Page 267 of 485
Page 267 of 485
Page 267 of 485
242
HONG KONG URBAN COUNCIL
(d) Does the legislation for charging such offenders have enough deterrent effects? Since illegally bred pets, which are likely to be germ-carriers, constitute a threat to public health, has the Department considered the need for heavier penalty?
MR. IP Kwok-Chung, Chairman of the Markets and Street Traders Select Committee, replied as follows (in Cantonese): This is a four-part question concerning whether there are illegal hawkers selling illegally bred pets in busy districts and whether or not there are public health risks caused by such sales.
The first part asks if the Department has investigated whether such pets bred by illegal breeding farms without supervision are more prone to be infected with germs. This question falls within the jurisdiction of the Agriculture and Fisheries Department (AFD) which, upon consultation by the Department, has advised that dogs and cats sold by illegal hawkers and bred at illegal breeding farms might pose health and other welfare problems due to the possible poor husbandry and hygiene practiced at such establishments. On the other hand, AFD considers that the potential public health risk involved during exposure of such animals for sale is slight because any contractible diseases could only be transmitted through direct and close contact such as by eating animal faeces.
The second part asks whether the Department has any statistics on such illegal hawkers and whether the problem is serious. In the past 3 months, the Department has arrested seven such illegal hawkers and seized 4 batches of pets including 10 dogs and 2 cats. The AFD, up to this moment, under the Animal Trader Regulations of the Public Health (Animals and Birds) Ordinance, Cap 139, have taken out 26 prosecutions for sale of pets without a licence. The scale of this hawking problem does not appear to be large and only a few hawkers have been detected trading in this way, mainly in the Mong Kok District.
The third part of the question asks how the Department handles the cases of such pets being seized during enforcement actions. All such animals seized during hawker raids are handed over to the AFD for detention at the Government Kennel. Upon conviction in Court, the animals are usually forfeited and thereafter humanely destroyed.
The fourth part asks whether the legislation for charging such offenders has enough deterrent effect and whether the Department has considered the need for heavier penalties for such illegal activities. Under the Animal Trader Regulations of the Public Health (Animals and Birds) Ordinance, Cap 139, the hawking of animals is prohibited on the streets. The regulations are enforced by staff of the AFD. The current maximum fine on conviction is $2,000, but the AFD has proposed to raise the maximum fine to $25,000 in order to enhance deterrent effect.
A
of 185
Page 267 of 485
Page 267 of 485
Page 267 of 485
242
HONG KONG URBAN COUNCIL
(d) Does the legislation for charging such offenders have enough deterrent effects? Since illegally bred pets, which are likely to be germ-carriers, constitute a threat to public health, has the Department considered the need for heavier penalty?
MR. IP Kwok-Chung, Chairman of the Markets and Street TradeRS Select CommiTTEE, replied as follows (in Cantonese):-This is a four-part question concerning whether there are illegal hawkers selling illegally bred pets in busy district and whether or not there are public health risks caused by such sales.
The first part asks if the Department has investigated whether such pets bred by illegal breeding farms without supervision are more prone to be infected with germs. This question falls within the jurisdiction of the Agriculture and Fisheries Department (AFD) which, upon consultation by the Department, has advised that dogs and catssold by illegal hawkers and bred at illegal breeding farms might pose health and other welfare problems due to the possible poor husbandry and hygiene practiced at such establishments. On the other hand, AFD considers that the potential public health risk involved during exposure of such animals for sale is slight because any contractible diseases could only be transmitted through direct and close contact such as by eating animal facces.
The second part asks whether the Department has any statistics on such illegal hawkers and whether the problem is serious. In the past 3 months, the Department has arrested seven such illegal hawkers and seized 4 batches of pets including 10 dogs and 2 cats. The AFD up to this moment under the Animal Trader Regulations of the Public Health (Animal and Birds) Ordinance, Cap 139, have taken out 26 prosecutions for sale of pets without a licence. The scale of this hawking problem does not appear to be large and only a few hawkers have been detected trading in this way, mainly in the Mong Kok District.
The third part of the question asks how the Department handles the cases of such pets being seized during enforcement actions. All such animals seized during hawker raids are handed over to the AFD for detention at the Government Kennel. Upon conviction in Court, the animals are usually forfeited and thereafter humanely destroyed.
The fourth part asks whether the legislation for charging such offenders has enough deterrent effect and the Department has considered the need for heavier penalties for such illegal activities. Under the Animal Trader Regulations of the Public Health (Animals and Birds) Ordinance, Cap 139, the hawking of animals is prohibited on the streets. The regulations are enforced by staff of the AFD. The current maximum fine on conviction is $2,000 but the AFD has proposed to raise the maximum fine to $25,000 in order to enhance deterrent effect.
A
of 185
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