars or pipe tobacco— (Amended 91 of 1994 s. 8)(i) which does not bear a health warning or, where required, the tar and nicotine yields, in the form and manner required by section 8 or 9; or(ii) which that person reasonably suspects may contain any cigarette containing an amount of tar exceeding 17 milligrams; (Replaced 9 of 1992 s. 9. Amended 93 of 1997 s. 10)(aa) any packet of cigarettes which contains less than 20 sticks of cigarettes; (Added 93 of 1997 s. 10)(b) the contents of such packet or container;(c) any receptacle in which such packet or container is contained;(ca) any vending machine or conventional smoking product in connection with an offence under section 8B; (Added 93 of 1997 s. 10. Amended 39 of 2021 s. 11)(d) anything which appears to that person to be evidence of an offence under this Part.(1A) A person holding an office specified in Schedule 1 to the Customs and Excise Service Ordinance (Cap. 342) may without warrant seize, remove and detain for the purpose of proceedings under this Part—(a) any cigarette not contained in any packet or retail container whether or not referred to in subsection (1)(a) and which that person reasonably suspects may contain an amount of tar exceeding 17 milligrams; (Amended 93 of 1997 s. 10)(b) any receptacle in which such cigarette is contained;(c) anything which appears to that person to be evidence of an offence under this Part. (Added 9 of 1992 s. 9)(2) Subject to subsection (4), any article seized under subsection (1) or (1A) may be retained in the custody of the Commissioner of Customs and Excise until either proceedings under this Part are completed or it is decided that no such proceedings shall be brought.(3) For the purposes of section 16 of the Dutiable Commodities Ordinance (Cap. 109) (which relates to obstruction of a member of the Customs and Excise Service) as read with section 46 of that Ordinance, any article seized under subsection (1) or (1A) shall be deemed to have been seized in pursuance of a power conferred by that Ordinance.(4) A magistrate may, on the application of the Commissioner of Customs and Excise, order the forfeiture of any article mentioned in subsection (1)(a), (aa), (b), (c) or (ca) or (1A)(a) or (b), whether or not any person is convicted of any offence under this Part, on the grounds that an offence under this Part has been committed in relation to such article or that such article may not lawfully be sold or possessed for the purposes of sale in Hong Kong: (Amended 93 of 1997 s. 10) Provided that the magistrate shall not order such forfeiture unless he is first satisfied that all persons with an interest in such article have, in so far as is reasonably practicable, had the opportunity of making representations thereon to the magistrate or that no such persons can, after reasonable inquiry, be found. (5) Any article forfeited under subsection (4) shall be destroyed or disposed of in the same manner as any article forfeited under sections 48, 48A and 48C of the Dutiable Commodities Ordinance (Cap. 109), and the provisions of sections 49 and 50 of that Ordinance shall apply in relation to articles forfeited under subsection (4) as they do to articles forfeited under sections 48, 48A and 48C of that Ordinance. (Amended 70 of 1993 s. 7)(Added 52 of 1983 s. 2. Amended 9 of 1992 s. 9) Part 4 Advertising of Smoking Products (Amended 39 of 2021 s. 12) 11. Smoking product advertisements in printed publications (Amended 39 of 2021 s. 13)(1) No person shall print, publish or cause to be published a smoking product advertisement in a printed publication to which this section applies. (Replaced 93 of 1997 s. 11. Amended 39 of 2021 s. 13)(2) This section applies to—(a) any local newspaper;(b) any printed document printed, published or distributed in Hong Kong. (Replaced 93 of 1997 s. 11)(3) Nothing in this section or section 12 applies in relation to a smoking product advertisement in a printed publication that is published—(a) for the smoking products trade; or(b) as the in-house publication of any company engaged in that trade. (Replaced 39 of 2021 s. 13)(Amended 21 of 2006 s. 13) 12. No display of smoking product advertisement (Amended 39 of 2021 s. 14)(1) No person shall—(a) display or cause to be displayed; or(b) publish or distribute for the purpose of display or cause to be published or distributed for the purpose of display,any smoking product advertisement in writing or other permanent or semi-permanent form.(2)-(3) (Repealed 21 of 2006 s. 14)(4) Subsection (1) does not apply to any smoking product advertisement which— (Amended 39 of 2021 s. 14)(a) is in or upon any premises—(i) of any manufacturer of conventional smoking products or any wholesale dealer dealing in conventional smoking products; and (Replaced 39 of 2021 s. 14)(ii) which are used for the manufacturing of conventional smoking products or for the purpose of dealing by wholesale in conventional smoking products; and(b) is not visible from outside the premises.(5) The advertisement mentioned in subsection (4) is not required to bear a health warning or the tar and nicotine yields.(Replaced 93 of 1997 s. 12. Amended 39 of 2021 s. 14) 13. Prohibition on broadcast of smoking product advertisement by radio or visual images (Amended 39 of 2021 s. 15)No person shall broadcast a smoking product advertisement— (Amended 91 of 1994 s. 12; 39 of 2021 s. 15)(a) by the transmission of sound by means of radio waves; or(b) by the transmission of visual images or sound by wireless or otherwise than by wireless,intended for general reception by members of the public. (Amended 93 of 1997 s. 13)(Replaced 9 of 1992 s. 11) 13A. Prohibition on exhibition of smoking product advertisement by film (Amended 39 of 2021 s. 16)(1) No person shall exhibit a smoking product advertisement by film. (Amended 91 of 1994 s. 13; 39 of 2021 s. 16)(2) In this section exhibit (上映) and film (電影) mean, respectively, exhibit and film within the meaning of section 2 of the Film Censorship Ordinance (Cap. 392).(Added 9 of 1992 s. 11) 13B. Prohibition on placing of smoking product advertisement on the Internet (Amended 39 of 2021 s. 17)(1) No person shall place or cause to be placed a smoking product advertisement on the Internet.(2) For the avoidance of doubt, a holder of a Public Non-Exclusive Telecommunications Service Licence granted under the Telecommunications Ordinance (Cap. 106) shall not be responsible for— (Amended 36 of 2000 s. 28)(a) any content placed on the Internet by a user and made available for the use of another user unless the holder has knowledge of such content and can reasonably be expected to block the use of such content or require amendment of such content; or(b) any such content to which the holder only provides access, including the automatic and temporary storage of such content by the holder due to the request of a user.(3) Subsection (1) shall not apply to any smoking product advertisement which is contained in any private correspondence on the Internet and is not for commercial purposes.