Cap. 371 《吸煙(公眾衞生)條例》Smoking (Public Health) Ordinance

In this Ordinance, unless the context otherwise requires— (Amended 39 of 2021 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)

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)

A person ceases a smoking act—

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)

A reference in this Ordinance to marketing in relation to a smoking product includes marketing outside Hong Kong. (Added 39 of 2021 s. 4)

A note in the text of this Ordinance is for information only and has no legislative effect. (Added 39 of 2021 s. 4)

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)

A notice referred to in subsection (7) is not subsidiary legislation. (Added 39 of 2025 s. 41)

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)

Moreover, an area—

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)

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)

The Secretary may, by notice published in the Gazette, designate an area as a no smoking area. (Added 39 of 2025 s. 42)

In making the designation, the Secretary may do all or any of the following—

The Director of Health may, by notice published in the Gazette, designate as a no smoking area the whole or a part of—

(Repealed 21 of 2006 s. 5)

No person may do a smoking act in a no smoking area. (Amended 39 of 2021 s. 5)

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)

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)

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.

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)

No person may do a smoking act in a public transport carrier. (Amended 39 of 2021 s. 6)

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)

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.

No person may do a smoking act while—

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.

In this section—

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)

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.

(Repealed 21 of 2006 s. 8)

If—

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)

A person is taken to have established a matter that needs to be established for a defence under subsection (5) if—

No person shall sell, offer for sale or possess for the purposes of sale any cigarettes unless—

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)

for export from Hong Kong.

No person shall sell, offer for sale or possess for the purposes of sale any cigarette containing an amount of tar exceeding 17 milligrams.

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.

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)

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)

A person is taken to have established a matter that needs to be established for a defence under subsection (1A) if—

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)

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 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)

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 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—

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.

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.

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.

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)

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)

This section applies to—

Nothing in this section or section 12 applies in relation to a smoking product advertisement in a printed publication that is published—

No person shall—

any smoking product advertisement in writing or other permanent or semi-permanent form.

(Repealed 21 of 2006 s. 14)

Subsection (1) does not apply to any smoking product advertisement which— (Amended 39 of 2021 s. 14)

The advertisement mentioned in subsection (4) is not required to bear a health warning or the tar and nicotine yields.

No person shall exhibit a smoking product advertisement by film. (Amended 91 of 1994 s. 13; 39 of 2021 s. 16)

No person shall place or cause to be placed a smoking product advertisement on the Internet.

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)

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.

For the purposes of this Part an advertisement is a smoking product advertisement if it— (Amended 39 of 2021 s. 18)

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)

Subject to subsections (3) to (5), where—

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)

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)

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)

The conditions mentioned in subsection (4) are—

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)

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)

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)

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)

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.

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.

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)

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)

A person is taken to have established a matter that needs to be established for a defence under subsection (2) if—

No person shall sell any conventional smoking product to any person under the age of 18 years.

No person may give any conventional smoking product to any person under the age of 18 years. (Added 39 of 2025 s. 47)

No person shall, for the purposes of promotion or advertisement, give any conventional smoking product to any person. (Amended 93 of 1997 s. 19)

No person shall—

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)

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.

Any person who contravenes section 15A or 15B commits an offence. (Amended 39 of 2025 s. 48)

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)

If—

the person is liable on summary conviction to a fine at level 3. (Added 39 of 2025 s. 48)

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—

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)

It is a defence to—

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)

A person is taken to have established a matter that needs to be established for a defence under subsection (2) if—

No person may—

A reference to the sale of an alternative smoking product in subsection (1)—

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.

Any person who contravenes subsection (1) commits an offence and is liable to a fine at level 5 and to imprisonment for 6 months.

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)

A person is taken to have established a matter that needs to be established for a defence under subsection (5) if—

If a body corporate commits an offence under section 15DA(4), and it is proved that the offence—

the person also commits the offence.

The person referred to in subsection (1) is—

If a partner in a partnership commits an offence under section 15DA(4), and it is proved that the offence—

the person also commits the offence.

The person referred to in subsection (3) is—

If a member of any other unincorporated body commits an offence under section 15DA(4), and it is proved that the offence—

the person also commits the offence.

The person referred to in subsection (5) is—

This Part does not limit the Pharmacy and Poisons Ordinance (Cap. 138).

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.

An inspector may seize, remove or detain any article if the inspector reasonably suspects that—

If an inspector reasonably suspects that a person has committed or is committing an offence under section 15DA(4), the inspector may detain the person for a reasonable period to facilitate the enforcement of section 15DA.

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 section 15DA(4) has been committed, is being committed or is about to be committed in that place.

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.

This section does not limit section 15G(1)(c), (d), (e), (f), (g) or (h).

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—

An inspector shall not enter under subsection (1)(a)—

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.

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 3.

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 3.

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)

(Repealed 16 of 2023 s. 9)

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.

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.

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.

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.

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.

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 regulation made under subsection (1)—

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)

The Secretary may also by order in the Gazette prescribe all or any of the following matters— (Amended 39 of 2025 s. 36)