In KCS 30477/2025, Mr Gordon Chan persuaded the Department of Justice to reconsider its earlier rejection of ONE/BO for a Capital Investment Entrant Scheme holder prosecuted for importing IQOS devices and heat sticks. Binding over was allowed in the end, preserving his ability to remain and develop his business in Hong Kong.
A man was permitted to remain in Hong Kong under the Capital Investment Entrant Scheme (CIES), which required applicants to invest at least HK$10 million locally. He has made a substantial investment in Hong Kong and intends to develop his business here in the long term.
Hong Kong has phased in a stringent ban on alternative smoking products. This includes all varieties of e-cigarettes, including vapes and heat sticks. Herbal cigarettes are also banned. While the ban began with an importation and sale ban, it has since been completely banned.
Hong Kong has phased in a stringent ban on alternative smoking products, including e-cigarettes, vapes, heat sticks and herbal cigarettes. The ban began with restrictions on importation, promotion, manufacture and sale, and has since expanded to a complete ban.
On a business tour across China, he packed cartons of IQOS heat sticks and devices. Hong Kong was one of the cities on the itinerary. Across the border, the prohibitions on alternative smoking products are substantially different.
After an initial proposal for binding over was rejected, Mr Gordon Chan was instructed to review the case and made a second set of detailed representations to the Department of Justice. The prosecution agreed to dispose of the case by ONE/BO. The man was bound over without a criminal record, avoiding the serious risk that a conviction would pose to his visa status and long-term plans to relocate and develop in Hong Kong.
Representations to the Department of Justice are fact-sensitive and may succeed even after an initial rejection. For visa holders with substantial local investments, a criminal record from an alternative smoking product offence can jeopardise far more than a fine. Careful navigation of Hong Kong’s rapidly evolving smoking regulations is essential.
Gordon Chan, Esq
Barrister-at-law, Archbold Hong Kong Editor on Public Health, and Member of the Bar Association's Committee on Criminal Law and Procedure. Specialised in medical, technology and criminal law.
