### Prevention of Cruelty to Animals Ordinance 《防止殘酷對待動物條例》

1. Short title
This Ordinance may be cited as the Prevention of Cruelty to Animals Ordinance.

2. Interpretation
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)

### Prevention of Cruelty to Animals Ordinance 《防止殘酷對待動物條例》

4. Power of arrests, seizure, entry and search
(1) Any senior veterinary officer, any other officer of the Agriculture, Fisheries and Conservation Department of the grade of Field Officer II and above and authorized in writing by the Director of Agriculture, Fisheries and Conservation, health officer, health inspector or police officer may arrest without warrant any person who he has reason to believe is guilty of an offence against section 3 or against any regulation under this Ordinance, whether upon his own view thereof or upon the complaint and information of any other person. Any such other person shall declare his name and place of abode to any such officer or inspector. (Amended 53 of 1979 s. 4; L.N. 331 of 1999) 
(1A) (a) Any person (hereinafter referred to as an arrested person

### Prevention of Cruelty to Animals Ordinance 《防止殘酷對待動物條例》

5. Orders by magistrate
(1) When any person has been convicted of an offence under section 3 or of any regulations made under this Ordinance, the magistrate may order that any animal in respect of which the offence has been committed—
(a) shall not be used; or 
(b) shall be removed to and detained in such place and for such time as is stated in the order. 
(2) Any order that an animal shall not be used or shall be detained in any place may, instead of stating any period of time, direct that the animal shall not be used or shall be detained until it recovers, and such animal shall not be used or shall be detained, as the case may be, until a senior veterinary officer certifies in writing that it may properly be used or released. 
(2A) (a) If the owner of any animal is convicted of an offence under section 3 the magistrate may, in addition to any other penalty or order he may impose or make, make an order depriving such owner of the ownership of the animal and may make such order as to the disposal of the animal as he may think fit. 
(b) No order shall be made under paragraph (a) unless it is shown by evidence as to a previous conviction or as to the character of the owner that the animal, if left with the owner, is likely to be exposed to further cruelty. (Added 53 of 1979 s. 5) [cf. 1911 c. 27 s. 3 U.K.] 
(3) If any animal has been taken to any place in pursuance of an order made under this section any person who has been convicted of an offence in respect of such animal shall be liable to pay the prescribed fees for its maintenance and treatment for so long as it shall remain therein, and such fees may be recovered as a fine: 
Provided that, if the owner of any such animal shall request the officer in charge of the animal to destroy it, such officer shall forthwith cause the animal to be destroyed, and no fees shall be payable in respect of the maintenance or treatment of such animal for any time subsequent to such request. 
(4) Any person who acts in contravention of any order made under this section shall be liable on summary conviction to a fine of $200,000 and to imprisonment for 3 years. (Amended 22 of 1950 Schedule ; 53 of 1979 s. 5; 23 of 2006 s. 3)

### Prevention of Cruelty to Animals Ordinance 《防止殘酷對待動物條例》

6. Power to order destruction of animals
Any magistrate, senior veterinary officer, health officer, health inspector, government medical officer, or police officer not below the rank of inspector who has satisfied himself by personal inspection—
(a) that an animal is so severely injured that it is cruel to keep the animal alive; or 
(b) that an animal is so severely injured or in such a physical condition that in his opinion, having regard to the means available for removing the animal, there is no possibility of removing it without cruelty and that it is cruel to keep it alive; or 
(c) that an animal, whether injured or otherwise, is trapped in such a position as to render it impracticable to effect a rescue and it is contrary to public health or safety to keep it alive or that an animal is trapped in such a position that there is no possibility of removing it without cruelty and it is cruel to keep it alive, (Added 53 of 1979 s. 6. Amended 80 of 1997 s. 102) 
may by order in writing direct such animal to be destroyed, and such order may forthwith be carried out by or under the direction of such officer or inspector or of any police officer: 
Provided that if any such animal is in any house, stable, shed or enclosure proper for such animal and not in a street, or other public place, no such order shall be made until the owner of the animal (if present) or the person in charge thereof (if any) has been informed of the state of the animal. (Amended 30 of 1960 Eighth Schedule)

7. Compensation not payable
No compensation shall be payable to any person in respect of the destruction of any animal in pursuance of an order made under section 6, or in compliance with a request as provided in section 5(3), by any person professing to be the owner of such animal, provided in the latter case that the officer in charge of the animal in good faith believed that the person making the request was in fact the owner.

### Prevention of Cruelty to Animals Ordinance 《防止殘酷對待動物條例》

8. Power to make regulations
(1) For the purpose of preventing cruelty the Chief Executive in Council may make regulations prescribing the conditions under which animals may be kept in confinement in any place, vessel, train, tram, aircraft or vehicle, including the licensing, construction and proper sanitary maintenance of any such place. (Amended 16 of 1939 s. 2; 22 of 1950 Schedule; 53 of 1979 s. 7; 65 of 1999 s. 3; 23 of 2006 s. 4) 
(1A) Regulations made under subsection (1) may provide that a contravention of a specified provision of the regulations is an offence punishable by a fine not exceeding level 5 and, in the case of a continuing offence, a further fine not exceeding $200 for every day during which the offence continues. (Added 23 of 2006 s. 4) 
(2) The master of any vessel shall (in addition to the actual offender) be deemed to be guilty of any contravention of any regulation which may occur while he is on board his ship and shall be liable to be proceeded against and punished accordingly.