【法规名称】
【法规编号】 79436 什么是编号？
【正 文】
第2页 CAP 169 PREVENTION OF CRUELTY TO ANIMALS ORDINANCE
|
[接上页] (1A) (a) Any person (hereinafter referred to as an arrested person) who is arrested under this section by a person other than a police officer, shall forthwith be taken to the nearest police station or given into the custody of a police officer. (b) Whenever an arrested person is brought to a police station the provisions of section 52 of the Police Force Ordinance (Cap 232) shall apply. (c) Whenever an arrested person is given into the custody of a police officer the provisions of sections 51 and 52 of the Police Force Ordinance (Cap 232) shall apply. (Added 53 of 1979 s. 4) (2) Any animal, conveyance or article concerning or by which any such offence has been committed may be seized by any such officer or inspector and taken to a police station or to any convenient place, and there kept, unless given up sooner by order of a magistrate, until the charge is decided in due course of law. (3) Any such officer or inspector may stop in any street or public place and examine any animal in respect of which he suspects that an offence has been committed under section 3. (4) Any senior veterinary officer, health officer, health inspector or police officer may enter and search any building, vehicle, train, tram, aircraft or vessel in or on board of which such officer or inspector may have reason to suspect that any offence against any of the provisions of this Ordinance or of any regulation made thereunder is being or has been committed. (Amended 53 of 1979 s. 4; 80 of 1997 s. 102) (Amended 30 of 1960 Eighth Schedule) Cap 169 s 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 $5000 and to imprisonment for 6 months. (Amended 22 of 1950 Schedule ; 53 of 1979 s.5) Cap 169 s 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. |
- 此法规有错误，我来纠正。请点击在此 提交错误内容或者您纠正的内容！