(Added 93 of 1997 s. 14. Amended 39 of 2021 s. 17) 14. Meaning of smoking product advertisement (Amended 39 of 2021 s. 18)(1) For the purposes of this Part an advertisement is a smoking product advertisement if it— (Amended 39 of 2021 s. 18)(a) contains any express or implied inducement, suggestion or request to purchase or smoke any smoking product; (Amended 93 of 1997 s. 15)(b) relates to smoking in terms which are calculated, expressly or impliedly, to promote or encourage the use of any smoking product; or (Amended 93 of 1997 s. 15)(c) illustrates or mentions smoking or any smoking products or their packages or qualities. (Added 93 of 1997 s. 15)(1A) Notwithstanding subsection (1)(c), an advertisement is not regarded as a smoking product advertisement if its purpose is to discourage smoking. (Added 93 of 1997 s. 15)(2) Subject to subsections (3) to (5), where—(a) an advertisement; or(b) any object, other than a smoking product, which is displayed to the public, whether for sale or otherwise, in the course of conducting any business or providing any service,includes the name or trade name of any person associated with the marketing of any smoking product, or any trade mark or brand name of a smoking product, or any pictorial device or part thereof commonly associated therewith, then the advertisement or object shall be deemed to be a smoking product advertisement. (Replaced 93 of 1997 s. 15)(3) Subsection (2) shall not apply to any advertisement or object if the name, trade name, trade mark, brand name or pictorial device or part thereof mentioned in that subsection— (Amended 21 of 2006 s. 15)(a) is included exclusively for—(i) a product or service that is not a smoking product or service; or(ii) job recruitment purposes; and(b) does not form a prominent part of the advertisement or object. (Replaced 93 of 1997 s. 15. Amended 21 of 2006 s. 15)(4) If the conditions set out in subsection (4A) are satisfied, subsection (2) shall not apply to any advertisement or object which includes— (Amended 21 of 2006 s. 15)(a) the name of any company or body corporate associated with the manufacture or marketing of any smoking product; or(b) any name identical to the trade name or brand name of any smoking product, in association with any product that is not a smoking product. (Replaced 39 of 2021 s. 18)(4A) The conditions mentioned in subsection (4) are—(a) that the name mentioned in that subsection is included as the sponsor of an event or for congratulating another person or thing on an achievement of, or event relating to, such person or thing;(b) that the name does not form a prominent part of the advertisement or object; and(c) that the advertisement or object does not mention any word or phrase set out in Schedule 8 (including any word or phrase that means the same as, or closely resembles, the word or phrase). (Added 21 of 2006 s. 15)(5) Notwithstanding subsection (2), any accidental or incidental appearance of any smoking product or the trade mark, trade name, brand name or logo of any smoking product where no valuable consideration has been or is intended to be given for such appearance is not a smoking product advertisement. (Added 93 of 1997 s. 15)(6) The display of the following at any premises where conventional smoking products are offered for sale is not a smoking product advertisement— (Amended 39 of 2021 s. 18)(a) one price marker for one type of conventional smoking product offered for sale in the premises that— (Amended 39 of 2021 s. 18)(i) contains only the name and price of that type of conventional smoking product; and(ii) is of a size—(A) not greater than the size of the price marker of any of the products that are not smoking products offered for sale in the premises; and(B) not greater than 50 square centimetres;(b) one price board if—(i) it lists only the names and prices of the conventional smoking products offered for sale in the premises;(ii) it is of a size not greater than 1 500 square centimetres;(iii) each item on the board containing the name and price of one type of conventional smoking product is of a size not greater than 50 square centimetres; and(iv) it bears a health warning in the prescribed form and manner; or(c) in the case of a shop in which nothing except cigars and cigar accessories are offered for sale, 3 sets of catalogues, each listing only the names and prices of the cigars offered for sale in the shop. (Replaced 21 of 2006 s. 15)(Amended 91 of 1994 s. 14; 39 of 2021 s. 18) 14A. Removal and disposal of smoking product advertisement (Amended 39 of 2021 s. 19)(1) An inspector may, without payment for it, remove or cause to be removed any smoking product advertisement or advertising structure in respect of which he reasonably suspects that an offence under this Ordinance has been or is being committed. (Amended 21 of 2006 s. 16)(2) A magistrate may, on an application of the Secretary or an inspector, order the disposal of any advertisement or structure removed under subsection (1), whether or not any person is convicted of any offence under this Ordinance, on the grounds that an offence under this Ordinance has been or is being committed in relation to the advertisement or structure. (Amended 21 of 2006 s. 16)(3) The magistrate shall not order such disposal unless he is first satisfied that all persons with an interest in such advertisement or structure have, in so far as is reasonably practicable, had the opportunity of making representations thereon to the magistrate or that no such persons can, after reasonable inquiry, be found.(4) The Government may recover the costs of the removal or disposal from the proprietor of the brand of smoking product which is mentioned in the removed advertisement or structure or from the owner of the advertisement or structure.(Added 93 of 1997 s. 16. Amended 39 of 2021 s. 19) 15. Offences under Part 4 (1) Any person who contravenes section 11(1), 12(1), 13, 13A or 13B commits an offence and is liable on summary conviction to a fine at level 5 and, in the case of a continuing offence, to a further penalty of $1,500 for each day during which the offence continues. (Amended 9 of 1992 s. 13; 93 of 1997 s. 17; 21 of 2006 s. 17)(2) In any proceedings for a contravention of section 11(1) it shall be a defence for the person charged to establish that the advertisement to which the proceedings relate was printed or published in such circumstances that he did not know and had no reason to believe he was taking part in the printing or publication thereof. (Amended 39 of 2025 s. 76)(3) A person is taken to have established a matter that needs to be established for a defence under subsection (2) if—(a) there is sufficient evidence to raise an issue with respect to that matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt. (Added 39 of 2025 s. 76)(Amended E.R. 1 of 2012) Part 4A Prohibition on Selling or Giving of Conventional Smoking Products (Amended 93 of 1997 s. 18; 39 of 2021 s. 20)(Part 4A added 91 of 1994 s. 15) 15A. Prohibition on selling or giving of conventional smoking products, etc. (Amended 39 of 2021 s. 21)(1) No person shall sell any conventional smoking product to any person under the age of 18 years.(1A) No person may give any conventional smoking product to any person under the age of 18 years. (Added 39 of 2025 s. 47)(2) No person shall, for the purposes of promotion or advertisement, give any conventional smoking product to any person. (Amended 93 of 1997 s. 19)(3) No person shall—(a) sell, offer for sale or give a conventional smoking product to any person in exchange for a token;(b) give to any person a conventional smoking product as a prize in any event or competition;(c) give valuable consideration to any person in order to induce the person to buy a particular conventional smoking product or otherwise to promote the product to the person; (Replaced 39 of 2021 s. 21)(d) sell, offer for sale or possess for the purposes of sale a conventional smoking product which includes or is accompanied by a gift;(e) sell, offer for sale or possess for the purposes of sale a conventional smoking product which includes or is accompanied by a token, stamp or raffle ticket, which may be exchanged for a gift, prize or discount on any product;(f) sell, offer for sale or possess for the purposes of sale a product— (Amended 21 of 2006 s. 18; 39 of 2021 s. 21)(i) that is not a smoking product; and(ii) that includes or is accompanied by a conventional smoking product as a gift;(fa) sell, offer for sale or possess for the purposes of sale a conventional smoking product and a product that is not a smoking product as a single item; or (Added 21 of 2006 s. 18)(g) give to any person any object which contains the name or