Hong Kong (SAR)

COMMENTS: Smoking (Public Health) Regulations (Cap. 371A) were issued under Smoking (Public Health) Ordinance (Cap. 371). The regulations include provisions on tar and nicotine yields and notification of retail sale. The regulations have been amended several times; the version uploaded contains amendments through April 30, 2022.

COMMENTS: Smoking (Public Health) (Prescribed Information) Order (Cap. 371B) contains many of the implementing details of the Smoking (Public Health) Ordinance, including on the subjects of health warnings and signs required at points of retail sale. The order has been amended several times; the version uploaded contains amendments through April 30, 2022. The order was previously titled Smoking (Public Health) (Notices) Order 2017.

COMMENTS: Smoking (Public Health) Ordinance (Cap. 371) covers many aspects of tobacco control, including, but not limited to, public smoking restrictions; packaging and labeling; advertising, promotion and sponsorship; sales to minors; and bans the import, manufacture, sale, and possession for commercial purposes of e-cigarettes and heated tobacco products. The ordinance has been amended several times; the version uploaded here contains amendments through July 1, 2022.

COMMENTS: The Smokeless Tobacco Product (Prohibition) Regulations (Cap. 132BW) prohibit the manufacture, import and sale of smokeless tobacco products in Hong Kong. The regulations have been amended several times, most recently in September 2019.

COMMENTS: The Public Health and Municipal Services Ordinance (Cap. 132) provides a list of smoke free outdoor “public pleasure grounds” in Hong Kong. "Public pleasure ground" is defined in Section 2 of the Ordinance, and further discussed in Part X (Sections 106-11) and Annex 4.

COMMENTS: Chapter 374D contains the Road Traffic (Public Service Vehicles) Regulations. Of particular importance, Regulation 38 sets forth the limited exception to smoking in taxis and buses when privately hired.

COMMENTS: Aviation Security Ordinance (Cap. 494) contains aircraft regulations, including prohibitions on smoking in aircraft (Section 12B).

COMMENTS: In August of 2005, the Standing Committee of the National People's Congress announced its decision to ratify the FCTC. Also in this announcement, the Congress prohibited automatic cigarette vending machines throughout the territory of the People’s Republic of China. Hong Kong, as Special Administrative Region of China, is bound by China’s ratification of the treaty and the accompanying statement prohibiting vending machines. The announcement is in both Chinese and English.

COMMENTS: Fixed Penalty (Smoking Offences) Regulation (Cap. 600A) provides the forms to be used and procedures for payment under the Fixed Penalty (Smoking Offences) Ordinance. The text of the Regulation is in English, and the sample forms contained in the Schedule are in both Chinese and English.

COMMENTS: Fixed Penalty (Smoking Offences) Ordinance (Cap. 600) provides for a fixed penalty to be payable for certain offenses in violation of the Smoking (Public Health) Ordinance. The Ordinance has been amended several times, most recently in November 2017.

COMMENTS: Smoking (Public Health) (Designation of No Smoking Areas) Notice (Cap. 371D) contains the definition of "public transport facility" as well as a list of public transport facilities where smoking is prohibited. The Notice has been amended several times; the version uploaded contains amendments through December 31, 2021.

COMMENTS: Fixed Penalty (Smoking Offences) (Specification of Authorities and Public Officers) Notice (Cap. 600B) identifies the public officers responsible for enforcement of the Smoking Ordinance. The Notice has been amended; the version uploaded contains amendments through April 29, 2021.

COMMENTS: Resolution of the Legislative Council (L.N. 126 of 2017) amends the Smoking (Public Health) (Notices) (Amendment) Order 2017, including pushing back the effective date of the order and making other changes to packaging and labeling requirements.