E. Manufacture of Liquor

E. Manufacture of Liquor

Under section 17(3AB) of the Dutiable Commodities Ordinance (Cap. 109), any person who manufactures alcoholic liquor must apply to the Customs and Excise Department for the relevant licence, unless the home brewing exemption applies (see below). Failure to do so constitutes a criminal offence and is liable to a maximum fine of $1,000,000 and imprisonment for 2 years. If the offence involves an intention to avoid payment of duty, an additional fine of up to 10 times the amount of duty payable may be imposed.

However, under the existing legislation, manufacturing liquor with an alcoholic strength not exceeding 30% by volume measured at a temperature of 20°C (including beer and wine), whether for commercial or non-commercial purposes, does not require a manufacturing licence.

Home brewing

Under section 64A of the Dutiable Commodities Ordinance, a person aged 18 or over is legally allowed to manufacture alcoholic liquor at home without a licence, as long as certain conditions are met.

A person may manufacture alcoholic liquor (such as beer or wine) at their residence, provided the drink is not made by distillation and is not intended for sale. The place where the home‑made liquor is made must be used exclusively as that person’s residence and must form a separate household unit.

A person may have up to 50 litres in total of this home‑made liquor anywhere in Hong Kong, of which up to 50 litres may be stored at the home where it is produced.

The home‑made liquor may be kept in sealed containers, which are clearly marked the words “Home Brewed, Not for Sale” or “家中自釀，不得售賣”, or it may be produced for immediate consumption.

A person is permitted to keep brewing equipment (other than any still) at their home. They may also keep up to 60 litres of fermenting or fermented materials on the premises.

The burden is on the person who rely on the home‑brewing exemption to prove that these conditions are met.