trade name of any person associated with the marketing of cigarettes, cigarette tobacco, cigars or pipe tobacco or contains any trade mark or brand name of a conventional smoking product or any pictorial device or part thereof commonly associated therewith, and which is intended to be shown in public. (Added 93 of 1997 s. 19. Amended 39 of 2021 s. 21)(Amended 39 of 2025 s. 47) 15B. Display of sign when offering conventional smoking products for sale, etc. (Amended 39 of 2021 s. 22)(1) Any person offering for sale, or promoting the sale, purchase, smoking or use of, cigarettes, cigarette tobacco, cigars or pipe tobacco shall place and keep in place in a prominent position at his premises or at the place of promotion a sign in English and Chinese to indicate that no cigarette, cigarette tobacco, cigar or pipe tobacco may be sold to any person under the age of 18 years or given to any person. (Amended 93 of 1997 s. 20)(2) A sign required by subsection (1) shall be of the prescribed description and shall be maintained in legible condition and good order by the person offering for sale, or promoting the sale, purchase, smoking or use of, cigarettes, cigarette tobacco, cigars or pipe tobacco. 15C. Offences under Part 4A (1) Any person who contravenes section 15A or 15B commits an offence. (Amended 39 of 2025 s. 48)(1A) Subject to subsection (1B), a person who commits an offence under subsection (1) is liable on summary conviction to a fine at level 4. (Added 39 of 2025 s. 48)(1B) If—(a) a person commits an offence under subsection (1) for contravening section 15A(1A); and(b) the aggravating factor does not apply in relation to the offence,the person is liable on summary conviction to a fine at level 3. (Added 39 of 2025 s. 48)(1C) For the purposes of subsection (1B)(b), the aggravating factor applies in relation to an offence mentioned in subsection (1B)(a) if either or both of the conditions under paragraphs (a) and (b) are met—(a) the offence is constituted by one or more of the following acts—(i) the giving of more than 19 sticks of cigarettes to a person under the age of 18 years (underage person);(ii) the giving of—(A) more than one stick of cigar; or(B) a stick of cigar that is more than 25 grams,to an underage person;(iii) the giving of more than 25 grams, in aggregate, of cigarette tobacco or pipe tobacco to an underage person;(b) the person who commits the offence gives—(i) if the offence involves only one conventional smoking product—the product; or(ii) if the offence involves more than one conventional smoking product—any one or more of the products,to an underage person for commercial purposes. (Added 39 of 2025 s. 48)(1D) The Director of Health may, by notice published in the Gazette, amend any figure concerning the quantity or weight of conventional smoking products mentioned in subsection (1C)(a). (Added 39 of 2025 s. 48)(2) It is a defence to—(a) a charge under subsection (1) for selling any conventional smoking product to an underage person in contravention of section 15A(1);

or(b) a charge under subsection (1) for giving any conventional smoking product to an underage person in contravention of section 15A(1A),to establish that at the time the offence is alleged to have been committed, the person charged inspected an identity card or passport purporting to be the identity card or passport of the underage person and believed on reasonable grounds that the underage person was not under the age of 18 years. (Replaced 39 of 2025 s. 48)(3) A person is taken to have established a matter that needs to be established for a defence under subsection (2) if—(a) there is sufficient evidence to raise an issue with respect to that matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt. (Added 39 of 2025 s. 48)(Amended E.R. 1 of 2012) 15D. Interpretation For the purposes of this Part promotion or advertisement (推廣或宣傳) means a promotion or advertisement intended as an inducement to purchase, smoke or encourage the use of cigarettes, cigarette tobacco, cigars or pipe tobacco, whether or not with reference to a particular brand. Part 4AB Prohibition of Alternative Smoking Products (Part 4AB added 39 of 2021 s. 23) 15DA. Prohibition on manufacture or sale, etc. (Amended 16 of 2023 s. 6)(1) No person may—(a) (Repealed 16 of 2023 s. 6)(b) manufacture an alternative smoking product;(c) sell, or offer for sale, an alternative smoking product;(ca) give an alternative smoking product to any person under the age of 18 years (underage person); (Added 39 of 2025 s. 17)(d) give an alternative smoking product to another person—(i) for promotion or advertisement;(ii) in exchange for a token; or(iii) as a prize in any event or competition;(e) possess an alternative smoking product for—(i) the manufacture of any other alternative smoking product;(ii) sale; or(iii) giving it to another person for the purpose mentioned in paragraph (d)(i), (ii) or (iii);(f) give valuable consideration to another person in order to promote to the person an alternative smoking product; or(g) give another person an object that is intended to be shown in public, and that contains—(i) the name or trade name of a person associated with the marketing of alternative smoking products; or(ii) a trade mark or brand name of an alternative smoking product, or a pictorial device, or any part of the device, commonly associated with the trade mark or brand name.(2) A reference to the sale of an alternative smoking product in subsection (1)—(a) includes the sale of any product that includes, or is accompanied by, an alternative smoking product as a gift; and(b) does not include the sale of the product with a view to exporting the product.(3) For the purposes of subsection (1), an act is a promotion or advertisement in relation to a product if the act is a promotion or advertisement intended as an inducement to smoke, or encourage the use of, the product, whether or not a particular brand is mentioned.(4) Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.(5) It is a defence to a charge under subsection (4) for contravening subsection (1)(ca) to establish that at the time the offence is alleged to have been committed, the person charged inspected an identity card or passport purporting to be the identity card or passport of the underage person and believed on reasonable grounds that the underage person was not under the age of 18 years. (Added 39 of 2025 s. 17)(6) A person is taken to have established a matter that needs to be established for a defence under subsection (5) if—(a) there is sufficient evidence to raise an issue with respect to that matter; and(b) the contrary is not proved by the prosecution beyond reasonable doubt. (Added 39 of 2025 s. 17)Note—Export is defined in section 3 of the Interpretation and General Clauses Ordinance (Cap. 1). (Amended 16 of 2023 s. 6) 15DAB. Prohibition on possession of specified alternative smoking products (1) A person who possesses a specified alternative smoking product in a public place commits an offence.(2) For the purposes of subsection (1), a person is presumed to possess a specified alternative smoking product if the person smokes or carries an activated alternative smoking product.(3) Subsection (1) does not apply to a person who—(a) arrives at the Hong Kong International Airport from a place outside Hong Kong; and(b) while in Hong Kong, does not pass through any immigration control.(4) Subsection (1) does not apply in relation to the possession of a specified alternative smoking product by a public officer for performing the officer’s functions.(5) Subdivision 1 of Division 3 of Part IIIA of the Import and Export Ordinance (Cap. 60) (articles in transit and certain transhipment cargoes) has effect in relation to the possession of a specified alternative smoking product as that Subdivision has effect in relation to the import of an alternative smoking product, and for that purpose—(a) a reference in that Subdivision to section 13B of that Ordinance is to be construed as a reference to subsection (1) of this section; and(b) section 13E(3) of that Ordinance is to be disregarded.