DOGS AND CATS ORDINANCE

DOGS AND CATS ORDINANCE

LAWS OF HONG KONG

DOGS AND CATS ORDINANCE

CHAPTER 167





CHAPTER 167.

DOGS AND CATS.

To regulate the keeping and control of dogs and cats and to provide
for the supression of rabies.

[6th January, 1950.1

1. This Ordinance may be cited as the Dogs and Cats Ordinance.

2. In this Ordinance, unless the context otherwise requires

'cat' includes the male and female animal of any age;

'Director' means the Director of Agriculture and Fisheries;

(Added, 18 of 1956, s. 2)

'dog' includes the male and female animal of any age;

'New Territories' does not include New Kowloon;

'vessel' includes any kind of water-borne craft;

'veterinary officer' includes the senior veterinary officer and any
veterinary officer appointed by the Governor to perform the duties
of a veterinary officer and also any veterinary surgeon for the time
being performing the duties of the senior veterinary officer or a
veterinary officer.

3. (1) The Governor in Council may by regulation provide

for

(a)controlling dogs and cats and their importation, movement,
slaughter and sale, and for the prohibition of the sale of the
flesh of dogs and cats;

(b) licensing dogs;

(c)authorizing the inspection, seizure, detention, destruction or
other disposition of dogs and cats and their carcases;

(d)the prevention and control, whether by inoculation,
disinfection or otherwise of rabies or the spreading of rabies;

(e) regulating dogs' or cats' homes and dog or cat shows;

(f)the fees payable on the grant or renewal of any licence or
permit under this Ordinance; (Replaced, 61 of 1967, s. 3)

(g)the recovery by Government or by any authority of expenses
incurred in enforcing or otherwise in connexion with the
regulations.





(2) It is hereby declared that any regulation made hereunder may
provide

(a)that an offence against the regulations shall be deemed to have
been committed, notwithstanding that there has been no guilty
intent or knowledge or negligence on the part of the person
charged;

(b)that the burden of proof shall in any particular case lie upon the
person charged;

(c)generally, as to the circumstances in which an offence against
the regulations shall be committed or deemed to have been
committed;

(d)that any licence, permit or authority issued under such
regulations shall be issued subject to such conditions as an
officer or person specified in the regulations shall impose.

(Amended, 61 of 1967, s. 3)

4. (1) The Governor may by order published in the Gazette prescribe
the fees payable in any of the following cases

(a)for the inoculation of any dog in accordance with this
Ordinance by a public officer;

(b)in respect of the detention of any dog or cat under this
Ordinance in an observation kennel, a quarantine station or any
other place.

(2) Any inoculation fee payable pursuant to an order under
subsection (1) shall be payable on demand.

(3) Any fees, other than inoculation fees, payable in respect of any
dog or cat pursuant to an order under subsection (1) shall be payable on
demand and any such fees unpaid at the time a dog or cat comes to be
removed from an observation kennel, a quarantine station or other place
in which it has been detained under this Ordinance shall be paid before
the dog or cat is removed.

(4) If a dog or cat which has been detained under this Ordinance in
an observation kennl or quarantine station is not removed therefrom
within seven days after the expiry of the observation or quarantine
period decided or prescribed under this Ordinance, a veterinary officer
may cause the dog or cat to be destroyed, sold or otherwise disposed of.

(5) Where a dog or cat is sold under subsection (4), a veterinary
officer may deduct from the proceeds of sale any fees payable in respect
of the dog or cat pursuant to an order under subsection (1) and shall pay
the balance thereof to the person by whom the dog or cat was owned at
the time it was sold or to some person on his behalf.

(Added, 61 of 1967, s. 4)





5. (1) If it appears to a magistrate on complaint that any dog is
dangerous and is not kept under proper control, the magistrate may
make an order that the said dog be either destroyed or kept under proper
control.

(2) Such order may be made either against the owner or against any
person appearing to have the custody, control or care of the dog.

