Replies to LegCo questions

LCQ18: Regulation of pet trading

     Following is a question by the Hon Alan Leong and a written reply by the Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today (December 18):

Question:

     Last year, the Government conducted public consultation on proposed measures to better regulate pet trading.  When reporting the outcome of the public consultation to a panel of the Legislative Council (LegCo) on April 16 this year, the Agriculture, Fisheries and Conservation Department (AFCD) indicated that it aimed to propose legislative amendments to the Public Health (Animals and Birds) (Animal Traders) Regulations (Cap.139, sub leg B) within this year, but such legislative proposal has not yet been introduced into LegCo so far.  Moreover, some concern groups on animal interests consider that as only the breeding and selling of dogs will be regulated, the proposed amendments fail to regulate private breeding centres comprehensively.  In this connection, will the Government inform this Council:

(a)  of the respective numbers of reports on animal abuse received and prosecutions instituted by AFCD and the Police in each of the past three years, with a breakdown by the type of animals abused;

(b)  of the sales volume of pets in each of the past three years, with a breakdown by the type of animals;

(c)  why it has not yet introduced the aforesaid legislative amendments into LegCo and when it will do so;

(d)  as some concern groups on animal interests are worried that under the proposed amendments, operation of private animal breeding centres in private residential premises is not prohibited, which makes it difficult for the authorities to conduct surprise inspections on such breeding centres, that application for licence to breed and trade animals may be made in the name of a person, and that no ceiling has been set on the number of such licences to be issued within the territory, whether the authorities have assessed if such situations would constitute loopholes of regulation, thus making it difficult for the authorities to control private pet-breeding activities effectively; if they have, of the details; if not, the reasons for that; and

(e)  whether AFCD has assessed if there are fewer cases of animal abuse and abandonment in countries or regions where private breeding of pets for commercial purposes is totally prohibited; if the assessment result is in the affirmative, of the details, and whether AFCD will consider adopting such a practice; if it has not conducted such assessment, of the reasons?

Reply:

President,

     Currently, under the Public Health (Animals and Birds) (Animal Traders) Regulations (Cap. 139B), any person who sells, or offers to sell, animals or birds has to obtain an animal trader licence (ATL) from the Director of Agriculture, Fisheries and Conservation (DAFC), unless he is selling or offering to sell any animal or bird kept by him as a pet or any offspring thereof.  This exemption has been exploited by some commercial breeders who operate under the disguise of a private pet owner, thereby circumventing the relevant regulation and causing public health and animal welfare concerns.  The problem is particularly acute in the case of dogs.

     To better regulate pet trading for enhancing animal health and welfare, the Administration reviewed the operation of the pet trade, the related enforcement action and legislation, and started a two-month public consultation in October 2012.  The main proposals included introducing a new system of licence/permit to tighten regulation of dog breeders and traders, increasing penalties under Cap. 139B and providing the DAFC with power to revoke animal trader licences under specific circumstances.  Subsequently in April 2013, we reported to the Legislative Council (LegCo) Panel on Food Safety and Environmental Hygiene (Panel) on the outcome of the consultation.

     My reply to the various parts of the question is as follows:

(a)  In the past three years, the Administration received the following number of reports on suspected cruelty to animals: 153 in 2010; 129 in 2011; and 112 in 2012.  Investigations by the departments concerned showed that most of the reported cases did not involve cruelty to animals.  The number of prosecutions instituted under the Prevention of Cruelty to Animals Ordinance was 11 in 2010, 15 in 2011; and 19 in 2012.  Most of the offenders were convicted.  The Administration does not keep statistics on the type of animals involved in these cases.

(b)  Under existing legislation, it is not necessary for animal traders to report the sales volume of pets to the Agriculture, Fisheries and Conservation Department (AFCD).  Therefore, the Administration does not have statistics in this respect.  

(c)  When briefing Panel members on the outcome of the public consultation on April 16, 2013, the Administration mentioned our target of tabling the amendment regulation before the LegCo within 2013.  However, members made different comments on the proposed new licensing system at the meeting.  Some animal groups and the pet trading and breeding trade also expressed new views about the proposed new licensing system after the public consultation.  To follow up on these views and comments, the Administration met again with the LegCo members concerned and representatives of animal groups and the trade in the past few months to discuss the approach and details of regulation.  We are now considering their views carefully in the interest of ensuring that the regulatory system to be set up is practicable and effective in protecting the welfare of animals.  We will introduce the amendment regulation into the LegCo for vetting as soon as possible.  

(d)  It is noted that some animal groups are concerned about the effectiveness of the AFCD's enforcement actions.  In fact, the AFCD will inspect premises intended for animal selling/breeding purposes when processing licence applications.  To ensure compliance with the licensing conditions and code of practice by licensees, the AFCD will also inspect the premises after licences are issued.  A licence will not be granted or renewed unless the DAFC is satisfied that the premises concerned fully meet the relevant requirements.

     The question touches on the concern of some animal groups over the application for licence to breed and trade animals made "in the name of a person", which will be allowed according to the proposed amendments.  It is precisely the aim of the proposed licensing system to regulate these "de-facto" commercial breeders who are currently exploiting the exemption to breed and sell animals under the disguise of private pet owners.

     As we hope to regulate through the proposed licensing system all persons who breed animals for trading purposes, we would not suggest setting a ceiling on the number of licences to be issued.

(e)  According to the information that AFCD has in hand, we have not come across any country or territory which fully prohibits the private breeding of animals for commercial purposes, including such developed countries as the United Kingdom, the United States, Australia and New Zealand.

Ends/Wednesday, December 18, 2013
Issued at HKT 18:08

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