(6) A person who commits an offence under subsection (1) is liable on summary conviction—(a) if the aggravating factor applies in relation to the offence—to a fine at level 5 and to imprisonment for 6 months; or(b) in any other case—to a fine at level 3.(7) For the purposes of subsection (6)(a), the aggravating factor applies in relation to an offence under subsection (1) if the offence is constituted by one or more of the following acts—(a) the possession of—(i) more than 5 units of a substance that falls within the description of item 1.3 of Part 2 of Schedule 7; or(ii) not more than 5 units but more than 5 ml, in aggregate, of such a substance;(b) the possession of more than 100 units of tobacco that falls within the description of item 2.3 of that Part;(c) the possession of more than 100 rolls of any material that falls within the description of item 3 of that Part.(8) In subsection (7), the reference to a unit of any thing is a reference to a unit in which the thing is packaged.(9) The Director of Health may, by notice published in the Gazette, amend any figure concerning the quantity or volume of specified alternative smoking products mentioned in subsection (7).(10) In this section—specified alternative smoking product (指明另類吸煙產品) means a product set out in item 1.3, 2.3 or 3 of Part 2 of Schedule 7.(Added 39 of 2025 s. 18) 15DB. Liability of officers of bodies corporate, partners and members of unincorporated bodies (1) If a body corporate commits an offence under this Part, and it is proved that the offence— (Amended 39 of 2025 s. 19)(a) was committed with the consent or connivance of a person specified in subsection (2); or(b) is attributable to any neglect on the part of the person,the person also commits the offence.(2) The person referred to in subsection (1) is—(a) a director, manager, secretary or other similar officer of the body corporate; or(b) a person purporting to act in the capacity of a person referred to in paragraph (a).(3) If a partner in a partnership commits an offence under this Part, and it is proved that the offence— (Amended 39 of 2025 s. 19)(a) was committed with the consent or connivance of a person specified in subsection (4); or(b) is attributable to any neglect on the part of the person,the person also commits the offence.(4) The person referred to in subsection (3) is—(a) any other partner in the partnership or any other person concerned in the management of the partnership; or(b) a person purporting to act in the capacity of a person referred to in paragraph (a).(5) If a member of any other unincorporated body commits an offence under this Part, and it is proved that the offence— (Amended 39 of 2025 s. 19)(a) was committed with the consent or connivance of a person specified in subsection (6); or(b) is attributable to any neglect on the part of the person,the person also commits the offence.(6) The person referred to in subsection (5) is—(a) any other member, or any manager, secretary or other similar officer, of the unincorporated body; or(b) a person purporting to act in the capacity of a person referred to in paragraph (a). 15DC. (Repealed 16 of 2023 s. 7) 15DD. (Repealed 16 of 2023 s. 7) 15DE. (Repealed 16 of 2023 s. 7) 15DF. Relationship with Pharmacy and Poisons Ordinance (1) This Part does not limit the Pharmacy and Poisons Ordinance (Cap. 138).(2) If an alternative smoking product is registered as a pharmaceutical product under regulation 36 of the Pharmacy and Poisons Regulations (Cap. 138 sub. leg. A), other provisions of this Part do not apply in relation to the product. 15DG. Enforcement powers of inspectors (1) An inspector may seize, remove or detain any article if the inspector reasonably suspects that—(a) the article is an alternative smoking product; and(b) an offence under this Part has been committed, is being committed or is about to be committed in respect of the article. (Amended 39 of 2025 s. 20)(2) If an inspector reasonably suspects that a person has committed, is committing or is about to commit an offence under this Part, the inspector, to facilitate the enforcement of this Part—(a) may detain the person for a reasonable period;(b) may search the person and the person’s belongings; and(c) may arrest the person without warrant, and take the person to a police station to be dealt with in accordance with the Police Force Ordinance (Cap. 232). (Replaced 39 of 2025 s. 20)(2A) If the person resists, or attempts to evade, a search or arrest effected under subsection (2), the inspector may use any force that is reasonably necessary to effect the search or arrest. (Added 39 of 2025 s. 20)(3) A magistrate may issue a warrant empowering an inspector named in the warrant to at any time enter any place that is neither a public place nor a domestic premises if it appears to the magistrate from information on oath that there is reasonable cause for suspecting that an offence under this Part has been committed, is being committed or is about to be committed in that place. (Amended 39 of 2025 s. 20)(4) In exercising a power under subsection (1) or (2), or under a warrant mentioned in subsection (3), an inspector must, if requested, produce proof of his or her authority as an inspector.(5) This section does not limit section 15G(1)(c), (d), (e), (f), (g) or (h). 15DGA. Recovery of costs and expenses of collecting, analysing or examining alternative smoking products etc. (1) If a person is convicted of an offence under this Part, the court may order the person to pay to the Government a sum the court considers appropriate for the costs and expenses reasonably incurred by the Government in relation to the collection, analysis or examination of—(a) the alternative smoking product concerned; or(b) any other thing,for the criminal proceedings.(2) A sum ordered to be paid under subsection (1) is recoverable as a civil debt.(3) This section does not affect any power conferred on the court under the Costs in Criminal Cases Ordinance (Cap. 492).(Added 39 of 2025 s. 21) 15DH. (Repealed 16 of 2023 s. 7) 15DI. Saving provision relating to Import and Export (Amendment) Ordinance 2023 If an alternative smoking product is imported before the date on which the Import and Export (Amendment) Ordinance 2023 (16 of 2023) (amending Ordinance) comes into operation, this Ordinance as in force immediately before that date continues to apply in relation to the import as if the amendments to this Ordinance made by the amending Ordinance had not been made.(Added 16 of 2023 s. 8) Part 4B Provisions Relating to Inspectors (Part 4B added 21 of 2006 s. 19) 15E. Interpretation of Part 4B In this Part—relevant offence (有關罪行) means any offence under this Ordinance other than an offence under Part 3;relevant provision (有關條文) means any provision of this Ordinance other than a provision of Part 3.(Amended E.R. 1 of 2012) 15F. Appointment of inspectors The Secretary may appoint in writing any public officer to be an inspector to exercise any of the powers and perform any of the duties conferred or imposed on an inspector by this Ordinance. 