E-cigarettes banned in Macau, parallel trade feared

The Legislative Assembly (AL) has passed, on its final reading, the amendments to the smoking law banning the import, sales, and transport into Macau of all types of electronic cigarettes
(e-cigarettes).

The new law, which is yet to be published, will enter into force 90 days after its publication in the government’s official gazette.

For the time being, the consumption of these types of products, which include all kinds of e-cigarettes, with or without nicotine as well as heated tobacco products, will be not forbidden, which means that all those people possessing these types of products can continue to use them even after the new law enters into force.

Such a fact generated most of the debate around the bill, with several lawmakers calling on the government to enforce stricter measures aiming at a full ban on consumption too.

On this topic, both the president of the First Standing Committee of the AL, Ella Lei, as well as the Secretary for Social Affairs and Culture, Elsie Ao Ieong, explained and reaffirmed the matter, stating that the legislative intent of the government to leave consumption out of the ban precisely aims to “give enough time for the users who still have stock of the products to be able to consume them,” both said. 

One lawmaker against the non-banning of consumption was Leong Sun Iok, who also expressed concerns over the problem of parallel trading. For the lawmaker, “leaving the loop open” will attract more people to the illegal importation of these products.

“The government says that [there] should be only a small quantity of stock of these products in Macau, so why not add a prohibition after this stock is over?” Leong said, adding, “The acquisition of these products online or via postal parcels has always been a common way to get the product, how can we guarantee that this does not continue to happen and that there are no illicit ways in place […] to continue to supply to Macau?”

Also agreeing with the ideas expressed by Leong was Ron Lam, who called on the government to establish a transition period in the law, from which time consumption would automatically be banned.

On the government side, Secretary Ao Ieong noted the need to have a balanced law in line with society as, she recalled, “tobacco products consumption is not banned in Macau, just limited,” she said, adding that the government’s intention is that people stop the consumption of their own initiative and will not move from e-cigarettes to regular cigarettes just because the former is prohibited.

As for a transition period, the Secretary noted the government aims to review this law every three years, hinting that, in the next revision, this could be considered following the idea of progressive enforcement of added restrictions.

“Every three years we are reviewing the law and, at that time, we will consider the possibilities of a ban and also increasing the price of tobacco and taxes on the products, among others,” she said, adding that, at this moment, to enforce a measure that would directly affect the purse of the residents would “aggravate […] economic pressure.”

Reaffirming that there are no legal means to import these products, Ao Ieong also said that the government will reinforce inspections to avoid parallel trade.

Lawmaker Lam had also called for the reinforcement of inspections of cars for smoking while driving vehicles as well as calling for a ban of “smoking while walking on the streets.”

On the last matter, Ao Ieong said that there are no conditions to establish in Macau smoking zones as they exist in other places due to the fact that most streets are very narrow.

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