Hong Kong has set a target of reducing the smoking rate to 7.8% next year. The government recently announced 10 short-term tobacco control measures, including banning smoking in queues, prohibiting alternative smoking products, and expanding designated no-smoking areas to include childcare centers, schools, nursing homes, and public healthcare facilities. However, the regulation of the “train head” behavior, commonly known as smoking while walking, does not yet have a timetable for implementation. Secretary for Food and Health, Lu Chung-mau, mentioned that they aim to submit corresponding legislative proposals to the Legislative Council by the end of this year for approval within the current legislative session.
The 10 short-term measures also include expanding the statutory no-smoking areas to cover entranceways of childcare centers, schools, nursing homes, public healthcare facilities, and enlarging existing no-smoking zones. The fine for violating smoking quotas, which were established in 2009 but have not been adjusted, will be doubled from $1,500 to $3,000.
Retail sales of traditional tobacco products will be further regulated by implementing plain packaging with graphic health warnings covering 100% of the cigarette packaging, and banning the sale of flavored cigarettes. Mid-term considerations involve placing tobacco products out of sight and reach of customers, strengthening regulations on retail operations, standardizing the appearance of cigarette packs, and regulating nicotine content.
Authorities are proposing a ban on selling tobacco products to minors. When asked about the responsibilities of providing evidence and penalties, Lu Chung-mau mentioned that they will refer to the current mechanism for handling child abuse cases to investigate how minors access tobacco products. The controversial “smoke-free generation” measure, which prohibits citizens born after a certain date from buying cigarettes, is categorized as a long-term research measure. Lu Chung-mau believes that this “ultimate measure” is more contentious and will not be implemented in the short term, and he did not commit to whether it could be enforced during the current government’s term.
Regarding concerns about whether smoking restrictions limit citizens’ freedom of choice, Lu Chung-mau used the Chinese character for “smoke” to metaphorically represent the addictive nature of nicotine trapping smokers, leading them to lose their freedom of choice. He emphasized that even in the history of tobacco, where smokers had the freedom to choose not to smoke, that freedom was also limited. Therefore, under the smoking ban policy, he believes that smokers still have the freedom to choose.
The “train head” behavior, which is of most concern to citizens, will initially be regulated in areas where people queue for public transportation or in certain public places such as theme parks, entertainment venues, buses, public healthcare facilities, and public swimming pools. Deputy Secretary for Food and Health, Lee Lik-kwan, expressed that the concept of queuing is easily understood, and this measure aims to change smoking culture and create a social atmosphere where people are discouraged from smoking while waiting in line.
When asked how to define “walking” and whether they considered experiences from other places, Lee Lik-kwan mentioned that at this stage, they need to consider how to define “walking and smoking,” such as enforcement when pedestrians stop during their walk. If a smoker stands by a queue smoking, considerations should be made on whether they had the intention to queue, to avoid misunderstandings and disputes. He noted that many citizens strongly oppose this measure, but imposing bans is not new, as similar regulations exist in Beijing and Singapore.
Earlier, a tobacco tax increase to 75% was introduced, with criticisms from civil groups arguing that this would boost the circulation of illicit cigarettes. Customs and Excise Department Commissioner, Ho Pui-shan, responded by stating that there is no direct causal relationship between illicit cigarettes and the tax hike. She cited 2020 data analysis showing that the increase in illicit cigarettes was curbed due to enhanced interception measures at the source and changes in enforcement strategies. She also mentioned that seized illicit cigarettes, apart from supplying local residents, might also be stored in Hong Kong before being transported to other regions, thus the rise in illicit cigarettes does not necessarily mean they all entered the local market.
Ho Pui-shan further explained that after normalcy was restored and full clearance was resumed in Hong Kong last year, legally taxed cigarettes amounted to 2.972 billion in 2020, compared to 3.374 billion during the pandemic in 2019, which aligns with the decline in smoking rates. Therefore, the notion that “tax hikes lead to reductions” does not hold true. She indicated that a large-scale enforcement operation carried out between February and May this year resulted in the detection of 4,726 cases, confiscating 139 million illicit cigarettes and 1,630 kilograms of other tobacco products, with a market value of approximately $625 million and a taxable value of $454 million. The operation led to the arrest of 4,347 individuals.
However, she mentioned that there is currently no definition of illicit cigarettes in the legislation. Since the packaging is identical to legally taxed cigarettes and sold at lower prices, often below the tobacco tax, and lacking identification markings, criminals frequently pass them off as legal, making enforcement and evidence gathering challenging for customs.
The proportion of illicit cigarettes in total seizures has increased from 5% in 2023 to 17% in the first five months of this year. Ho Pui-shan believes that the rise in illicit cigarettes indicates a trend towards their widespread distribution and the increasing organization of illegal cigarette groups. Consequently, more effective measures are needed to combat this, including raising the penalties for trading illicit cigarettes to a fine of $2 million and a prison sentence of seven years, and listing the offense in the Schedule of the Organized and Serious Crimes Ordinance. Retailers must prove that their products are legally taxed if they sell items priced lower than legally taxed cigarettes; otherwise, customs can presume they are untaxed.
Legislative Council member for the wholesale and retail sectors, Shiu Ka-fai, agrees with the measures to ban smoking while queuing and adding labels to legally taxed cigarettes; however, he believes that regulating flavored cigarettes, such as menthol cigarettes, would undermine citizens’ freedom of choice and affect Hong Kong’s international metropolitan image. He pointed out that when visitors from other countries are allowed to smoke flavored cigarettes in their own nations but are prohibited from doing so in Hong Kong, it may impact their desire to visit or do business in the city, potentially affecting its economy. He urged the authorities to strike a balance when formulating such policies.
On the other hand, medical and health sector councilor Lam Kit-huen disagreed, likening smoking to “sugar-coated poison,” and expressing concerns that young people are easily enticed by the flavors of flavored cigarettes. He stressed that Hong Kong’s attractiveness as a smoke-free, healthy city is its appeal as an international metropolis. Regarding the lack of a timeline for the “smoke-free generation” policy, Lam Kit-huen emphasized that the longer the policy is delayed, the more people will continue to smoke, urging the authorities to actively consider and implement it promptly.