15G. General powers and duties of inspectors (1) Without limiting any other provisions of this Ordinance, an inspector may, subject to subsections (2) and (3) and on production of his authority as an inspector if requested, do all or any of the following—(a) at any time enter any place in which the inspector reasonably suspects that a relevant offence has been or is being committed;(b) at any reasonable time enter and inspect a no smoking area in a public place for the purpose of ascertaining whether the relevant provisions are complied with;(c) seize any thing that appears to the inspector to be evidence of any relevant offence;(d) require any person to give his name and address and to produce proof of identity if the inspector reasonably suspects that the person has committed a relevant offence;(e) take photographs or make sound or video recording for the purpose of obtaining evidence in connection with any relevant offence;(f) require any person to produce for inspection documents or records under the control of the person for the purpose of enabling the inspector to ascertain whether the relevant provisions are complied with;(g) make copies of all or any part of any such documents or records;(h) require any person to provide the inspector with such assistance or information as is reasonably necessary to enable the inspector to exercise any power or perform any duty conferred or imposed by this Ordinance.(2) An inspector shall not enter under subsection (1)(a)—(a) any domestic premises; or(b) any correctional facility without the approval of the Commissioner of Correctional Services.(3) An inspector shall not enter under subsection (1)(b) any public place that is a common part of any premises to which the public are not entitled or permitted to have access.(4) A person who wilfully obstructs an inspector who is in the exercise of a power or the performance of a duty conferred or imposed by this Ordinance commits an offence and is liable on summary conviction to a fine at level 4. (Amended 39 of 2025 s. 22)(5) A person who fails to give his name and address or to produce proof of identity when required to do so under subsection (1)(d), or who then gives a false or misleading name or address commits an offence and is liable on summary conviction to a fine at level 4. (Amended 39 of 2025 s. 22) 15H. Disposal of property seized by inspectors (1) If an inspector seizes any property while exercising a power or performing a duty conferred or imposed by this Ordinance, section 102 of the Criminal Procedure Ordinance (Cap. 221) shall apply as if the inspector were the police within the meaning of that section and such property were property that had come into possession of the police in connection with a criminal offence. (Amended 39 of 2021 s. 24)(2) (Repealed 16 of 2023 s. 9) 15I. Inspectors not personally liable for certain acts and omissions (1) An inspector is not personally liable for any act done or omitted to be done by the inspector while exercising a power or performing a duty conferred or imposed by this Ordinance if the inspector did the act or omitted to do the act in the honest belief that the act or omission was required or authorized by or under this Ordinance.(2) Subsection (1) does not affect any liability that the Government may have because an inspector has done an act or omitted to do an act to which that subsection applies. Part 5 Supplementary 16. Evidence of tar and nicotine yields (1) The Government Chemist may from time to time analyse any cigarette for the purpose of determining its tar and nicotine yields for the purposes of this Ordinance and may publish the result of any such analysis.(2) The determination of the Government Chemist under subsection (1) as published by him shall be evidence of the tar and nicotine yields of the brand of cigarettes from which the cigarette analysed was taken subject to such conditions or limitations as may be prescribed; and any publication purporting to be a determination so published shall be deemed to be such a determination unless and until the contrary is proved.(3) The power of a member of the Customs and Excise Service to take samples of any goods to which the Dutiable Commodities Ordinance (Cap. 109) applies conferred by section 11(1)(d) of that Ordinance shall extend to the taking of samples of cigarettes for analysis by the Government Chemist for the purposes of this section.(Amended 93 of 1997 s. 22) 16A. Amendment of Schedules The Secretary may by order published in the Gazette amend the Schedules.(Added 9 of 1992 s. 14. Amended 80 of 1997 s. 22; L.N. 106 of 2002; L.N. 130 of 2007) 17. (Had its effect) 18. Regulations and Orders (1) The Secretary may make regulations for all or any of the following matters— (Amended 60 of 2000 s. 3; 39 of 2025 s. 70)(a) prescribing anything required or permitted to be prescribed under this Ordinance;(b) prescribing the manner in which the tar and nicotine yields of a cigarette are to be determined; (Replaced 93 of 1997 s. 23)(c) requiring notification of anything done by any person which may be relevant to the tar and nicotine yields of cigarettes and imposing penalties not exceeding a fine at level 3 for a failure to comply with such requirement; (Amended 9 of 1992 s. 15)(ca) providing for the issue of certificates by the Director of Health for enabling the distribution of conventional smoking products in compliance with section 10AAF; (Added 39 of 2025 s. 70)(cb) prescribing the procedures for the application, suspension and cancellation of the certificates, and the effect of such suspension and cancellation; (Added 39 of 2025 s. 70)(cc) providing for the duty of suppliers (as defined by section 10AAF(3)) to withdraw conventional smoking products in the event of such suspension or cancellation and the effect of such withdrawal; (Added 39 of 2025 s. 70)(d) exempting any smoking product advertisement from the provisions of Part 4 either absolutely or subject to any exemptions that are prescribed; and (Amended 39 of 2025 s. 36)(e) for the better carrying into effect of this Ordinance.(1A) A regulation made under subsection (1)—(a) may prescribe offences for contravention of a regulation, punishable by a fine, imprisonment or both; and(b) may provide for defences to such offences. (Added 39 of 2025 s. 70)(1B) The maximum penalty that may be prescribed by a regulation made under subsection (1) for an offence is a fine at level 5 and imprisonment for 6 months. (Added 39 of 2025 s. 70)(2) The Secretary may also by order in the Gazette prescribe all or any of the following matters— (Amended 39 of 2025 s. 36)(a) the requirements to be conformed to in respect of the packaging of conventional smoking products (including any packets, retail containers, wrappings, and any labels attached to or printed on the packaging or the products); (Replaced 39 of 2025 s. 36)(b) the form (including specifications) of any health warning to be displayed for compliance with this Ordinance; (Replaced 39 of 2025 s. 36)(c) the manner in which the health warning is to be so displayed. (Added 39 of 2025 s. 36)(Amended 93 of 1997 s. 23; E.R. 1 of 2012) 19. (Repealed 39 of 2021 s. 25) Schedule 1 [s. 2]Public Transport Carriers Where Smoking is Prohibited Item Type of carrier 1. A public bus operated under a franchise granted under the Public Bus Services Ordinance (Cap. 230). 2. A public bus operated under a passenger service licence for the purposes of— (a) a tour service; (b) an international passenger service; (c) a hotel service; (d) a student service; (e) an employees’ service; (f) a residents’ service; (g) a multiple transport service; or (h) any other service approved by the Commissioner for Transport, under the Road Traffic Ordinance (Cap. 374) other than when hired to any person under regulation 38 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg. D). 3. A public light bus within the meaning of the Road Traffic Ordinance (Cap. 374) other than when hired to any person under regulation 38 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg. D). 4. A registered taxi within the meaning of the Road Traffic Ordinance (Cap. 374) other than when hired to any person under regulation 38 of the Road Traffic (Public Service Vehicles) Regulations (Cap. 374 sub. leg. D). 