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Recreation Select Committee, he is welcomed to make a suggestion and we will definitely follow up the matter.
8. MR. RONNIE WONG MAN-CHIU asked the following question (in English):
As winter approaches, it is an opportune season for people to take nourishing food. This is also the time of the year when illegal importation of protected animals is rampant for the purpose of preparing tonic food. It seems that it is the responsibility of the Agriculture and Fisheries Department and the Customs and Excise Department to prosecute such offenders. What actions will be taken by our health inspectors if they notice that these protected animals are being cooked and sold on food premises in the course of their inspection?
DR. RONALD D. B. LEUNG, CHAIRMAN OF THE PUBLIC HEALTH SELECT COMMITTEE, replied as follows (in English):-Mr. Chairman, this question concerns the action that can be taken by health inspectors in the course of their inspections when protected animals are being cooked and sold in food premises.
At the outset, I would like to point out that the possession of endangered species of animals and protected wild animals is controlled by the Animals and Plants (Protection of Endangered Species) Ordinance, Cap. 187 and the Wild Animals Protection Ordinance, Cap. 170.
Health inspectors are not authorized to take action under the said Ordinances and responsibility for enforcement rests with officers of the Agriculture and Fisheries Department and Customs and Excise Department. Operators of food businesses found to be in possession of such animals or parts thereof will be liable to prosecution.
Health Inspectors pay regular inspections to all licensed food premises for the purpose of ensuring compliance of the provisions of the Public Health and Municipal Services Ordinance, Cap. 132 and maintenance of proper standards of food hygiene. If any suspected cooking and selling of protected animals were to be noticed in the course of their inspection, the case would be referred to the Fauna Conservation Section of the Agriculture and Fisheries Department for follow-up action and possibly enforcement.
Nevertheless, no such referral has been made so far since food business operators engaging in this sort of activity are well aware that possession, selling and cooking of protected animals as food is in breach of the law and they would not openly display live or identifiable carcasses of protected animals. However, any suspected cases will be referred immediately for follow-up action by the Agriculture and Fisheries Department.
In addition, by virtue of section 4 of the Prevention of Cruelty to Animals Ordinance Cap. 169, health inspectors may arrest persons for offences relating to cruelty to animals under the provisions of this Ordinance where any such cases come to light.
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As a matter of routine, seasonal reminder will be issued by the Department to the District Health Inspectors to be on the alert for such suspected selling/cooking of such articles of food in the food premises.
MR. RONNIE WONG MAN-CHIU (in English):--Mr. Chairman, if restaurant operators are connected with selling protected animals, will they be further penalized by this Council?
DR. RONALD D. B. LEUNG (in English):—Mr. Chairman, as I have mentioned that the possession of the protected animals itself constitutes an offence under the Ordinance Cap. 187 and Cap. 170 and the enforcement authority would be the Agriculture and Fisheries Department. The spirit of these Ordinances which I think is to protect the endangered species by prohibiting, catching or killing them for food. Our Council and our Department is responsible only for food hygiene. As Mr. WONG may remember, possession of protected animals is not included in the demerit points system in the control of our food premises as conditions and terms for the issue of a licence. So the answer to Mr. WONG'S question is 'no'. We have no power to punish them in addition to the penalty imposed under other Ordinances.
ADJOURNMENT-3.45 p.m.
CHAIRMAN (in English):-That concludes the business of today's meeting. The Council stands adjourned until Tuesday, 11 December 1990 at 2.30 p.m.
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