WILD ANIMALS PROTECTION ORDINANCE

WILD ANIMALS PROTECTION ORDINANCE

LAWS OF HONG KONG

WILD ANIMALS PROTECTION ORDINANCE

CHAPTER 170





CHAPTER 170

WIELD ANIMALS PROTECTION ORDINANCE

ARRANGEMENT OF SECTIONS

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

1. Short title ............................. ... ... ... ... ... ... ... 2
2. Interpretation ............................. ... ... ... . ... ... ... 2
3. [Repealed] ................................. ... ... ... ... ... ... 3

4. Hunting of protected wild animals prohibited ... ... ... ... ... ... 3

5. Protection of nests and eggs ............... ... ... ... ... ... ... 3

6. [Repealed] ................................. ... ... ... ... ... ... 3

7. Hunting by certain means prohibited ..... ... ... ... ... ... ... 3

8. Possession of protected wild animals .... ... ... ... ... ... ... ... 3
9. Sale or export of protected wild animals ... ... ... ... ... ... ... 3

10-12. [Repealed] ............................ ... ... ... ... ... ... ... 3

13. Entry in restricted areas.... ... ... ... ... ... ... ... ... ... ... 4

14...........[Repealed] ....................... ... ... ... ... ... ... ... ... 4
15...........Special permits .................. ... ... ... ... ... ... ... ... ... 4
16...........Nature wardens ................ ... ... ... ... ... ... ... ... ... 4

17. Powers of inspection and arrest ........... ... ... ... ... ... ... ... 4

18................Offences and penalty ..... ... ... ... ... ... ... ... ... ... ... 5

19.............Burden of proof ................ ... ... ... ... ... ... ... ... ... 5

20...........Forfeiture ....................... ... ... ... ... ... ... ... ... 5

21.......................Compensation for damage to crops ... ... ... ... ... ... ... ... 6

22. Power to amend Schedules ............... ... ... ... ... ... ... ... 6

23. Cancellation of game licences and refund of fees ... ... ... ... ... 6

First Schedule [Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... 6 Second Schedule Protected wild
animals ... ... ... ... ... ... ... ... ... 7 Third Schedule [Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... 9
Fourth Schedule [Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... 9

Fifth Schedule [Deleted] 9
Sixth Schedule....................Areas in which entry or presence is restricted ... ... ... ... 9

Seventh Schedule [Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... 9
Eighth Schedule (Deleted] ... ... ... ... ... ... ... ... ... ... ... ... ... 9





CHAPTER 170

WILD ANIMALS PROTECTION

Tomake provision for the conservation of wild animals, and for
purposes connected therewith.

[23 January 1976.1

1. This Ordinance may be cited as the Wild Animals Protection
Ordinance.

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

'animal' means any form of animal life other than fish and marine
invertebrates; (Amended, 58 of 1980, s. 2)

'arms' includes

(a)any firearm of any description from which any shot, bullet or
other missile can be discharged;

(b)any air gun, air rifle or air pistol from which any shot, bullet or
other missile can be discharged; and

(c)any propelling or releasing instrument or mechanism, from or
by which any shell, cartridge or projectile can be discharged;

'authorized officer' means a

(a) police officer;

(b) justice of the peace;

(c)nature warden or honorary nature warden appointed under
section 16; (Amended, 58 of 1980, s. 2)

(d)forest officer under the Forests and Countryside Ordinance; or

(e) fisheries inspector under the Fisheries Protection Ordinance;

'Director' means the Director of Agriculture and Fisheries;

'hunt' includes any act immediately directed at the killing or capture of
any wild animal or the taking of any nest, egg, or young of any wild
animal; (Amended, 58 qf 1980, s. 2)

'hunting appliance' means any net, gin, snare, poison or poisoned
weapon, bird lime, trap or bright light;

'live decoy' means a live animal intended for use in attracting any other
animal;

'protected wild animal' means any wild animal specified in the Second
Schedule;

