Skip to content

Swiss Chinese Law Association — Geneva

SCLA | Swiss Chinese Law Association

Legal Observatory / Trade and Customs

Law and Society China Hong Kong SAR Court judgment

Hong Kong Court Sentences Traveller to Four Weeks' Imprisonment for Importing 25,600 Alternative Smoking Products

A man was sentenced to four weeks' imprisonment by the West Kowloon Magistrates' Courts for illegally importing 25,600 alternative smoking products into Hong Kong SAR.

What Changed

  • West Kowloon Magistrates' Courts sentenced an inbound passenger to four weeks' imprisonment for importing 25,600 alternative smoking products from Japan.
  • Hong Kong Customs and the Tobacco and Alcohol Control Office (TACO) exercised statutory arrest powers granted under the 2025 amendment ordinance.
  • The Department of Health highlighted statutory penalties under Cap. 60 and Cap. 371 and reiterated public health warnings against alternative smoking products.

On October 23, 2026, the West Kowloon Magistrates' Courts in Hong Kong SAR sentenced a man to four weeks' imprisonment after he was caught illegally importing 25,600 alternative smoking products into the region. The case highlights Hong Kong's strict enforcement against the importation and commercial distribution of alternative smoking devices, including e-cigarettes, heated tobacco products, and herbal cigarettes.

The incident began on October 22, 2026, when Hong Kong Customs intercepted the individual upon his arrival from Japan. Customs officers discovered 25,600 alternative smoking products inside his luggage and notified the Tobacco and Alcohol Control Office (TACO) of the Department of Health (DH). TACO inspectors immediately arrested and prosecuted the man under applicable statutory powers.

This prosecution follows statutory legislative changes under the Tobacco Control Legislation (Amendment) Ordinance 2025, which took effect on September 19, 2025. These amendments conferred formal arrest powers directly on TACO inspectors. Since those powers came into force, TACO has prosecuted 33 cases involving the importation of large quantities of alternative smoking products, resulting in the conviction of 36 persons who received prison sentences ranging between four weeks and eight months.

Under Cap. 60 (the Import and Export Ordinance), importing alternative smoking products constitutes an offence. Persons convicted on summary conviction face a fine of $500,000 and two years' imprisonment, while conviction on indictment carries penalties up to a fine of $2 million and seven years' imprisonment. Furthermore, Cap. 371 (the Smoking [Public Health] Ordinance) prohibits promoting, manufacturing, selling, or possessing alternative smoking products for commercial purposes, carrying penalties of a $50,000 fine and six months' imprisonment.

The Department of Health welcomed the court verdict and reminded members of the public and visitors not to bring alternative smoking products into Hong Kong SAR or use them. The department emphasised that alternative smoking products are addictive and warned that e-cigarettes may elevate risks of cancer, respiratory illnesses, and cardiovascular diseases.

Who May Be Affected

Travelers, visitors, importers, commercial distributors, and users of e-cigarettes, heated tobacco products, and herbal cigarettes in or entering Hong Kong SAR.

Cross-Border Context

Applies to passengers traveling into Hong Kong SAR from international jurisdictions, such as Japan, carrying restricted alternative smoking products.

What to check next

  • Monitor official announcements from the Department of Health and Customs and Excise Department regarding enforcement trends and travel advisories.
  • Review provisions under Cap. 60 (Import and Export Ordinance) and Cap. 371 (Smoking [Public Health] Ordinance) for full lists of restricted items and penalties.

This article provides general information and does not constitute legal advice. Consult the official text and obtain advice appropriate to your circumstances where needed.

Keep the issues that matter to you in view

Subscribe to SCLA updates and choose your interests.