PREVENTION OF CRUELTY TO ANIMALS ORDINANCE

PREVENTION OF CRUELTY TO ANIMALS ORDINANCE

LAWS OF HONG KONG

PREVENTION OF CRUELTY TO ANIMALS ORDINANCE

CHAPTER 169





CHAPTER 169
PREVENTION OF CRUELTY TO ANIMALS ORDINANCE

ARRANGEMENT OF SECTIONS

Section ..................Page

1. Short title ............................. ... ... ... ... ... ... ... 2
2. Interpretation ............................. ... ... ... ... ... ... ... 2

3. Penalty for cruelty to animals .......... ... ... ... ... ... ... ... 2

4. Power of arrests, seizure, entry and search... ... ... ... ... ... ... 3

5. Orders by magistrate .................... ... ... ... ... ... ... ... 4

6. Power to order destruction of animals ..... ... ... ... ... ... ... 5

7. Compensation not payable ............... ... ... ... ... ... ... ... 6
8. Power to make regulations .............. ... ... ... ... ... ... ... 6





CHAPTER 169

PREVENTION OF CRUELTY TO ANIMALS

To prohibit and punish cruelty to animals.

[29 November 1935.]

1. This Ordinance may be cited as the Prevention of Cruelty to
Animals Ordinance.

2. In this Ordinance, unless the context otherwise requires-

'animal' includes any mammal, bird, reptile, amphibian, fish or any other
vertebrate or invertebrate whether wild or tame; (Replaced, 53 of
1979, s. 2)

'health inspector' has the meaning assigned by section 2 of the Public
Health and Urban Services Ordinance; (Added, 30 of 1960, Eight
Schedule)

'health office?' has the meaning assigned by section 3 of the
Interpretation and General Clauses Ordinance; (Added, 30 of 1960,
Eighth Schedule)

'senior veterinary office?' includes any veterinary officer authorized by
the Director of Agriculture and Fisheries to perform the duties of a
senior veterinary officer under this Ordinance; (Replaced, 53 of
1979, s. 2)

'vessel' includes any ship or boat or any other description of vessel
used in navigation.

(Amended, 30 of 1960, Eighth Schedule)

3. (1) Any person who-

(a)cruelly beats, kicks, ill-treats, over-rides, over-drives, overloads,
tortures, infuriates, or terrifies any animal, or causes or procures
or, being the owner, permits any animal to be so used, or, by
wantonly or unreasonably doing or omitting to do any act,
causes any unnecessary suffering or, being the owner, permits
any unnecessary suffering to be so caused to any animal; or

(b)being in charge of any animal in confinement or captivity or in
the course of transport from one place to another, neglects to
supply such animal with sufficient food and sufficient fresh
water; or

(c)conveys or carries, or causes or procures or, being the owner,
permits to be conveyed or carried, any animal in such a manner
or position or in a case, crate or basket of such construction or
such small dimensions as to subject it to unnecessary pain or
suffering; or





(d)loads any animal into or discharges any animal from any vessel
or railway truck on to another vessel or railway truck or on to a
wharf or on to the shore, or on to any platform in such a way or
with such appliances as to subject such animal to needless or
avoidable suffering; or

(e)causes, procures or assists at the fighting or baiting of any
animal, or keeps, uses, manages, or acts or assists in the
management of any premises or place for the purpose, or partly
for the purpose, of fighting or baiting any animal, or permits
any premises or place to be so kept, managed or used, or
receives, or causes or procures any person to receive, money
for the admission of any person to such premises or place; or

employs, or causes or procures or, being the owner, permits to
be employed, in any work or labour any animal which, in
consequence of any disease, infirmity, wound or sore, or
otherwise, is unfit to be so employed; or

(g)brings into the Colony, or drives, carries, transports, removes,
or has or keeps, or knowingly suffers to be had or kept under
his control or on his premises, any animal in any way which
may cause it needless or avoidable suffering,

shall be liable on summary conviction to a fine of $5,000 and to
imprisonment for 6 months. (Amended, 22 of 1950, Schedule and 53 of
1979, s. 3)

(2) For the purposes of this section, an owner shall be deemed to
have permitted cruelty if he shall have failed to exercise reasonable care
and supervision in respect of the protection of the animal thereform:

Provided that where an owner is convicted of permitting cruelty
within the meaning of this Ordinance by reason only of his having failed
to exercise such care and supervision, he shall not be liable to
imprisonment without the option of a fine.

(3) Nothing in this section shall apply to the commission or
omission of any act in the course of the destruction, or the preparation
for destruction, of any animal as food for mankind, unless such
destruction or such preparation was accompanied by the infliction of
unnecessary suffering.

4. (1) Any senior veterinary officer, any other officer of the
Agriculture and Fisheries Department of the grade of Field Officer II and
above and authorized in writing by the Director of Agriculture and
Fisheries, health officer, health inspector or police officer may arrest
without warrant any person who he has reason to believe is guilty of an
offence against section 3 or against any regulation under this Ordinance,
whether upon his own view thereof or upon the complaint and
information of any other person. Any such other person shall declare his
name and place of abode to any such officer

or inspector. (Amended, 53 ol 1979, s. 4)





(IA)(a) Any person (hereinafter referred to as an arrested person)
who is arrested under this section by a person other than a
police officer, shall forthwith be taken to the nearest police
station or given into the custody of a police officer.

(b)Whenever an arrested person is brought to a police station the
provisions of section 52 of the Police Force Ordinance shall
apply.

(c)Whenever an arrested person is given into the custody of a
police officer the provisions of sections 51 and 52 of the Police
Force Ordinance shall apply.

