Two wild boars found caught in traps in a single day.

Incident 1

On 31 January 2021, a wild boar was found caught in an animal trap near a refuse station on Cheung Hang Road, Lai Chi Kok. A witness told the Police that she encountered two men beating the trapped squealing pig with an unidentified hard object. The witness then rushed to her home nearby and returned with her boyfriend to see the two attackers escaping with the help of a delivery van driven by a 3rd man.

The Police together with Officers from the Society for the Prevention of Cruelty to Animals (SPCA) jointly investigated the case. The wild boar was eventually found “beaten to death”, with its right frond limb tied with a wire trap. A trap component was found next to the body of the boar. The case has now been classified as “cruelty to animal” and is being handled by Detectives from the Sham Shui Po criminal investigation unit. As of yesterday (1 February 2021), it was reported that only 1 44-year-old male was arrested out of the three people involved in the incident.

Incident 2

On the same day, a cage was found on the hillside near Cheung Po Tsuen in Pat Heung. The 4m x 2.4m x 2m cage was suspected to be used for hunting wild boars. The carefully crafted and welded cage was estimated to have the capacity of catching 6-7 adult wild pigs.

A committee member of the “Hong Kong Wild Boar Concern Group” indicated that they received complaints on about 27 January 2021 that some villagers in Cheung Po Tsuen had constructed the cages to catch the boars for sale.

The Police arrested two men, aged 48 and 54, on suspicion of illegal hunting of wild animals. Welding machines and chainsaws were found in the suspects’ home upon home search. The two men were released on Police bail pending further investigation.

Commentary

Under section 7 of the Wild Animals Protection Ordinance (Cap. 170), it is an offence to hunt wild animals by any pitfall or any hunting appliance other than a hunting appliance approved by the Director of Agriculture, Fisheries and Conservation. Beside, cruelty to animals is also an offence under section 3 of the Prevention of Cruelty to Animals Ordinance (Cap. 169).

Despite being statutorily recognised offences, animal cruelty only carries with it a maximum penalty of a fine of HK$200,000 and imprisonment of 3 years, while illegal hunters are liable to a fine of HK$50,000. Recent cases have also shown that the ultimate sentence given to for animal cruelty cases are often much less than the maximum sentence. In Secretary for Justice v Iu Chi-yung [2008] 5 HKC 306, the accused was sentenced to 6 months of imprisonment for killing a barking deer with a club and a spade. Do these sentences imposed create any deterrence at all or should Courts impose sentences nearer to the statutory maximum under the respective Ordinances?

Courtesy of Felix Tsang

Main Sources: AppleDaily, SCMP

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