【法规名称】
【法规编号】 79436 什么是编号？
【正 文】
CAP 169 PREVENTION OF CRUELTY TO ANIMALS ORDINANCE
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To prohibit and punish cruelty to animals. [29 November 1935] (Originally 44 of 1935 (Cap 169 1950)) Cap 169 s 1 Short title This Ordinance may be cited as the Prevention of Cruelty to Animals Ordinance. Cap 169 s 2 Interpretation In this Ordinance, unless the context otherwise requires- "animal" (动物) 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" (卫生督察) 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" (卫生主任) 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" (高级兽医官) 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" (船只) includes any ship or boat or any other description of vessel used in navigation. (Amended 30 of 1960 Eighth Schedule) Cap 169 s 3 Penalty for cruelty to animals Remarks: Adaptation amendments retroactively made - see 65 of 1999 s. 3 (1) Any person who- (a) cruelly beats, kicks, ill-treats, over-rides, over-drives, overloads, tortures, infuriates, or terrifies any animal, or causes or procures or, being the owner, permits any animal to be so used, or, by wantonly or unreasonably doing or omitting to do any act, causes any unnecessary suffering or, being the owner, permits any unnecessary suffering to be so caused to any animal; or (b) being in charge of any animal in confinement or captivity or in the course of transport from one place to another, neglects to supply such animal with sufficient food and sufficient fresh water; or (c) conveys or carries, or causes or procures or, being the owner, permits to be conveyed or carried, any animal in such a manner or position or in a case, crate or basket of such construction or such small dimensions as to subject it to unnecessary pain or suffering; or (d) loads any animal into or discharges any animal from any vessel or railway truck on to another vessel or railway truck or on to a wharf or on to the shore, or on to any platform in such a way or with such appliances as to subject such animal to needless or avoidable suffering; or (e) causes, procures or assists at the fighting or baiting of any animal, or keeps, uses, manages, or acts or assists in the management of any premises or place for the purpose, or partly for the purpose, of fighting or baiting any animal, or permits any premises or place to be so kept, managed or used, or receives, or causes or procures any person to receive, money for the admission of any person to such premises or place; or (f) employs, or causes or procures or, being the owner, permits to be employed, in any work or labour any animal which, in consequence of any disease, infirmity, wound or sore, or otherwise, is unfit to be so employed; or (g) brings into Hong Kong, or drives, carries, transports, removes, or has or keeps, or knowingly suffers to be had or kept under his control or on his premises, any animal in any way which may cause it needless or avoidable suffering, (Amended 65 of 1999 s. 3)shall be liable on summary conviction to a fine of $5000 and to imprisonment for 6 months. (Amended 22 of 1950 Schedule; 53 of 1979 s.3) (2) For the purposes of this section, an owner shall be deemed to have permitted cruelty if he shall have failed to exercise reasonable care and supervision in respect of the protection of the animal therefor: Provided that where an owner is convicted of permitting cruelty within the meaning of this Ordinance by reason only of his having failed to exercise such care and supervision, he shall not be liable to imprisonment without the option of a fine. (3) Nothing in this section shall apply to the commission or omission of any act in the course of the destruction, or the preparation for destruction, of any animal as food for mankind, unless such destruction or such preparation was accompanied by the infliction of unnecessary suffering. Cap 169 s 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) |
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