Is Tobacco legal in Hong Kong?

Legal status

Importing heated tobacco sticks, e-cigarettes or any other alternative smoking product into Hong Kong is an offence carrying up to 7 years under section 13B of the Import and Export Ordinance (Cap. 60), and selling cigarettes or other conventional smoking products to anyone under 18 is an offence under the Smoking (Public Health) Ordinance (Cap. 371). Tobacco itself is not a dangerous drug: it is not in Part I of the First Schedule to the Dangerous Drugs Ordinance (Cap. 134), in the version in force from 18 July 2025 (last amended by L.N. 172 of 2025) as read in the Department of Justice consolidation dated 12 June 2026, as at that consolidation.

Consequences if caught

Searching the First Schedule to Cap. 134 returned 0 for tobacco, 0 for nicotine. Possessing conventional cigarettes as an adult is not an offence under Cap. 134 or Cap. 371 as read; their import is governed by the Dutiable Commodities Ordinance (Cap. 109), whose import provisions were not read for this row. Under the Smoking (Public Health) Ordinance (Cap. 371, consolidated at 3 August 2026), section 15A(1) provides «No person shall sell any conventional smoking product to any person under the age of 18 years», punishable under section 15C(1A) «on summary conviction to a fine at level 4» ($25,000). Tobacco for a heated tobacco device is an alternative smoking product (Schedule 7, item 2.3). Section 13B of the Import and Export Ordinance (Cap. 60, consolidated at 19 September 2025) provides that «A person who imports an alternative smoking product commits an offence», liable «on summary conviction to a fine of $500,000 and to imprisonment for 2 years» or «on conviction on indictment to a fine of $2,000,000 and to imprisonment for 7 years». Section 15DAB of Cap. 371 makes it an offence to possess «a specified alternative smoking product in a public place», a fine at level 3 ($10,000), or a fine at level 5 and imprisonment for 6 months where the aggravating quantities in section 15DAB(7) apply; those quantities set the higher band and are not an allowance. A passenger who arrives at Hong Kong International Airport and does not pass through immigration control is outside section 15DAB(1). This is stated as at the consolidations named in this cell, and for the Dangerous Drugs Ordinance as at the consolidation dated 12 June 2026. Section 50(1) provides that «The Chief Executive may by order published in the Gazette amend the First and Third Schedules», so this does not rule out a later amendment. The Dangerous Drugs Ordinance (Amendment of First Schedule) Order 2026, made by the Chief Executive on 24 September 2026 under section 50(1) and scheduled for gazettal on 2 October 2026, adds N-pyrrolidino isotonitazene, N-desethyl etonitazene and MDMB-FUBINACA to Part I, and its section 1 reads «This Order comes into operation on 27 November 2026.» Those three additions are therefore not in force on 2 October 2026.

If prescribed or medical

Not applicable. Tobacco is not a prescription medicine.

Documentation

Do not bring heated tobacco sticks, e-cigarettes or their refills into Hong Kong: importing an alternative smoking product is an offence under section 13B of Cap. 60 whatever the quantity. Cigarettes and other conventional tobacco are dutiable under Cap. 109; the duty free concession was not read for this row.

Drug laws and enforcement change and vary within a country. This is not legal advice. Always confirm with Hong Kong’s embassy or official drug authority before traveling; penalties can be severe, including imprisonment.