When water is basically free and all F&B outlets have a filtration system - why charge?

By HK Lawyer AJ Halkes Barrister-at-Law

AJ Halkes
February 9, 2026
2:41 pm

When water is basically free, and all F&B outlets have a filtration system, is it illegal to not allow people to drink water unless they pay for it?

Well, every premises or business can decide under what terms and conditions it allows a customer in. But if there is no such thing as a cup of water without a charge, it looks very much like a “cover charge”.

“Tea Money” is a traditional concept in Hong Kong at many Chinese restaurants that charge a few dollars per person few dollars for tea. In others, you might be given a plate of pickles and charged for them, which is often optional. I have discussed this in the past, but have now seen this slowly appearing in the wider Food and Beverage area.

A couple of US dollars for unlimited may seem a small price to pay, and adds income, so I am not convinced this trend will reverse. Most people will want a drink with their meal, but not everyone wants alcohol, fizzy drinks, or sugary options. However, if you say you only want water, at least at this location, you are out of luck unless you are willing to pay.

Interestingly, unlike some traditional Chinese restaurants in Hong Kong that never clearly displayed the pricing structure for tea, this operator is being transparent and telling customers upfront what to expect.

Full credit for transparency. On the negative side, it feels slightly desperate to try and extract nearly US$2 per customer for the privilege of dining in the first place, which is effectively what this is.

If you need specific input regarding a strategic Hong Kong challenge or related legal matters in the HKSAR, you can always DM me and check out my profile at https://www.ajhalkes.com

HongKong FNB Hospitality CustomerExperience RestaurantBusiness LegalInsight BusinessStrategy Transparency DiningCulture HKBusiness

When water is basically free and all F&B outlets have a filtration system - why charge?

By HK Lawyer AJ Halkes Barrister-at-Law

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