Replies to LegCo questions
LCQ8: Safeguarding and promoting animal welfare
Following is a question by the Hon Steven Ho and a written reply by the
Secretary for Food and Health, Dr Ko Wing-man, in the Legislative Council today
(January 7):
Question:
It has been reported that recently a shop sold fur coming from cats and dogs
suspected to have been flayed alive on the Mainland, arousing wide concern among
concern groups on animal interests. However, such sales activities are not
regulated under existing legislation. In this connection, will the Government
inform this Council:
(1) of the number of reports on illegal import of animal products (including cat
and dog fur) received by the authorities, the number of inspections conducted by
the authorities for the purpose of enforcing the relevant legislation, as well
as the respective numbers of cases in which the persons concerned were
prosecuted and convicted, in each of the past five years;
(2) whether it knows which countries and regions have enacted legislation to ban
the sale of cat and dog fur and related products; if it knows, of the details;
and
(3) whether it will consider enacting legislation to ban the sale of cat and dog
fur and related products to strengthen the protection of animal interests; if it
will, of the details; if not, the reasons for that?
Reply:
President,
Over the years, the Government has been striving to promote in the community a
culture of care for animals with a view to protecting animal welfare. Under the
Dogs and Cats Regulations (Cap. 167A), no person shall slaughter any dogs and
cats or sell the flesh of dogs and cats for food. Any person who contravenes the
regulation shall be liable on conviction to a fine of $5,000 and to imprisonment
for six months. In addition, according to the Prevention of Cruelty to Animals
Ordinance (Cap. 169), any person who cruelly treats an animal or causes it
unnecessary suffering shall be liable on summary conviction to a fine of
$200,000 and to imprisonment for three years.
The Agriculture, Fisheries and Conservation Department (AFCD) is not aware of
any act of slaughtering dogs or cats for fur production in Hong Kong hitherto.
If there is any suspected case of cruelty to animals, AFCD will follow up and
investigate accordingly. Prosecution action will be instigated where
appropriate.
In the light of a media report on November 23, 2014 about the sale of the skin
of dogs and cats alleged to have been obtained through illegal import, AFCD has
conducted investigations immediately and inspected the shop concerned in Tai Po
on the same day. However, no such products were found at the shop during the
inspection. According to the responsible person of the shop, he had surrendered
those products to the Society for the Prevention of Cruelty to Animals (SPCA).
In reply to AFCD's enquiry, SPCA confirmed that nine pieces of suspected dog
skins were surrendered by the shop and kept under their custody. AFCD has warned
the responsible person of the shop that it is an offence to import such products
into Hong Kong without appropriate permit(s), and the Department would consider
taking legal actions where appropriate. In collaboration with the Customs and
Excise Department (C&ED), the AFCD will step up surveillance and enforcement
actions against illegal import of such products and enhance publicity on the
subject.
My reply to the various parts of the question is as follows:
(1) Under section 11(1) of the Rabies Regulations (Cap. 421A), no person shall
import any animal product (including the skin of dogs and cats) into Hong Kong
except under and in accordance with a permit to do so issued by an authorised
officer. Any person who contravenes the above provision commits an offence and
is liable on conviction to a fine of $50,000 and to imprisonment for one year.
AFCD has put in place a surveillance programme to deal with the illegal import
of animals, carcasses or animal products in accordance with the Rabies
Regulations, and has all along been working closely with C&ED in combating
illegal import of such products at all boundary control points.
The number of reported cases of illegal import of animal products (including the
skin of dogs and cats) received, the number of inspections conducted, and the
respective number of cases in which the offenders were prosecuted and convicted
by the AFCD under the Rabies Regulation in the period from 2010 to November 2014
are as follows:
Year
2010 2011 2012 2013 2014 (as at
November 30)
Reported cases 0
0 0 0
1
Inspections
53 51 76
72 71
Prosecutions
2 1 1
0 0
Convicted cases 2
1 1 0
0
Of the above cases, there is only one (received in 2014) in which the skin of
dogs and cats is involved. In this case, two inspections were conducted in the
same year and no person was prosecuted or convicted.
(2) According to our understanding, the import, export and sale of dog and cat
fur or skin is prohibited in the United States (US) under the Dog and Cat
Protection Act of 2000. In Europe, similar regulations are put in place by the
European Union (EU). In the US, offenders are liable to a maximum fine of
US$10,000 while the penalties set by individual EU member states may vary from
country to country.
(3) We consider that public education is most important for safeguarding and
promoting animal welfare. To this end, AFCD has established a dedicated team to
devise, implement and fortify public education and publicity programmes for
promoting care for animals and responsible pet ownership, etc. Relevant
activities include producing and broadcasting announcements in the public
interest through TV and radio channels; advertising on such platforms as public
transport, magazines and websites; organising promotional events in shopping
arcades; regularly conducting village and community campaigns; holding talks in
schools; as well as conducting annual surveys on pet care. Such efforts will
continue. At the moment, the Government has no plan to prohibit through
legislation the sale of dog and cat fur or skin and related products. We will
keep in view the development of the relevant issues and ensure that our policy
is responsive to changes in circumstances.
Ends/Wednesday, January 7, 2015
Issued at HKT 15:48
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