### 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》

5H. One-off permit to sell dog without licence
(1) This regulation does not apply in relation to a dog that is sold, or offered to be sold, under a licence.
(2) A person must not sell, or offer to sell, a dog otherwise than under a one-off permit.
(3) On application in the form specified by the Director and payment of the fee specified in the Schedule, the Director may grant a one-off permit in respect of a dog to any individual to sell, and offer to sell, the dog.
(4) The Director may attach to a one-off permit any condition the Director thinks fit.
(5) For this regulation, a one-off permit is used once the sale of the dog to which the permit relates is concluded.
(6) A one-off permit that is not used ceases to be valid on the expiry of the 6-month period beginning on the date on which the permit is granted.
(7) The Director must not grant a one-off permit to an individual in respect of a dog unless—
(a) the individual has attained the age of 18 years at the date of application for the permit; and
(b) the individual has kept the dog for 4 consecutive months as a licensed keeper immediately before the date of application.
(8) The Director may grant a maximum of 2 one-off permits to an individual within a period of 4 years beginning on the date the first of the permits for the period is granted.
(9) For paragraph (8), a fresh 4-year period begins on the date a one-off permit is granted after a preceding 4-year period expires.
(10) The holder of a one-off permit may surrender the permit by returning it to the Director before it is used, whether or not it has ceased to be valid.
(11) For paragraphs (8) and (9), a one-off permit surrendered under paragraph (10) is not counted as a one-off permit.
(12) In this regulation—
licensed keeper (持牌飼養人) means a keeper as defined by section 2 of the Rabies Ordinance (Cap. 421) who has been granted a licence under section 19A(1) of the Rabies Regulation (Cap. 421 sub. leg. A).
(L.N. 64 of 2016)

### 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》

6. Standards of primary enclosures, etc.
(1) A primary enclosure shall be—
(a) structurally sound and maintained in good repair;
(b) so designed as to contain adequately the animals or birds kept therein and to protect them from injury and predators;
(c) so constructed and maintained as to enable the animals or birds kept therein to—
(i) remain dry and clean;
(ii) have convenient access to food and water; and
(iii) move about freely and to stand, sit, lie and perch comfortably; and
(d) so located as to avoid excessive illumination.
(2) Housing facilities shall—
(a) be structurally sound and maintained in good repair;
(b) so designed as to contain adequately the animals and birds kept therein and to restrict the entrance of other animals and birds;
(c) contain an adequate supply of potable water and a suitable drainage for the escape of excess water;
(d) provide sufficient space for the storage of fresh food and bedding;
(e) provide for the removal and disposal of animal or bird waste, food waste, used bedding, dead animals or birds and debris so as to minimize infestation, contamination, nauseating odours and the risk of disease;
(f) be provided with sufficient fresh air ventilation, by means of windows, doors, vents or air conditioning, to promote the health and comfort of the animals or birds kept therein and to minimize draughts, odours and moisture condensation;
(g) have ample lighting, by natural or artificial means or both, of good quality and so distributed as to provide sufficient light intensity to permit routine inspection and cleaning during trading hours; and
(h) contain interior surfaces which are substantially impervious to moisture and may be readily sanitized.
(3) An outdoor area shall provide—
(a) sufficient shade to enable the animals or birds kept therein to protect themselves from the direct rays of the sun;
(b) adequate shelter to afford to the animals or birds kept therein protection in inclement weather; and
(c) suitable drainage for the escape of excess water.

7. Prohibition of alterations after grant of licence
Where a licence has been granted, the licensee shall not, thereafter, save with the permission in writing of the Director, make any material alteration or modification to the primary enclosure, housing facilities or outdoor area.

### 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》

9. Husbandry and sanitation
A licensee must comply with the following requirements— (L.N. 64 of 2016)
(a) the housing facilities, primary enclosure and outdoor area shall be maintained in a clean and sanitary condition;
(b) all excretal and other waste matter shall be removed from the licensed premises not less than once a day;
(c) a programme for the control and destruction of insects, ectoparasites, avian and mammalian pests on the licensed premises shall be approved by, and maintained to the satisfaction of, the Director;
(d) the food served to the animals or birds shall be adequate, free from contamination, wholesome and nutritive;
(e) the water supplied to the animals or birds shall be potable and uncontaminated;
(f) food and water receptacles shall be—
(i) readily accessible to animals and birds;
(ii) kept clean; and
(iii) sanitized at such intervals as may be necessary to prevent contamination of the food and water; and
(g) a supply of disinfectants shall be available for purposes of sanitation.

10. Certain animals or birds to be kept separate
(1A) This regulation applies only in relation to animals and birds kept under a licence. (L.N. 64 of 2016)
(1) Animals or birds shall not be housed in the same primary enclosure unless they are of the same, or of a compatible, genus.
(2) Notwithstanding that they are of the same, or of a compatible, genus—
(a) females in season (oestrus) shall not be housed in the same primary enclosure with males except for breeding purposes;
(b) animals or birds of vicious disposition shall be housed individually in separate primary enclosures;
(c) except where permanently maintained in breeding colonies, young animals or birds shall not be housed in the same primary enclosure with any adult animals or birds other than their dams or equivalent; and
(d) animals or birds under treatment for a communicable disease shall be kept separate from other animals or birds.

11. Prohibition on hawking
No person shall hawk an animal or bird.

12. Unweaned animals not to be sold
No person shall sell an unweaned animal.

### 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》

13. Offences and penalties
(1) Any person who contravenes regulation 4(1)(a), 4AA(1)(a), 4AAB, 4A, 5H(2), 11 or 12 commits an offence and is liable on conviction to a fine at level 6. (L.N. 410 of 1990; L.N. 219 of 2001; L.N. 263 of 2001; L.N. 64 of 2016)
(2) A licensee who contravenes— (L.N. 64 of 2016)
(a) any condition attached to the licence; or (L.N. 64 of 2016)
(b) regulation 4(1)(b), 4AA(1)(b), 7, 9, 10 or 16(4), (L.N. 410 of 1990; L.N. 64 of 2016)
commits an offence and is liable on conviction to a fine at level 5. (L.N. 64 of 2016)
(3) The holder of a one-off permit who contravenes any condition attached to the permit commits an offence and is liable on conviction to a fine at level 5. (L.N. 64 of 2016)