&&special permit' means a special permit issued under section 15;





'wild animal' means any animal which is not bred or kept in
domestication.
(Amended, 58 of 1980, s. 2)

3. [Repealed, 58 of 1980, s. 151

4. No person shall hunt any protected wild animal.

5. No person shall take, remove, injure, destroy or wilfully
disturb a nest or egg of any protected wild animal.
(Amended, 58 of 1980, s. 3)

6. [Repealed, 58 of 1980, s. 151

7. (1) No person shall hunt any wild animal by means of-

(a) a live decoy or the emission of recorded noises;

(b) any pitfall;

(c) any arms; or

(d)any hunting appliance other than a hunting appliance
approved by the Director for the purposes of this section
by notice in the Gazette.

(2) No person shall have in his possession any hunting
appliance other than a hunting appliance approved by the Director
for the purposes of this section by notice in the Gazette, or make a
pitfall for the purpose of hunting any wild animal.
(Replaced, 58 qf 1980, s. 4)

8. No person shall have in his possession or under his
control-

(a) any live protected wild animal taken in Hong Kong;

(b)any dead protected wild animal, or part of a protected
wild animal, killed or taken in Hong Kong; or

(c)any nest or egg of any protected wild animal taken in
Hong Kong.
(Replaced, 58 of 1980, s. 5)

9. No person shall buy, sell, export or offer for sale or export-

(a)any protected wild animal, or part of a protected wild
animal, killed or taken in Hong Kong; or

(b)any nest or egg of any protected wild animal taken in
Hong Kong. (Amended, 58 of 1980, s. 6)

10-12. [Repealed, 58 of 1980, s. 151





13. (1) Subject to subsection (2), no person shall, except in
accordance with a permit in writing granted by the Director, enter
into or be within any area specified in the Sixth Schedule during
the period specified in respect thereof in that Schedule. (Amended,
58 of 1980, s. 7)

(2) Subsection (1) shall not apply to-
(a)a public officer or a member of Her Majesty's forces on
duty within any such area; (Amended, 44 of 1976, s. 3)

(b)a person engaged on public works within any such area;
or
(c) a person ordinarily resident in such specified area.

(3) A person who under subsection (2) lawfully enters or is
within any area specified in the Sixth Schedule shall not-
(a)unless he is a police officer or a member of Her Majesty's
forces or the Customs and Excise Service on duty, be in
possession of any arms; (Amended, 44 of 1976, s. 3 and
58 of 1980, s. 7)
(b) be in possession of any hunting appliance; or

(c) hunt any wild animal.

14. [Repealed, 58 of 1980, s. 151

15. Notwithstanding any provision of this Ordinance, the
Director may grant to any person a special permit in writing, upon
such conditions as he thinks fit, to do anything which is prohibited
under this Ordinance.

16. The Governor may appoint any person to be a nature
warden or honorary nature warden for the purposes of this Ordin-
ance and any such appointment shall be published in the Gazette.
(Amended, 58 of 1980, s. 8)

17. (1) If an authorized officer finds a person hunting or has
reasonable grounds for believing that a person has been hunting or
is about to hunt, he may require such person to produce for inspec-
tion his special permit. (Amended, 58 of 1980, s. 9)

(2) If an authorized officer has reasonable grounds for believing
that a person has committed an offence under section 18, he may-
(a) arrest such person; and

(b) seize-
(i) any protected wild animal, or part of any protected
wild animal;
(ii) any nest or egg of any protected wild animal; or
(Amended, 58 qf 1980, s. 9)
(iii) any arms, hunting appliance, live decoy or device
for the emission of recorded noises,





whether in the possession of such person or not, in respect of
which the authorized officer has reason to believe that the
offence was committed.

(3) Where an authorized officer arrests a person under subsection
(2) he shall forthwith take such person to the nearest police station and
shall there hand him over to the custody of a police officer and
thereupon the provisions of section 52 of the Police Force Ordinance
shall apply.