(3) If the person against whom the order is made fails to
comply therewith he shall be liable to a fine of fifty dollars for
every day on which he fails to comply therewith.

6. (1) Any police officer, or any officer of the Agriculture and
Fisheries Department authorized in writing for the purposes of this
section by the Director, may

(a)subject to subsection (4), enter and search any premises or
place, or board and search any vessel or aircraft, in which he
has reason to believe there is

(i) a rabid dog or cat or a dog or cat which may be rabid;

(ii) a dog or cat which has been or may have been in contact
with a rabid dog or cat or a dog or cat which may be rabid;

(iii) a dog or cat which has bitten any person;

(iv) evidence of a contravention of any provision of this
Ordinance relating to the importation, movement or slaughter
of dogs or cats or the sale or use of the flesh of dogs or cats;

(b) seize, shoot or otherwise destroy-

(i) any dog or cat which appears to him to be rabid or
suffering from any other infectious disease; or

(ii) any dog which appears to him to be neither licensed nor
under the control of any person;

(c)inspect, seize, remove and detain any dog or cat in respect of
which it appears to him that any provision of this Ordinance
relating to the importation of dogs or cats has been
contravened;

(d)inspect, seize, remove and detain the carcase or flesh of any
dog or cat which it appears to him has been slaughtered, sold
or used in contravention of any provision of this Ordinance.

(2) Any police officer or any officer of the Agriculture and Fisheries
Department may

(a)break open any outer or inner door of any premises or place
which he is empowered to enter and search by or under this
section;





(b)forcibly enter any vessel or aircraft which he is empowered by
this section to board and search;

(c)detain any person found in any such premises or place or on
board any such vessel or aircraft until the same has been
searched;

(d)remove by force any person or thing obstructing any search,
inspection, seizure, removal or detention which he is
empowered by or under this section to make.

(3) If a veterinary officer has reason to believe that a dog or cat has
been or may have been in contact with a rabid dog or cat or a dog or cat
which may be rabid, he may shoot or otherwise destroy the dog or cat or
cause the same to be shot or otherwise destroyed.

(4) No premises or place used solely for dwelling purposes shall be
entered or searched under sub-paragraph (iv) of paragraph (a) of
subsection (1) except pursuant to the warrant of a magistrate issued
under subsection (5).

(5) If a magistrate is satisfied by information on oath that any police
officer, or any officer of the Agriculture and Fisheries Department
authorized in writing for the purposes of this section by the Director, has
reason to believe that there is in any premises or place used solely for
dwelling purposes evidence of a contravention of any provision of this
Ordinance relating to the importation, movement or slaughter of dogs or
cats or the sale or use of the flesh of dogs or cats, he may issue a
warrant authorizing any police officer, or any officer of the Agriculture
and Fisheries Department authorized in writing for the purposes of this
section by the Director, to enter and search such premises or place.

(Replaced, 61 of 1967, s. 5)

7. Any person who obstructs any detention, arrest, search, seizure,
removal, killing or destruction authorized by or under this Ordinance
shall be guilty of an offence and shall be liable to a fine of one
thousand dollars and to imprisonment for six months.
Originally 1 of 1950. (Cap. 167, 1950.) 18 of 1956. 61 of 1967. Short title. Interpretation. Regulations. Governor to prescribe certain fees, etc. Dangerous dogs. [cf. 34 & 35 Vict. c. 56, s. 2.] Powers of police officers and authorized officers. Prohibition of obstruction to detention, etc.

Originally 1 of 1950. (Cap. 167, 1950.) 18 of 1956. 61 of 1967. Short title. Interpretation. Regulations. Governor to prescribe certain fees, etc. Dangerous dogs. [cf. 34 & 35 Vict. c. 56, s. 2.] Powers of police officers and authorized officers. Prohibition of obstruction to detention, etc.

https://oelawhk.lib.hku.hk/items/show/2749

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