5. A train operated on the Mass Transit Railway under the Mass Transit Railway Ordinance (Cap. 556). (Amended 13 of 2000 s. 65) 6. A train operated on the Kowloon-Canton Railway under the Kowloon-Canton Railway Corporation Ordinance (Cap. 372) at any time outside the Concession Period within the meaning of section 2(1) of the Mass Transit Railway Ordinance (Cap. 556). (Amended 11 of 2007 s. 36) 6A. A train operated on the KCRC Railway within the meaning of section 2(1) of the Mass Transit Railway Ordinance (Cap. 556) during the Concession Period referred to in item 6. (Added 11 of 2007 s. 36) 7. A light rail vehicle operated on the North-west Railway under the Kowloon-Canton Railway Corporation Ordinance (Cap. 372) at any time outside the Concession Period referred to in item 6. (Amended 11 of 2007 s. 36) 7A. A light rail vehicle operated on the North-west Railway within the meaning of section 2(1) of the Mass Transit Railway Ordinance (Cap. 556) during the Concession Period referred to in item 6. (Added 11 of 2007 s. 36) 8. A car used upon the tramway under the Tramway Ordinance (Cap. 107) other than on a hire tramway service. 9. A tramcar used upon the tramway under the Peak Tramway Ordinance (Cap. 265). 10. Those parts of a ferry vessel operated under a franchise or a licence granted under the Ferry Services Ordinance (Cap. 104) opened, kept or used for or in connection with the carriage of passengers or to which the passengers have or are permitted to have access. (Added 9 of 1992 s. 16) Schedule 2 [s. 3](Amended 39 of 2025 s. 45)Designated No Smoking Areas and Exempt Areas Part 1 Areas or Premises Described for Designation of No Smoking Areas (Amended 39 of 2025 s. 45) Division 1 Areas Described for Purposes of Section 3(1) (Added 39 of 2025 s. 45) Item Type of area 1. Any cinema, theatre or concert hall. 2. Any public lift. 3. Any escalator. 4. Any amusement game centre. 5. Any child care centre. 6. Any school. 7. Any specified educational establishment. 8. Any approved institution. 9. Any place of detention. 10. Any place of refuge. 11. Any reformatory school. 12. Any hospital. 13. (Repealed 34 of 2018 s. 182) 14. Any public pleasure ground other than a bathing beach. 15. The following areas within any bathing beach— (a) any part of the waters set aside for the sole use of swimmers under section 10 of the Bathing Beaches Regulation (Cap. 132 sub. leg. E) (which includes any beach raft and any other thing on the surface of or above those waters); (b) the shore covered with sand or stones, together with any structure, showering facilities or natural feature on such shore; and (c) any area specified under section 107(3) of the Public Health and Municipal Services Ordinance (Cap. 132) to be used as a barbecue area, camp site or children’s play area. 16. The following areas within any public swimming pool— (a) any swimming pool; (b) any sidewalk immediately adjacent to the swimming pool; (c) any diving board or other apparatus or facility adjoining the swimming pool; and (d) any spectator stand. 17. The following areas within any stadium— (a) any pitch; (b) any running track; (c) any sidewalk immediately adjacent to the pitch or running track; and (d) any spectator stand. 18. The Hong Kong Wetland Park designated under section 24(1) of the Country Parks Ordinance (Cap. 208). 19. An indoor area in— (a) any shop, department store or shopping mall; (b) any market (whether publicly or privately operated or managed); (c) any supermarket; (d) any bank; (e) any restaurant premises; (f) any bar; (g) any karaoke establishment; (h) any mahjong-tin kau premises; (i) any bathhouse; (j) any massage establishment; (k) any residential care home; (l) any treatment centre; or (m) any communal quarters (as defined in Part 3). 20. An indoor area in a workplace or public place to the extent that it is not an area described in any other item in this Division. (Amended 39 of 2025 s. 45) 21. The following bus interchanges and adjoining facilities— (a) Lion Rock Tunnel Bus Interchange, located on both sides of the toll plaza of the Lion Rock Tunnel, as shown coloured orange and edged red on Plan No. DH/TCO/T-004V1, signed by the Secretary on 4 December 2015 and deposited in the Land Registry; (b) Cross-Harbour Tunnel Bus Interchange, located on both sides of the toll plaza of the Cross-Harbour Tunnel, together with the adjoining staircases, part of the adjoining elevated walkways and the adjoining bus stop at Salisbury Road, as shown— (Amended L.N. 169 of 2021) (i) coloured orange and edged red; (ii) coloured yellow and edged red; (iii) coloured orange stippled black and edged red; and (iv) coloured orange hatched black and edged red, on Plan No. DH/TCO/T-001V2, signed by the Secretary on 12 August 2021 and deposited in the Land Registry; (Amended L.N. 169 of 2021) (c) Eastern Harbour Crossing Bus Interchange, located on both sides of the toll plaza of the Eastern Harbour Crossing, as shown coloured orange and edged red on Plan No. DH/TCO/T-002V2, signed by the Secretary on 12 August 2021 and deposited in the Land Registry; (Amended L.N. 169 of 2021) (d) Shing Mun Tunnels Bus Interchange, located on both sides of the toll plaza of the Shing Mun Tunnels, as shown coloured orange and edged red on Plan No. DH/TCO/T-006V1, signed by the Secretary on 4 December 2015 and deposited in the Land Registry; (e) Tate’s Cairn Tunnel Bus Interchange, located on both sides of the toll plaza of the Tate’s Cairn Tunnel, as shown coloured orange and edged red on Plan No. DH/TCO/T-005V1, signed by the Secretary on 4 December 2015 and deposited in the Land Registry; (f) Western Harbour Crossing Bus Interchange, located on both sides of the toll plaza of the Western Harbour Crossing, as shown coloured orange and edged red on Plan No. DH/TCO/T-003V1, signed by the Secretary on 4 December 2015 and deposited in the Land Registry; (g) Tai Lam Tunnel Bus Interchange, located on both sides of the toll plaza of the Tai Lam Tunnel, as shown coloured orange and edged red on Plan No. DH/TCO/T-007V1, signed by the Secretary on 4 December 2015 and deposited in the Land Registry; (Amended L.N. 81 of 2018) (h) Tsing Sha Highway Bus Interchange, located on both sides of the toll plaza on Tsing Sha Highway, as shown coloured orange and edged red on Plan No. DH/TCO/T-008V1, signed by the Secretary on 4 December 2015 and deposited in the Land Registry; (Added L.N. 237 of 2015. Amended L.N. 81 of 2018) (i) Tuen Mun Road Bus Interchange (Kowloon Bound), located at Tuen Mun Road, as shown coloured orange and edged red on Plan No. DH/TCO/E-003V1, signed by the Secretary on 7 May 2018 and deposited in the Land Registry; (Added L.N. 81 of 2018) (j) Tuen Mun Road Bus Interchange (Tuen Mun Bound), located at Tuen Mun Road, together with the adjoining staircases and part of the adjoining elevated walkways, as shown— (i) coloured orange and edged red; (ii) coloured yellow and edged red; (iii) coloured orange stippled black and edged red; and (iv) coloured orange hatched black and edged red, on Plan No. DH/TCO/E-004V1, signed by the Secretary on 7 May 2018 and deposited in the Land Registry; (Added L.N. 81 of 2018) (k) Lantau Toll Plaza Bus Interchange, located on both sides of the toll plaza on North Lantau Highway, as shown coloured orange and edged red on Plan No. DH/TCO/E-002V1, signed by the Secretary on 7 May 2018 and deposited in the Land Registry; (Added L.N. 81 of 2018. Amended L.N. 169 of 2021) (l) Aberdeen Tunnel Bus Interchange, on both sides of the unnamed road near the junction of Nam Fung Road with Wong Chuk Hang Road, as shown coloured orange and edged red on Plan No. DH/TCO/E-001V1, signed by the Secretary on 7 May 2018 and deposited in the Land Registry; (Added L.N. 81 of 2018. Amended L.N. 169 of 2021) (m) Fanling Highway Bus Interchange, located on the Fanling Highway southbound, as shown coloured orange and edged red on Plan No. DH/TCO/E-005V1, signed by the Secretary on 12 August 2021 and deposited in the Land Registry; (Added L.N. 169 of 2021) (n) Tseung Kwan O Tunnel Bus Interchange, located on both sides of the toll plaza of the Tseung Kwan O Tunnel, together with the adjoining staircases and ramps and part of the adjoining elevated walkways, as shown— (i) coloured orange and edged red; (ii) coloured orange stippled black and edged red; and (iii) coloured orange hatched black and edged red, on Plan No. DH/TCO/E-006V1, signed by the Secretary on 12 August 2021 and deposited in the Land Registry; (Added L.N. 169 of 2021) (o) Tuen Mun-Chek Lap Kok Tunnel Bus Interchange, located at Tuen Mun Chek Lap Kok Tunnel Road, as shown coloured orange and edged red on Plan No. DH/TCO/T-009V1, signed by the Secretary on 12 August 2021 and deposited in the Land Registry. (Added L.N. 169 of 2021) Division 2 Premises Described for Purposes of Section 3(1AAA) (Division 2 added 39 of 2025 s. 45) Item Premises 1. Any child care centre. 