(4) If any thing seized under subsection (2) is perishable, the
Director may cause it to be sold or otherwise disposed of forthwith.

18. Any person who-

(a)contravenes section 4, 5, 7, 8, 9 or 13; (Amended, 58 of 1980,s.
10)

(b)without lawful excuse fails to comply with a requirement of an
authorized officer under section 17(1); or

(c)wilfully resists or obstructs an authorized officer exercising
any power under section 17(2),

shall be guilty of an offence and-

(i) if the offence was committed in respect of a protected wild
animal, shall be liable on conviction to a fine of $5,000; and

(ii) in any other case, shall be liable on conviction to a fine of
$3,000.

19. Where in any proceedings for an offence under section 8 or 9
(read with section 18) it is alleged that

(a)any protected wild animal was killed or taken in Hong Kong;
or

(b)any nest or egg of any protected wild animal was taken in
Hong Kong,

it shall be so presumed, until the contrary is proved by the person
charged with the offence.

(Amended_58 of 1980, s. II)

20. Where a person is convicted of an offence under section 18, a
magistrate may order

(a)any protected wild animal, or part of any protected wild
animal;

(b) any nest or egg of any protected wild animal; or

(c)any arms, hunting appliance, live decoy or device for the
emission of recorded noises,

in respect of which the offence is committed to be forfeited to the

Crown.

(Amended, 58 of 1980, s. 12)





21. (1) If any damage is caused to growing crops by a person, or by
his attendants or dogs, whilst engaged in hunting, he shall be liable to
pay to the owner of the crops by way of compensation such sum of
money as a magistrate may, on hearing a complaint under Part II of the
Magistrates Ordinance, order.

(2) Any compensation ordered to be paid under subsection (1)

(a) shall be paid within 7 days after the date of the order; or

(b)shall, if not paid in accordance with paragraph (a), be recovered
as if it were a fine imposed by a magistrate under this
Ordinance.

22. (1) The Governor may by order published in the Gazette amend
any Schedule.

(2) Where the Governor amends the Sixth Schedule, an amendment
of an area specified in that Schedule or the insertion therein of a new
area shall be described by reference to a plan signed and dated by the
Director and deposited in the Land Office, Victoria, and such plan shall
be available for inspection at the Land Office, Victoria, and copies of it
shall be available for inspection at every District Office in the New
Territories.

(Amended, 58 of 1980, s. 13)

23. (1) All game licences issued under the repealed section 14 are
cancelled with effect from 1 January 1981.

(2) Any person who immediately before 1 January 1981 was the
holder of a game licence which is cancelled by subsection (1) may apply
for and be granted by the Director a refund of that proportion of his
licence fee that the number of days remaining in the unexpired term of
his licence bears to 365.

(3) Any refund of licence fee which has not been applied for within
12 months after 1 January 1981 shall be irrecoverable.

(58 of 1980, s. 16, incorporated)

FIRST SCHEDULE

[Deleted, 58 of 1980, s. 151





SECOND SCHEDULE [ss. 2 & 22.]

PROTECTED WILD
ANIMALS

Note: The protected wild animals are those specified in Column 2. The names given in Column 1, Column 3 and Column 4 are for
information only.

Column 1 Column 2 Column 3 Column 4
MAMMALIA MAMMALS

CHIROPTERA Chiroptera, all species of all genera and all Bats
families

PRIMATES Primates, all species of all genera and all Primates (monkeys etc.)
families except an individual of the family
Hominidae (man)
PHOLIDOTA
Manidae Manis pentadactyla Chinese Pangolin

RODENTIA
Hystricidae Hystrix hodgsoni Chinese Porcupine
Sciuridae Sciuridae, all species of all genera and all Squirrels
families
CETACEA Cetacca, all species of all genera and all Cetaceans (Dolphins, whales, porpoises)
families
CARNIVORA

