ANIMALS (CONTROL OF EXPERIMENTS) ORDINANCE

ANIMALS (CONTROL OF EXPERIMENTS) ORDINANCE

LAWS OF HONG KONG

ANIMALS (CONTROL OF EXPERIMENTS) ORDINANCE

CHAPTER 340





CHAPTER 340.

ANIMALS (CONTROL OF EXPERIMENTS) ORDINANCE.

ARRANGEMENT OF SEMONS.

Section. Page.

1. Short tide ... ... ... ... ... . ... ... ... ... ... ... ... 2

2. Interpretation ... ... ... ... ... ... ... ... ... ... ... ... ... 2

3. Performance of experiments only by licensees ... ... ... ... ... ... 2

4. Prohibition against performing experiments to attain manual skill ... 2

5. Prohibition of performance of experiments for illustration of lectures except as
specified in permit ... ... ... ... ... .... ... ... ... 2

6. Restrictions upon performance of experiments by licensee ... ... ... 2

7. Grant of licences ... ... ... ... ... ... ... ... ... ... ... ... 3

8. Endorsements to enable performance of experiments for manual skill ... 3

9. Grant of permits ... ... ... ... ... ... ... ... ... ... ... ... 3

10. Endorsements to enable performance of experiments without anaesthetics, etc .
... ... ... ... ... ... ... ... ... ... ... ... ... 4

11. Duty to keep records and to permit inspections ... ... ... ... ... 4

12. Duty to render returns ... ... ... ... ... ... ... ... ... ... ... 4

13. Power to make regulations ... ... ... ... ... ... ... ... ... ... 5

14. Cancellation of licence or permit ... ... ... ... ... ... ... ... ... 5

15. General penalties ... ... ... ... ... ... ... ... ... .. ... ... 5

16. Restriction of prosecutions ... ... ... ... ... ... ... ... ... ... 5

17. Appeals to the Governor in Council ... ... ... ... ... ... ... ... 5





CHAPTER 340.

ANIMALS (CONTROL OF EXPERIMENTS).

Toprovide for the control of experiments on living vertebrate
animals.

[24th May, 1963.]

1. This Ordinance may be cited as the Animals (Control of
Experiments) Ordinance.

2. In this Ordinance, unless the context otherwise
requires'academic institution' includes universities, university colleges.
hospitals, medical schools. agricultural colleges, farm schools, and any
other similar institutions;

$,animal' means a living vertebrate animal;

ttexperiment' means any experiment performed on an animal and
calculated to give pain;

'Licensing Authority' means the Director of Medieal and Health

'licensee' means a person licensed under section 7.

3. (1) No person except a licensee shall perform any experiment.

(2) No licensee shall perform any experiment except in accordance
with the terms of his licence and subject to the restrictions imposed by
this Ordinance.

(3) Any person who contravenes any of the provisions of this
section shall be guilty of an offence. (Added, 12 of 1964, s. 2)

4. (1) Except under and in accordance with an endorsement made
under section 8, no licensee shall perform any experiment for the
purpose of attaining manual skill.

(2) Any person who contravenes any of the provisions of this
section shall be guilty of an offence. (Added, 12 of 1964, s. 3)

5. (1) Except under and in accordance with a teaching permit issued
under section 9, no licensee shall perform any experiment for the
purpose of illustrating any lecture at any academic institution.

(2) Any person who contravenes any of the provisions of this
section shall be guilty of an offence. (Added, 12 of 1964, s. 4)

6. (1) Except as otherwise provided in sections 4 and 5, no licensee
shall perform any experiment except

(a)for the purpose of the advancement by new discovery of
physiological knowledge, or of any knowledge which will





be useful for saving or prolonging life, or alleviating suffering,
or for combating any disease whether of human beings,
animals or plants;

(b)for the purpose of testing any former discovery alleged to
have been made for the advancement of the types of
knowledge referred to in paragraph (a);

(c)by the order in writing of any judge or district judge in any
case where such judge is satisfied that it is essential for the
purpose of justice in a criminal case to make such experiment.

(2) Except under and in accordance with an endorsement made
under section 10. no licensee shall perform any experiment unless-

(a)throughout the whole of the experiment the animal is under
the influence of some anaesthetic of sufficient power to
prevent the animal feeling pain; and

(b)if the pain is likely to continue after the effect of the
anaesthetic has ceased, or if any serious injury has been
inflicted on the animal, the animal is killed before it recovers
from the influence of the anaesthetic which has been
administered.

(3) Any person who contravenes any of the provisions of this
section shall be guilty of an offence. (Added, 12 of 1964, s. 5)

7. (1) The Licensing Authority may grant a licence to any person to
perform any experiment for any purpose specified in such licence during
such period and subject to such conditions, in addition to the
conditions specified in this Ordinance, as he may think fit.

(2) It shall be a condition of any licence granted under subsection
(1) that any experiment performed pursuant to such licence shall be
performed at such place as may be specified in such licence.

8. Where the Licensing Authority is satisfied that it is desirable, he
may, by endorsement of any licence, authorize the holder thereof to
perform experiments for the purpose of attaining manual skill during
such period and subject to such conditions as the Licensing Authority
may think fit.