(Added, 53 of 1979, s. 4)

(2) Any animal, conveyance or article concerning or by which any
such offence has been committed may be seized by any such officer or
inspector and taken to a police station or to any convenient place, and
there kept, unless given up sooner by order of a magistrate, until the
charge is decided in due course of law.

(3) Any such officer or inspector may stop in any street or public
place and examine any animal in respect of which he suspects that an
offence has been committed under section 3.

(4) Any senior veterinary officer, health officer, health inspector or
police officer may enter and search any building, vehicle, train, tram,
aircraft or vessel in or on board which such officer or inspector may
have reason to suspect that any offence against any of the provisions
of this Ordinance or of any regulation made thereunder is being or has
been committed. (Amended, 53 of 1979, s. 4)

(Amended, 30 of 1960, Eighth Schedule)

5. (1) When any person has been convicted of an offence under
section 3 or of any regulations made under this Ordinance, the
magistrate may order that any animal in respect of which the offence has
been committed

(a) shall not be used; or

(b)shall be removed to and detained in such place and for such
time as is stated in the order.

(2) Any order that an animal shall not be used or shall be detained
in any place may, instead of stating any period of time, direct that the
animal shall not be used or shall be detained until it recovers, and such
animal shall not be used or shall be detained, as the case may be, until a
senior veterinary officer certifies in writing that it may properly be used
or released.

(2A) (a) If the owner of any animal is convicted of an offence under
section 3 the magistrate may, in addition to any other penalty
or order he may impose or make, make an order depriving such
owner of the ownership of the animal and may make such
order as to the disposal of the animal as he may think fit.





(b)No order shall be made under paragraph (a) unless it is shown
by evidence as to a previous conviction or as to the character
of the owner that the animal, if left with the owner, is likely to be
exposed to further cruelty.

(Added, 53 of 1979, s. 5)

(3) If any animal has been taken to any place in pursuance of an
order made under this section any person who has been convicted of an
offence in respect of such animal shall be liable to pay the prescribed
fees for its maintenance and treatment for so long as it shall remain
therein, and such fees may be recovered as a fine:

Provided that, if the owner of any such animal shall request the
officer in charge of the animal to destroy it, such officer shall forthwith
cause the animal to be destroyed, and no fees shall be payable in
respect of the maintenance or treatment of such animal for any time
subsequent to such request.

(4) Any person who acts in contravention of any order made under
this section shall be liable on summary conviction to a fine of $5,000 and
to imprisonment for 6 months. (Amended, 22 of 1950, Schedule and 53
of 1979, s. 5)

6. Any magistrate, senior veterinary officer, health officer, health
inspector, government medical officer, or police officer not below the
rank of inspector who has satisfied himself by personal inspection

(a)that an animal is so severely injured that it is cruel to keep the
animal alive; or

(b)that an animal is so severely injured or in such a physical
condition that in his opinion, having regard to the means
available for removing the animal, there is no possibility of
removing it without cruelty and that it is cruel to keep it alive; or

(c)that an animal, whether injured or otherwise, is trapped in such
a position as to render it impracticable to effect a rescue and it
is contrary to public health or safety to keep it alive or where an
animal is trapped in such a position that there is no possibility
of removing it without cruelty and it is cruel to keep it alive,
(Added, 53 of 1979, s. 6)

may by order in writing direct such animal to be destroyed, and such
order may forthwith be carried out by or under the direction of such
officer or inspector or of any police officer:

Provided that if any such animal is in any house, stable, shed or
enclosure proper for such animal and not in a street, or other public
place, no such order shall be made until the owner of the animal (if
present) or the person in charge thereof (if any) has been informed of the
state of the animal.

(Amended, 30 of 1960, Eighth Schedule)





7. No compensation shall be payable to any person in respect of the
destruction of any animal in pursuance of an order made under section 6,
or in compliance with a request as provided in section 5(3), by any
person professing to be the owner of such animal, provided in the latter
case that the officer in charge of the animal in good faith believed that
the person making the request was in fact the owner.

8. (1) For the purpose of preventing cruelty the Governor in
Council may make regulations prescribing the conditions under which
animals may be kept in confinement in any place, vessel, train, tram,
aircraft or vehicle, including the licensing, construction and proper
sanitary maintenance of any such place and may by such regulations
prescribe offences and penalties therefor:

Provided that no penalty so prescribed shall exceed the sum of
$2,000 or in the case of a continuing offence the sum of $200 for every
day during which the offence continues.

(Amended, 16 of 1939, s. 2; 22 of 1950, Schedule and 53 of
1979,s.7)

(2) The master of any vessel shall (in addition to the actual
offender) be deemed to be guilty of any contravention of any regulation
which may occur while he is on board his ship and shall be liable to be
proceeded against and punished accordingly.
Originally 44 of 1935. (Cap. 169, 1950.) 16 of 1939. 22 of 1950. 30 of 1960. 53 of 1979. Short title. Interpretation. (Cap. 132.) (Cap. 1.) Penalty for cruelty to animals. Power of arrests, seizure, entry and search. (Cap. 232.) Orders by magistrate. 1911 c. 27, s. 3. Power to order destruction of animals. Compensation not payable. Power to make regulations.

Originally 44 of 1935. (Cap. 169, 1950.) 16 of 1939. 22 of 1950. 30 of 1960. 53 of 1979. Short title. Interpretation. (Cap. 132.) (Cap. 1.) Penalty for cruelty to animals. Power of arrests, seizure, entry and search. (Cap. 232.) Orders by magistrate. 1911 c. 27, s. 3. Power to order destruction of animals. Compensation not payable. Power to make regulations.

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