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[接上页] (b) is securely tied to a fixed object on a leash of not more than 1.5 m in length in a manner that does not pose a danger to public and animal safety, and welfare of the dog.(2) This section does not apply to a large dog which is in a country park or a special area within the meaning of the Country Parks Ordinance (Cap 208) or swimming at sea. (3) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months. (L.N. 184 of 2000) Cap 167D s 10 Classification as a known dangerous dog by magistrate's orders PART IV CONTROL OF KNOWN DANGEROUS DOGS (1) Without prejudice to the power of a magistrate under section 5 of the Ordinance but subject to subsection (2), a magistrate may, upon an application made in that behalf, by order classify a dog as a known dangerous dog. (2) No order shall be made under subsection (1) unless the magistrate is satisfied that- (a) a person has died or suffered serious bodily injury as a result of any bite or attack inflicted by the dog, whether in a public place or not, in the absence of provocation of any form; (b) a domestic animal has died or suffered serious bodily injury as a result of any bite or attack inflicted by the dog, whether in a public place or not, in the absence of provocation of any form; or (c) the dog has a history of repeatedly attacking people or otherwise putting people in fear of being attacked, whether in a public place or not, in the absence of provocation of any form. (L.N. 184 of 2000)(3) For the purposes of subsection (2)- (a) a person suffers serious bodily injury if he suffers any bodily injury of a kind which results in his being admitted to a hospital for treatment as an in-patient; (b) a domestic animal suffers serious bodily injury if it suffers any bodily injury of a kind which results in- (i) its being admitted to a veterinary clinic or hospital for surgery under general anaesthesia; or (ii) its being destroyed on animal welfare grounds, by a veterinary surgeon. Cap 167D s 11 Possession of known dangerous dogs (1) Subject to subsection (2), a person who is the keeper of a known dangerous dog after the expiry of 90 days from the date of the order made under section 10(1) in respect of the dog commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months. (2) The keeper of a known dangerous dog does not commit an offence under subsection (1) if he shows that there is a veterinary certificate certifying that the dog has been neutered. Cap 167D s 12 Known dangerous dogs entering or remaining in public places A person who causes, suffers or permits a known dangerous dog to enter or remain in a public place- (a) without the dog being securely fitted with a muzzle sufficient to prevent it from biting any person; or (b) without it being securely held on a leash of not more than 1.5 m in length by a person, (L.N. 184 of 2000)commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months. Cap 167D s 13 Identification of known dangerous dogs (1) The Director may, by notice published in the Gazette, require that a known dangerous dog shall be identified in such form and manner (including but not limited to the wearing of a collar and the implanting of any device) as is specified in the notice. (2) Where a known dangerous dog is not identified in accordance with a notice published under subsection (1), the keeper of the dog commits an offence and is liable on conviction to a fine at level 4 and to imprisonment for 3 months. (3) For the avoidance of doubt, it is hereby declared that a notice under subsection (1) is subsidiary legislation. Cap 167D s 14 Power to give directions PART V MISCELLANEOUS (1) For the purposes of the Ordinance or this Regulation, an authorized officer may, by notice in writing, direct the keeper of a dog to- (a) present the dog for weighing or inspection or both at such place and in such manner as may be specified in the direction; (b) deliver the dog for detention at such place, in such manner and for such period of detention as may be specified in the direction; (c) confine the dog to such place, in such manner and for such period as may be specified in the direction; (d) control or restrain the dog while it is in a public place or in any other place from which it may reasonably be expected to enter a public place by such measures as may be specified in the direction.(2) The keeper of a dog who fails to comply within a reasonable time with a direction given to him under subsection (1) commits an offence and is liable on conviction to a fine at level 3 and to imprisonment for 3 months. Cap 167D s 15 Appeal (1) A person who is aggrieved by a direction given by an authorized officer in respect of him under section 14 may, within 28 days after receiving notice of the direction, appeal to the Administrative Appeals Board. (2) An appeal under this section shall not affect the operation of the direction that is appealed against, unless the Director decides otherwise and the notice of the direction contains a statement to that effect. |