9. (1) Where the Licensing Authority is satisfied that it is
absolutely necessary for the due instruction of persons attending any
lectures for the purpose of acquiring physiological knowledge or any
knowledge which will be used for saving or prolonging life, or
alleviating suffering, or for combating any disease whether of human
beings, animals or plants, for any such lecture to be illustrated by the
performance of any experiment, the Licensing Authority may grant to a
licensee a teaching permit to perform any experiment for the purpose of
illustrating such lecture.





(2) Every teaching permit granted under subsection (1) shall be
subject to such conditions, in addition to any conditions specified in
this Ordinance, as may be specified in such permit, and such permit shall
remain in force for twelve months from the. date on which it is granted.

10. Where the Licensing Authority is satisfied that the object of
any experiment or series of experiments permitted to be performed by a
licensee would necessarily be frustrated

(a)by the performance of such experiment under any anaesthetic;
or

(b)by killing the animal on which such experiment is performed
before it recovers from the influence of any anaesthetic,

he may, by endorsement of any licence, authorize the holder to perform
such experiment or series of experiments without administering any
anaesthetic to the animal or without killing the animal before it recovers
from the influence of such anaesthetic, as the case may be, during such
period and subject to such conditions as the Licensing Authority may
think fit.

11: (1) Every licensee shall keep, in such form as may be
prescribed. records of all experiments performed by him.

(2) Every licensee shall -permit any medical or health officer
authorized in writing by the Licensing Authority for the purpose to
inspect any records kept by him at any time between 8 a.m. and 6 p.m.
on any day other than a Sunday or public holiday.

(3) Every licensee shall permit any person authorized in writing as
aforesaid to enter and inspect. for the purpose of securing compliance
with the provisions of this Ordinance, any place specified in such
licensee's licence for the performance of experiments.

(4) Any person who contravenes the provisions of subsection (1)
shall be guilty of an offence and shall be liable on summary conviction
to a fine of five hundred dollars and to imprisonment for three months.
(Added, 12 of 1964, s. 6)

12. Every licensee shall render to the Licensing Authority in such
form and at such time as may be prescribed such returns as may be
required in relation to any experiments performed by the licensee.

(2) Any person who contravenes any of the provisions of this
section shall be guilty of an offence and shall be liable on summary
conviction to a fine of five hundred dollars and to imprisonment for
three months. (Added, 12 of 1964, s. 7)





13. (1) The Governor in Council may make regulations
generally for the better carrying out of the provisions of this
Ordinance.

(2) Regulations made under this section may, without prej-
udice to the generality of the power conferred by subsection (1),
provide--

(a)for the keeping of records of all experiments performed
by any licensee;

(b)for the rendering of returns in relation to any experi-
ments performed under this Ordinance; and

(c)that the contravention of any regulation shall constitute
an offence and may prescribe penalties for any offence
not exceeding a fine of five hundred dollars and impris-
onment for six months.

14. It shall be a condition of every licence, permit or endorse-
ment granted or made under the provisions of this Ordinance that
such licence, permit or endorsement may be cancelled at any time
by the Licensing Authority on his being satisfied that such licence
or permit ought to be cancelled.

15. Any person who is guilty of an offence under section 3,
4, 5 or 6 shall be liable on summary conviction to a fine of one
thousand dollars and to imprisonment for six months.
(Replaced, 12 of 1964, s. 8)

16. Except by or with the consent of the Attorney General,
a prosecution under this Ordinance shall not be instituted.

17. Any person aggrieved by a refusal to issue a licence,
endorsement or permit under section 7, 8, 9 or 10 may appeal to
the Governor in Council. If the appeal is allowed, any licence,
endorsement or permit issued by the Governor in Council in
pursuance of such appeal shall be deemed to be a licence, endorse-
ment or permit. as the case may be, issued under section 7, 8,
9 or 10.
Originally 18 of 1963. 12 of 1964. Short title. Interpretation. Performance of experiments only by licensees. Prohibition against performing experiments to attain manual skill. Prohibition pf performance of experiments for illustration of lectures except as specified in permit. Restructions upon performance of experiments by licensee. Grant of licences. Endorsements to enable performance of experiments for manual skill. Grant of permits. Endorsements to enable performance of experiments without anaesthetics, etc. Duty to keep records and to permit inspections. Duty to render returns. Power to make regulations. Cancellation of licence or permit. General penalties. Restriction of prosecutions. Appeals to the Governor in Council.

Originally 18 of 1963. 12 of 1964. Short title. Interpretation. Performance of experiments only by licensees. Prohibition against performing experiments to attain manual skill. Prohibition pf performance of experiments for illustration of lectures except as specified in permit. Restructions upon performance of experiments by licensee. Grant of licences. Endorsements to enable performance of experiments for manual skill. Grant of permits. Endorsements to enable performance of experiments without anaesthetics, etc. Duty to keep records and to permit inspections. Duty to render returns. Power to make regulations. Cancellation of licence or permit. General penalties. Restriction of prosecutions. Appeals to the Governor in Council.

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