2. Any hospital. 3. Any residential care home. 4. Any school. 5. Any specified clinic or health centre. Part 2 Exempt Areas Item Type of area 1. An area described in item 20 of Division 1 of Part 1 that is situated in domestic premises. (Amended 39 of 2025 s. 45) 2. Type 1 private quarters (as defined in Part 3). 3. Type 2 private quarters (as defined in Part 3) that are not situated within any of the following— (a) a child care centre; (b) a school; (c) a specified educational establishment; (d) an approved institution; (e) a place of detention; (f) a place of refuge; (g) a reformatory school; (h) a hospital. (Amended 34 of 2018 s. 182) (i) (Repealed 34 of 2018 s. 182) 4. A bedspace apartment in respect of which a licence or certificate of exemption issued under the Bedspace Apartments Ordinance (Cap. 447) is in force. 5. A room or suite of rooms in a hotel or guesthouse if— (a) a licence issued under the Hotel and Guesthouse Accommodation Ordinance (Cap. 349) is in force in respect of the hotel or guesthouse; and (Amended 6 of 2020 s. 50) (b) the room or suite of rooms is being hired for use as sleeping accommodation. 6. An area designated by the Airport Authority as a smoking area as referred to in section 16 of the Airport Authority Bylaw (Cap. 483 sub. leg. A). 7. An area in a correctional facility that is set aside for smoking by prisoners who are allowed to do so in accordance with orders under rule 25 of the Prison Rules (Cap. 234 sub. leg. A). 8. An area that is— (a) situated within a public pleasure ground other than a bathing beach; and (b) specified under section 107(3) of the Public Health and Municipal Services Ordinance (Cap. 132) to be used as a smoking area. 9. A room designated for cigar tasting in a shop if all the following requirements are complied with— (a) the shop is engaged in the retail sale of cigars; (b) nothing except cigars and cigar accessories are offered for sale in the shop; (c) the room is not used for smoking except for the purpose of tasting the cigars, or samples of the cigars, that are sold or offered for sale in the shop; (d) the room is independently ventilated and completely partitioned off from the remainder of the shop; and (e) no natural person is required to enter the room while it is being occupied for cigar tasting (whether or not he could have been required to do so by contract or otherwise). 10. A room designated for tasting or testing of smoking products in the manufacturing or business premises of a business engaged in the smoking products trade if all the following requirements are complied with— (Amended 39 of 2021 s. 26) (a) the business is not engaged in the retail sale of smoking products; (b) the tasting or testing is carried out for conducting research and development or quality control of smoking products in the normal course of the business; (Replaced 39 of 2021 s. 26) (c) the room is only used for carrying out the tasting or testing; (d) the room is independently ventilated and completely partitioned off from the remainder of the premises; and (e) no natural person, other than one who carries out the tasting or testing, is required to enter the room while it is being occupied for the tasting or testing (whether or not he could have been required to do so by contract or otherwise). (Amended 39 of 2021 s. 26) 11. An area set aside by the Director of Immigration under rule 11A of Schedule 1 to the Immigration (Treatment of Detainees) Order (Cap. 115 sub. leg. E) in a place specified in Schedule 2 to that Order for smoking by persons detained there. (Added L.N. 16 of 2010) 12. A Government laboratory. (Added 39 of 2021 s. 26) Part 3 Interpretation In this Schedule—communal quarters (共用宿舍) means any premises that are the living accommodation provided by an employer to 2 or more employees, or to those employees and their families, whether or not any monetary consideration is received by the employer for providing the accommodation, but does not include—(a) any room occupied exclusively by one employee, or by that employee and his family, within any such accommodation; and(b) any such accommodation that is, or forms part of, the private dwelling of the employer or any other person;Type 1 private quarters (第一類私人宿舍) means any premises that comply with the following requirements—(a) the premises are the living accommodation provided by an employer to one employee, or to that employee and his family, whether or not any monetary consideration is received by the employer for providing the accommodation;(b) the accommodation is occupied exclusively by that employee, or by him and his family; and(c) the block of building in which the accommodation is situated consists only of such accommodation and the common parts (if any) shared by such accommodation;Type 2 private quarters (第二類私人宿舍) means any premises that comply with the following requirements—(a) the premises are the living accommodation provided by an employer to one employee, or to that employee and his family, whether or not any monetary consideration is received by the employer for providing the accommodation;(b) the accommodation is occupied exclusively by that employee, or by him and his family;(c) the accommodation is permanently and completely partitioned off from the remainder of any area described in Part 1 within which the accommodation is situated; and(d) none of any window, door or other closeable opening of the accommodation opens to an indoor part of that area (except a common part).(Schedule 2 replaced 21 of 2006 s. 21) Schedule 3 (Repealed 21 of 2006 s. 22) Schedule 4 (Repealed 21 of 2006 s. 23) Schedule 5 [s. 3(2A)]Exemption from Section 3(2) of this Ordinance Exemption for live performance or recording for film or television programme 1. Interpretation of Schedule 5 (1) In this Schedule—conventional smoking act (傳統吸煙行為) means smoking or carrying a lighted cigarette, cigar or pipe; (Added 39 of 2021 s. 27)film (電影) means a film within the meaning of section 2(1) of the Film Censorship Ordinance (Cap. 392);live performance (現場表演) means a performance given or done before a live audience, whether on payment or otherwise, and includes the final rehearsal of the performance;performance (表演) means any play, show, entertainment or any other kind of performance;television programme (電視節目) means a television programme within the meaning of section 2(1) of the Broadcasting Ordinance (Cap. 562).(Amended 39 of 2021 s. 27)(2) For the purposes of this Schedule, a venue is a designated performance venue if it is—(a) situated in—(i) a school other than one that provides any nursery, kindergarten or primary education within the meaning of section 3(1) of the Education Ordinance (Cap. 279); or(ii) a specified educational establishment; and(b) designated by the manager of that school or establishment as a venue for any live performance. 