Prevention of Cruelty to Animals Ordinance

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PREVENTION OF CRUELTY TO ANIMALS ORDINANCE Gazette Number Version Date Long title 30/06/1997

To prohibit and punish cruelty to animals. [29 November 1935] (Originally 44 of 1935 (Cap 169 1950)) Section: 1 Short title 30/06/1997

This Ordinance may be cited as the Prevention of Cruelty to Animals Ordinance. Section: 2 Interpretation L.N. 331 of 1999 01/01/2000

In this Ordinance, unless the context otherwise requires"animal" (動物) 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" (衞生督察) has the meaning assigned by section 2 of the Public Health and Municipal Services Ordinance (Cap 132); (Added 30 of 1960 Eighth Schedule. Amended 10 of 1986 s. 32) "health officer" ( 衞生主任 ) has the meaning assigned by section 3 of the Interpretation and General Clauses Ordinance (Cap 1); (Added 30 of 1960 Eighth Schedule) "senior veterinary officer" (高級獸醫官) includes any veterinary officer authorized by the Director of Agriculture, Fisheries and Conservation to perform the duties of a senior veterinary officer under this Ordinance; (Replaced 53 of 1979 s. 2. Amended L.N. 331 of 1999) "vessel" (船隻) includes any ship or boat or any other description of vessel used in navigation. (Amended 30 of 1960 Eighth Schedule) Section: 3 Penalty for cruelty to animals 23 of 2006 15/12/2006

(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 (f) 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 Hong Kong, 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, (Amended 65 of 1999 s. 3) shall be liable on summary conviction to a fine of $200000 and to imprisonment for 3 years. (Amended 22 of 1950 Schedule; 53 of 1979 s. 3; 23 of 2006 s. 2) (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...