Project 2
STRENGTHENING THE ANIMAL (CONTROL OF EXPERIMENTS) ORDINANCE, CAP 340.
The current Animal (Control of Experiments) Ordinance, Cap 340, was enacted to provide for the control of experiments on living vertebrate animals. However, it is completely out of date and does not properly provide sufficient protections to laboratory animals. There needs to be better controls on those experimenting with animals in Hong Kong.
The HKALPO is committed to enhancing and strengthening of this Ordinance, through widening of the definition of “experiment”, increase of stringency required before a licence or permit is granted and better controls imposed on those performing experiments.
The current law in Hong Kong is that no person except a licensee is permitted to perform any experiment. Terms and conditions are also attached to the licence to which the licensee must adhere too, failure of which is an offence under the Ordinance. The current penalty for contravention of which is a summary conviction to a fine of $1,000 and to imprisonment for six months.
The current definition of “experiment” under Cap 340 means “any experiment performed on an animal and calculated to give pain”. However, on a strict interpretation of this definition, it would meant that experiments performed on an animal which either was not calculated to give pain, or that pain was an unfortunate side effect of the experiment would not fall under such definition, and as such do not require those carrying out experiments to obtain a licence before doing so.