2. Exemption for live performance For the purposes of section 3(2A) of this Ordinance, a person who does a conventional smoking act in a no smoking area is exempt from section 3(2) of this Ordinance if he proves that— (Amended 39 of 2021 s. 27)(a) he is performing in a live performance, and his conventional smoking act forms part of the performance;(b) the no smoking area in which the live performance takes place is not a school or specified educational establishment except a designated performance venue;(c) the manager of the no smoking area has given his prior permission for the live performance with the conventional smoking act to take place in the no smoking area, and in the case of a designated performance venue in a secondary school within the meaning of section 3(1) of the Education Ordinance (Cap. 279), that prior permission has been given in writing;(d) the live performance takes place only within the time and at the location permitted by the manager; and(e) the conventional smoking act complies with all the requirements specified in relation to such an act under section 4. 3. Exemption for recording for film or television programme For the purposes of section 3(2A) of this Ordinance, a person who does a conventional smoking act in a no smoking area is exempt from section 3(2) of this Ordinance if he proves that— (Amended 39 of 2021 s. 27)(a) he is performing in a performance, and his conventional smoking act forms part of the performance;(b) the performance is being recorded for the production of a film or television programme (whether live or otherwise);(c) the film or television programme is not, and does not form part of, a smoking product advertisement;(d) the manager of the no smoking area in which the performance takes place has given his prior permission for the performance with the conventional smoking act to take place in the no smoking area, and in the case of a school that provides any nursery, kindergarten, primary or secondary education within the meaning of section 3(1) of the Education Ordinance (Cap. 279), that prior permission has been given in writing;(e) the performance takes place only within the time and at the location permitted by the manager; and(f) the conventional smoking act complies with all the requirements specified in relation to such an act under section 4. 4. Specified requirements for conventional smoking act (Amended 39 of 2021 s. 27)For the purposes of sections 2(e) and 3(f), the following are the requirements specified in relation to a conventional smoking act— (Amended 39 of 2021 s. 27)(a) the act does not expressly or impliedly induce, suggest or request any person to purchase or smoke any conventional smoking product;(b) the act does not illustrate smoking in a manner that is calculated, expressly or impliedly, to promote or encourage the use of any conventional smoking product;(c) the act does not illustrate the package of any conventional smoking product; and(d) the act does not illustrate any quality of any conventional smoking product except for the purpose of publicizing the harm of smoking.(Schedule 5 added 21 of 2006 s. 24. Amended 39 of 2021 s. 27) Schedule 6 (Repealed 39 of 2021 s. 28) Schedule 7 [ss. 2 & 15DAB] (Amended 39 of 2025 s. 23)Alternative Smoking Products Part 1 Interpretation Provisions 1. In this Schedule—conventional smoking (傳統吸煙) means the smoking of a cigarette, cigar or pipe;dangerous drug (危險藥物) has the meaning given by section 2(1) of the Dangerous Drugs Ordinance (Cap. 134);specified plant material (指明植物材料) means any material—(a) that was any part of a plant, such as leaves, roots, flowers, fruit and seeds; and(b) that is not tobacco or a dangerous drug;waterpipe (水煙壺) means a receptacle or other device designed for use for smoking tobacco in a form other than as a cigarette or cigar where the receptacle or device—(a) allows smoke to be generated other than by means of electricity; and(b) consists of or includes a jar or similar receptacle for containing a liquid through which the smoke of tobacco would pass before being inhaled by the user of the receptacle or device. 2. For the purposes of this Schedule, it is irrelevant whether the aerosol generated is visible. 3. For the purposes of this Schedule, a thing is capable of use for imitating conventional smoking if it is capable of use for smoking in the same way as conventional smoking in respect of—(a) the bringing of the thing to the mouth; and(b) the inhaling and expelling of aerosol. 4. For the purposes of this Schedule, it is irrelevant whether the component or accessory is sold separately from the device. Part 2 Products for Definition of Alternative Smoking Product Category 1 1.1. A device (other than a waterpipe) that is capable of— (a) generating an aerosol from any substance that is not tobacco or a dangerous drug, other than by means of lighting the substance directly; and (b) use for imitating conventional smoking. 1.2. A thing that is designed for use as a component of, or accessory to, a device described in item 1.1 (such as a mouthpiece, heating element, battery or container of a substance mentioned in that item). 1.3. Any substance (other than tobacco or a dangerous drug)— (a) that is packaged as being suitable for use with a device described in item 1.1; and (b) from which an aerosol is capable of being generated in the way described in that item. Category 2 2.1. A device (other than a waterpipe) that is capable of— (a) generating an aerosol from tobacco, other than by means of lighting the tobacco directly; and (b) use for smoking. 2.2. A thing that is designed for use as a component of, or accessory to, a device described in item 2.1 (such as a mouthpiece, heating element, battery or container of the tobacco mentioned in that item). 2.3. Tobacco— (a) that is packaged as being suitable for use with a device described in item 2.1; and (b) from which an aerosol is capable of being generated in the way described in that item. Category 3 3. Specified plant material rolled up in any material, in a form that is capable of immediate use for imitating conventional smoking. (Schedule 7 added 39 of 2021 s. 29) Schedule 8 [s. 14(4A)(c)]Words or Phrases for Section 14(4A)(c) cigarette smoking tobacco cigar pipe waterpipe hookah shisha vaping vaporizer e-cigarette e-cig electronic nicotine delivery system ENDS electronic non-nicotine delivery system ENNDS e-liquid e-juice heat-not-burn HNB heatstick HTP 香煙 捲煙 吸煙 煙草 煙絲 雪茄 煙斗 水煙 電子煙 電子尼古丁傳送系統 電子非尼古丁傳送系統 煙油 煙液 加熱煙 加熱非燃燒 草本煙 草藥煙 藥草煙 茶煙 水果煙 果味煙 有味煙 (Schedule 8 added 39 of 2021 s. 29) Schedule 9 [s. 4B]Places Described for Purposes of Section 4B Item Place 1. Any arts and cultural facilities as defined by section 2 of the West Kowloon Cultural District Authority Ordinance (Cap. 601). 2. Any cinema, theatre or concert hall. 3. Any civic centre as defined by section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132). 4. Any community hall, community centre, activity centre or other community facility managed by the Home Affairs Department. 5. Any hospital. 6. Any museum as defined by section 2(1) of the Public Health and Municipal Services Ordinance (Cap. 132). 7. Any public pleasure ground. 8. Any public swimming pool. 9. Any specified clinic or health centre. 10. Any stadium. 11. Kai Tak Arena, located at 38-39 Shing Kai Road, Kowloon. 12. AsiaWorld-Expo, located at the Hong Kong International Airport, Lantau Island, New Territories. 13. Hong Kong Convention and Exhibition Centre, located at 1 Expo Drive, Wan Chai, Hong Kong. 14. Hong Kong Disneyland Park, located at Hong Kong Disneyland, Lantau Island, New Territories. 15. Ocean Park as defined by section 2 of the Ocean Park Corporation Ordinance (Cap. 388). 16. Water World Ocean Park Hong Kong, located at 33 Ocean Drive, Aberdeen, Hong Kong. 17. The Hong Kong Observation Wheel, located at 33 Man Kwong Street, Central, Hong Kong. 18. The Hong Kong Wetland Park designated under section 24(1) of the Country Parks Ordinance (Cap. 208). (Schedule 9 added 39 of 2025 s. 46)