Hong Kong Fully Bans E-Cigarettes: Is It Illegal to Bring Vaping Products into Hong Kong?
Hong Kong Chief Executive Carrie Lam proposed banning e-cigarettes in Hong Kong back in early October. A month later, just as people were beginning to forget about it, Hong Kong’s anti-smoking enforcement began. According to Hong Kong Wen Wei Po, police r
The proposal by Hong Kong Chief Executive Carrie Lam to ban e-cigarettes in Hong Kong was first raised in early October. A month later, just as people were beginning to forget about it, Hong Kong’s anti-“smoking” campaign began in earnest.
According to Hong Kong Wen Wei Po, police recently arrested a man for carrying several types and multiple boxes of e-cigarettes. After a court ruling, he was convicted on three charges: 【selling unregistered pharmaceutical products】, 【illegal sale】, and 【possession of Part I poisons】. He was fined HKD 5,000 and ordered to pay more than HKD 10,000 in testing fees.
Reportedly, the defendant was actually a Vapor who had merely been asked by a friend to pick up a batch of Vape products from a brick-and-mortar store and then pass them on to another person. Because he sincerely expressed the classic triple grievance in court — “I’m really innocent,” “I didn’t know this was illegal,” and “I’m willing to turn over a new leaf” — the judge showed leniency and imposed a lighter sentence.
However, judging from the message conveyed by Wen Wei Po, the Hong Kong SAR is clearly using this case to signal its determination to ban Vape products altogether.
Nicotine is classified as a 【Part I poison】
The report specifically emphasized that police sent the seized e-cigarette samples to the Department of Health for testing — which explains the HKD 10,000 testing fee — and the results confirmed that they contained trace amounts of nicotine.
In Hong Kong, nicotine is categorized as a 【Part I poison】, somewhat similar to what mainland China commonly refers to as a “prescription drug.” This category includes narcotics and other substances with addictive properties or side effects, which require a doctor’s prescription and real-name registration for purchase. Even if nicotine is not purchased through a pharmacy, nicotine-containing e-liquid must still be registered before it can be legally sold. Clearly, there were serious issues with the origin of this batch of e-liquid, and because it was unregistered, it did not comply with the law.
Hong Kong’s Vape ban has not yet been enacted into law
In fact, as of now, Hong Kong’s proposed comprehensive ban on e-cigarettes has not yet been backed by legislation passed by the Legislative Council. In this case, the problem was indeed with the e-liquid itself.
But according to Wen Wei Po, the relevant bill was expected to be revised during the 2018/19 Legislative Council session, at which point the import, manufacture, sale, and promotion of e-cigarettes would all be fully prohibited. If that happens, the consequences could be far more serious than a fine of just over HKD 10,000. However, Hong Kong has not yet clarified whether bringing vaping devices into the city for personal use would count as an offense. This remains something to watch closely.
This case clearly shows Hong Kong’s strong determination to ban e-cigarettes. While calmly working on legislation, the authorities are also keeping a close eye on the vaping market. This is a reminder to all Vapors to pay attention to legal requirements. Just like those who unknowingly brought Vape products into Thailand and ended up being fined or even arrested, getting punished out of ignorance is truly unfair.
Now that places across China are paying more and more attention to e-cigarettes, the best thing we Vapors can do is obey the law and help build a positive public image for the vaping community, so that the next city to fully ban e-cigarettes does not do so because of negative news.
According to Hong Kong Wen Wei Po, police recently arrested a man for carrying several types and multiple boxes of e-cigarettes. After a court ruling, he was convicted on three charges: 【selling unregistered pharmaceutical products】, 【illegal sale】, and 【possession of Part I poisons】. He was fined HKD 5,000 and ordered to pay more than HKD 10,000 in testing fees.
Reportedly, the defendant was actually a Vapor who had merely been asked by a friend to pick up a batch of Vape products from a brick-and-mortar store and then pass them on to another person. Because he sincerely expressed the classic triple grievance in court — “I’m really innocent,” “I didn’t know this was illegal,” and “I’m willing to turn over a new leaf” — the judge showed leniency and imposed a lighter sentence.
However, judging from the message conveyed by Wen Wei Po, the Hong Kong SAR is clearly using this case to signal its determination to ban Vape products altogether.Nicotine is classified as a 【Part I poison】
The report specifically emphasized that police sent the seized e-cigarette samples to the Department of Health for testing — which explains the HKD 10,000 testing fee — and the results confirmed that they contained trace amounts of nicotine.
In Hong Kong, nicotine is categorized as a 【Part I poison】, somewhat similar to what mainland China commonly refers to as a “prescription drug.” This category includes narcotics and other substances with addictive properties or side effects, which require a doctor’s prescription and real-name registration for purchase. Even if nicotine is not purchased through a pharmacy, nicotine-containing e-liquid must still be registered before it can be legally sold. Clearly, there were serious issues with the origin of this batch of e-liquid, and because it was unregistered, it did not comply with the law.
Hong Kong’s Vape ban has not yet been enacted into law
In fact, as of now, Hong Kong’s proposed comprehensive ban on e-cigarettes has not yet been backed by legislation passed by the Legislative Council. In this case, the problem was indeed with the e-liquid itself.
But according to Wen Wei Po, the relevant bill was expected to be revised during the 2018/19 Legislative Council session, at which point the import, manufacture, sale, and promotion of e-cigarettes would all be fully prohibited. If that happens, the consequences could be far more serious than a fine of just over HKD 10,000. However, Hong Kong has not yet clarified whether bringing vaping devices into the city for personal use would count as an offense. This remains something to watch closely.This case clearly shows Hong Kong’s strong determination to ban e-cigarettes. While calmly working on legislation, the authorities are also keeping a close eye on the vaping market. This is a reminder to all Vapors to pay attention to legal requirements. Just like those who unknowingly brought Vape products into Thailand and ended up being fined or even arrested, getting punished out of ignorance is truly unfair.
Now that places across China are paying more and more attention to e-cigarettes, the best thing we Vapors can do is obey the law and help build a positive public image for the vaping community, so that the next city to fully ban e-cigarettes does not do so because of negative news.