Canidae Vulpes vulpes Common Red Fox
Viverridae Herpestes urva Crab-eating Mongoose
Paguma larvata Masked Palm Civet
Viverricula indica Small Indian Civet
Viverra zibetha Large Indian Civet





Column 1 Column 2 Column 3 Column 4
Mustelidae Lutra lutra Otter

Melogale moschata Chinese Ferret Badger
Felidae Felis bengalensis Leopard Cat
SIRENIA
Dugongidae Dugong, all species Dugongs
ARTIODACTYLA
Cervidae Muntiacus reevesi Reeves' Muntjac or Barking Deer
AVES BIRDS

All wild birds

REPTILIA REPTILES

TESTUDINES Testudines, all species of all genera and all Chelonians (Turtles, terrapins, tortoises etc.)

families
SERPENTES
Boidae Python molurus bivittatus Burmese Python

INSECTA INSECTS

LEPIDOPTERA
Papilionidae Troides helena Birdwing Butterfly

(Replaced, 58 of 1980, s. 14)





THIRD, FOURTH AND FIFTH SCHEDULES
[Deleted, 58 of 1980, s. 15)

SIXTH SCHEDULE [ss. 13 & 22.1]

AREAS IN WHICH ENTRY OR PRESENCE 15 RESTRICTED

Area A Restricted Period

Fung Shui wood behind the village of From 1 April to 30 September, both

Yim Tso Ha, Starling Inlet, New days inclusive.

Territories.

Area A is delineated and marked in yellow on a plan entitled 'Wild Birds and
Wild Mammals Protection Ordinance (Seventh Schedule)' which was signed by the
Director of Agriculture and Fisheries on 3 June 1971 and deposited in the Land
Office, Victoria. The plan may be inspected at the Land Office, Victoria, and
copies of the plan are available for inspection at all the District Offices in the New
Territories.

Area B Restricted Period L.N.210/78.
210178.
Part of the Deep Bay Marshes, other- At all times.
wise known as the Mai Po Marshes
and all of the mangrove swamps
which adjoin the said part.

Area B is delineated and marked in red on a plan entitled 'Wild Animals
Protection Ordinance (Chapter 170), Sixth Schedule, Area W' which was signed by
the Director of Agriculture and Fisheries on 16 August 1978 and deposited in the
Land Office, Victoria. The plan may be inspected at the Land Office, Victoria and
copies are available for inspection at all District Offices in the New Territories.

SEVENTH AND EIGHTH SCHEDULES

[Deleted, 58 of 1980, s. 15]
Originally 5 of 1976. 44 of 1976. L.N. 226/76. L.N. 70/78. L.N. 210/78. L.N. 262/78. L.N. 302/78. 58 of 1980. Short title. Interpretation. (Cap. 96.) (Cap. 171.) Second Schedule. Hunting of protected wild animals prohibited. Protection of nests and eggs. Hunting by certain means prohibited. Possession of protected wild animals. Sale or export of protected wild animals. Entry in restricted areas. Sixth Schedule. Special permits. Nature wardens. Powers of inspection and arrest. (Cap. 232.) Offences and penalty. Burden of proof. Forfeiture. Compensation for damage to crops. (Cap. 227.) Power to amend Schedules. Cancellation of game licences and refund of fees. L.N. 210/78.

Originally 5 of 1976. 44 of 1976. L.N. 226/76. L.N. 70/78. L.N. 210/78. L.N. 262/78. L.N. 302/78. 58 of 1980. Short title. Interpretation. (Cap. 96.) (Cap. 171.) Second Schedule. Hunting of protected wild animals prohibited. Protection of nests and eggs. Hunting by certain means prohibited. Possession of protected wild animals. Sale or export of protected wild animals. Entry in restricted areas. Sixth Schedule. Special permits. Nature wardens. Powers of inspection and arrest. (Cap. 232.) Offences and penalty. Burden of proof. Forfeiture. Compensation for damage to crops. (Cap. 227.) Power to amend Schedules. Cancellation of game licences and refund of fees. L.N. 210/78.

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