### Public Health (Animals and Birds) (Trading and Breeding) Regulations 《公眾衞生(動物及禽鳥)(售賣及繁育)規例》

3. Application
These regulations shall apply to—
(a) all animals except cattle, sheep, goats and swine; and
(b) all birds except poultry.

4. Prohibition of trading animals without licence etc.
(L.N. 64 of 2016)(1) A person must not— (L.N. 64 of 2016)
(a) carry on business as an animal trader otherwise than under an animal trader licence or an exemption granted under regulation 5A(1); or (L.N. 64 of 2016)
(b) keep animals or birds, or both, for the purpose of the person’s business as an animal trader otherwise than at premises in respect of which the person is granted an animal trader licence. (L.N. 64 of 2016)
(2) If a person keeps animals or birds, or both, for the purpose of the person’s business as an animal trader at different premises, the person must hold an animal trader licence in respect of each of the premises. (L.N. 64 of 2016)
(L.N. 410 of 1990)

4AA. Prohibition of breeding dogs without licence etc.
(1) A person must not—
(a) act as a dog breeder otherwise than under a dog breeder licence; or
(b) keep dogs as a dog breeder otherwise than at premises in respect of which the person is granted a dog breeder licence.
(2) If a person keeps dogs as a dog breeder at different premises, the person must hold a dog breeder licence in respect of each of the premises.
(L.N. 64 of 2016)

4AAB. Prohibition of keeping more dogs than permitted
A person holding a dog breeder licence in respect of any premises must not at any time keep at the premises a greater number of female dogs for breeding purposes than the number specified for the premises in the licence.
(L.N. 64 of 2016)

4A. Prohibition on possessing quails for sale with other birds
No person shall possess for sale any quail, with any other bird (other than a quail), at the same premises.
(L.N. 219 of 2001)

### Public Health (Animals and Birds) (Trading and Breeding) Regulations 《公眾衞生(動物及禽鳥)(售賣及繁育)規例》

4B. Prohibition of selling dogs to persons under 16
(1) No person may sell a dog to any person under the age of 16 years.
(2) A person who contravenes paragraph (1) commits an offence and is liable on conviction to a fine at level 5.
(3) It is a defence to a charge for an offence under paragraph (2) for a defendant to establish that, at the time the offence is alleged to have been committed, the defendant had reasonable cause to believe, and did believe, that the person to whom the dog was sold was not under the age of 16 years.
(4) The defendant is taken to have established a fact that needs to be established for the defence if—
(a) there is sufficient evidence to raise an issue with respect to that fact; and
(b) the contrary is not proved by the prosecution beyond reasonable doubt.
(L.N. 64 of 2016)

5. Power of Director to grant or renew animal trader licences
(L.N. 64 of 2016)(1) On application in the form specified by the Director and payment of the fee specified in the Schedule, the Director may grant to any person an animal trader licence in respect of any premises, or renew the licence, to—
(a) carry on business as an animal trader; and
(b) keep at the premises animals or birds, or both, for the purpose of the person’s business as an animal trader. (L.N. 64 of 2016)
(2) The Director must not grant or renew an animal trader licence unless the Director is satisfied that the primary enclosures, housing facilities and outdoor areas of the premises in which the applicant intends to keep the animals or birds, or both, conform to the standards specified in regulation 6. (L.N. 64 of 2016)
(3) The Director may at any time— (L.N. 64 of 2016)
(a) attach to an animal trader licence any condition the Director thinks fit; and
(b) amend or revoke any condition so attached. (L.N. 64 of 2016)
(4) An animal trader licence is valid for a period of 12 months beginning on the date the licence is granted or renewed. (L.N. 64 of 2016)
(5) (Repealed L.N. 64 of 2016)(6)-(7) (Repealed L.N. 410 of 1990)

### Public Health (Animals and Birds) (Trading and Breeding) Regulations 《公眾衞生(動物及禽鳥)(售賣及繁育)規例》

5A. Exemption from holding an animal trader licence
(1) If the Director is satisfied that a person is conducting genuine rehoming activities for animal welfare purposes on a non-profit-making basis, the Director may exempt the person from holding an animal trader licence.
(2) In determining whether a person is conducting genuine rehoming activities for animal welfare purposes on a non-profit-making basis, the Director may take into account all relevant factors, including—
(a) whether the person falls within any of the following descriptions—
(i) a charitable institution or trust of a public character that is exempt from tax under section 88 of the Inland Revenue Ordinance (Cap. 112);
(ii) a society as defined by section 2(1) of the Societies Ordinance (Cap. 151) and registered under section 5A(1) of that Ordinance;
(iii) a body of persons, or charity, as defined by section 2(1) of the Registered Trustees Incorporation Ordinance (Cap. 306), which has been granted a certificate of incorporation under section 4(1) of that Ordinance;
(iv) a company registered under the Companies Ordinance (Cap. 622) or under the Companies Ordinance (Cap. 32) as in force at the time of the registration;
(b) whether the protection and promotion of animal welfare and rehoming are amongst the core activities and services of the person; and
(c) whether the person engages the services of a registered veterinary surgeon as defined by section 2 of the Veterinary Surgeons Registration Ordinance (Cap. 529) to act as an advisor on animal health and welfare.
(3) The Director may at any time—
(a) attach to an exemption any condition the Director thinks fit; and
(b) amend or revoke any condition so attached.
(4) The Director may at any time revoke an exemption if—
(a) any condition of the exemption has been contravened; or
(b) the person to whom the exemption is granted no longer satisfies the Director that the person is conducting genuine rehoming activities for animal welfare purposes on a non-profit-making basis.
(5) The Director may only—
(a) grant an exemption for a fixed period; and
(b) renew an exemption, each time for a fixed period.
(L.N. 64 of 2016)