TNAG-0874-FCO40-1084-Legislation-for-births--deaths-and-adoption-in-Hong-Kong-1979 — Page 35

A154

Ord. No. 53/79

PREVENTION OF CRUELTY TO ANIMALS

(AMENDMENT)

PREVENTION OF CRUELTY TO ANIMALS (AMENDMENT)

Ord. No. 53/79

A155

Short title.

Amendment of

section 2.

(Cap. 169.)

Amendment of section 3.

HONG KONG

No. 53 of 1979

I assent.

L.S.

JACK CATER. Acting Governor.

19th July, 1979.

An Ordinance to amend the Prevention of Cruelty to Animals Ordinance.

[20th July, 1979]

Enacted by the Governor of Hong Kong, with the advice and consent of the Legislative Council thereof.

1.

This Ordinance may be cited as the Prevention of Cruelty to Animals (Amendment) Ordinance 1979.

2. Section 2 of the principal Ordinance is amended-

(a) by deleting the definition of "animal" and substituting the

following-

"animal" includes any mammal, bird, reptile, amphibian, fish or any other vertebrate or invertebrate whether wild or tame;"; and

(b) by deleting the definition of "senior veterinary officer" and

substituting the following—

"senior veterinary officer" includes any veterinary officer authorized by the Director of Agriculture and Fisheries to perform the duties of a senior veterinary officer under this Ordinance;".

3. Section 3(1) of the principal Ordinance is amended by deleting "one thousand dollars" and substituting the following-

Amendment of section 4.

4.

"$5 000".

Section 4 of the principal Ordinance is amended-

(a) in subsection (1) by inserting after "Any senior veterinary officer,"

the following-

"any other officer of the Agriculture and Fisheries Depart- ment of the grade of Field Officer II and above and authorized in writing by the Director of Agriculture and Fisheries,";

(b) by inserting after subsection (1) the following-

(Cap. 232.)

“(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 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 shall apply."; and

(c) in subsection (4)—

5.

(i) by deleting "Any such officer or inspector" and substituting the following-

"Any senior veterinary officer, health officer, health inspector or police officer"; and

(ii) by inserting after "building" the following-

", vehicle, train, tram, aircraft".

Section 5 of the principal Ordinance is amended- (a) by inserting after subsection (2) the following-

**1911 c. 27.

s. 3.

(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."; and

(b) in subsection (4) by deleting "one thousand dollars" and sub-

stituting the following-

6.

"$5 000".

Section 6 of the principal Ordinance is amended-

(a) in paragraph (b) by deleting the comma at the end and substitut-

ing the following-

"; or"; and

(b) by inserting after paragraph (b) the following-

7.

"(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 where 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,”.

Section 8(1) of the principal Ordinance is amended- (a) by inserting after "vessel" the following-

", train, tram, aircraft";

(b) by deleting "five hundred dollars" and substituting the following-

"$2 000"; and

(c) by deleting "fifty dollars" and substituting the following-

“$200".

Amendment of section 5.

Amendment of section 6.

Amendment of section 8.