Lawmakers concerned over lack of e-cigarette sale penalties for minors in smoking bill

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Proposed amendments to the smoking control law would expand outdoor smoking bans, but lawmakers have raised concerns over the lack of specific penalties for selling e-cigarettes and other emerging tobacco products to minors.

The Legislative Assembly’s Third Standing Committee has begun its detailed review of the smoking control bill, which amends 13 existing articles and adds three new ones across five key areas – including expanded outdoor smoking bans and a prohibition on e-cigarette consumption or possession.

As noted, new smoke-free outdoor areas will be designated by the chief executive, with smoking banned within 10 meters of entrances to crowded venues such as schools and hospitals.

Current law bans tobacco sales to minors with a MOP20,000 fine, but lawmakers are concerned that the draft amendment lacks specific penalties for selling e-cigarettes and other emerging smoking products to minors, and they are seeking clarification from the proposer on the legislative intent.

During the initial article-by-article scrutiny of the draft amendment to the smoking control legislation, questions emerged regarding how smoking prohibition zones should be delineated in light of practical circumstances.

Committee chairperson Leong Sun Iok remarked at a post-session press briefing: “The committee has also taken an interest in the establishment of temporary no-smoking zones during large-scale outdoor events and hopes that the proposer can offer further elaboration. Specifically, some legislators have inquired whether conditions would permit the implementation of no-smoking zones at large concerts and open-air concerts, and we would likewise request the government to provide further details.”

Briefing the media on the closed-door deliberations, Leong highlighted concerns regarding the specific criteria that competent authorities would employ in delineating smoking prohibition zones.

The committee acknowledged that proposed measures, including the expansion of outdoor no-smoking areas, would help reduce public exposure to second-hand smoke, further safeguarding public health, and mitigating the impact of second-hand smoke on pedestrians, patients, pregnant women, and children.

Referring to the bill’s provision to prohibit the consumption or possession of e-cigarettes in existing smoking-permitted or exception-permitted collective-use venues, as well as in any outdoor collective-use spaces – with offenders subject to a MOP1,500 fine – Leong stated that while the committee endorses stronger controls on e-cigarette possession, it has reservations regarding the practical enforceability of the measures.

The committee considers the bill’s definition of e-cigarettes to be overly broad and potentially overlapping with other emerging smoking products, which could undermine regulatory effectiveness. It has therefore recommended that the proposer clarify the definitional boundaries to ensure the law is applied with clarity.

According to Leong, the committee is cognizant that neighboring jurisdictions have successively enacted legislative bans on the sale of flavored cigarettes.

However, the current draft amendment does not incorporate any regulatory measures addressing flavored cigarettes. The committee has therefore expressed its expectation that the proposer will clarify the government’s policy approach to flavored cigarette control.

Meanwhile, the proposed legislation introduces a standardized packaging regime and mandates an increase in the proportion of health warning labels. Given that existing regulations already require tobacco packaging designs to be renewed at least once every 12 months, an 18-month transitional period has been recommended to prevent the industry from facing undue adjustment pressure within a compressed timeframe.