FAQ’S - Amendment to Cap 599 & 599A
As quickly as the coronavirus introduced itself to tHong Kong, the Government, in its efforts to “fight the virus”, has amended the Prevention and Control of Disease Ordinance (Cap 599) and its Regulations (Cap 599A) to now make the refusal, obstruction or failure to surrender a pet that a health officer reasonably believes has been infected with a specific disease, a criminal offence which is punishable on conviction by a fine and a term of imprisonment.
The new amendments have come as a shock to pet owners in Hong Kong who have been subjected to continuous persecution from the Hong Kong Government. This has not only caused pet owners to fear for the safety of their animals should they contract Covid-19, but also a sense of confusion as to what the new amendments actually mean.
In order to bring a sense of clarity to owners of animals here in Hong Kong, we have answered some of the frequently asked questions we have received in relation to these amendments.
FAQ
1. What is the legal status of my pet?
In Hong Kong, animals are considered the subject of absolute property. So your pet is your property. Unfortunately, the law as it stands fails to take into account the intrinsic value of an animal, which is more than the face value that the law currently prescribes them. Although the percentage of households in Hong Kong with companion animals is relatively low in comparison with other countries, the majority of those that do own pets treat them as an integral part of their family dynamic
2. What is the purpose of the Prevention of Control of Disease Ordinance & Regulation?
We have all seen the worldwide devastation that Covid-19 has created.
The Prevention of Control of Disease Ordinance & Regulations are a way for the Hong Kong Government to ensure that the risk of disease (including Covid-19) spreading and transmitting among humans is minimised. In doing so, relevant measures of the International Health Regulations promulgated by the World Health Organisation are also applied where relevant.
3. The law states that a health officer may seize any article - does my pet fall under that definition?
Yes. Under the Prevention of Control of Disease Ordinance, article (物品) includes—
(a) an animal;
(b) a plant; and
(c)any other thing or substance (including, but not limited to, conveyances and any kind of movable property),
and, to avoid doubt, includes mail of any kind;
4. On what basis can a health officer take away my pet?
Under section 3 of Cap 599, any seizure requires written approval from the Director of Health. That requires there to be an objective reason to believe that the animal in question is an infectious agent or contains an infectious agent (carries Covid-19). For individual pets, this objective belief would be an extremely high threshold for a health officer to meet and seek clearance from the Director to sign off on.
Under section 24 Cap 599A, if a health officer has “reason to believe” that an article is infected, he may, by order in writing, place the article under isolation. This includes the power to send the article to any place for the purpose of isolation. A health officer also has the power to direct the owner, or the person in control or possession of an article, to surrender it.
There is some inconsistency between the two provisions given the Ordinance requires written approval from the Director of Health, whereas the Regulations only require a health officer’s belief. Given that the Ordinance is the primary legislation, it is likely that any seizure/surrender power exercised by a health officer will also need written approval from the Director of Health.
5. What does “reason to believe” actually mean?
“Reason to believe” although not defined, must mean a genuine and bona fide objective belief.
This would necessarily mean a reasonable belief based on scientific expert evidence and substantiated with empirical data - rather than a subjective point of view. So the reason for seizure or surrender of your pet, given by any health officer must be based on objective evidence, rather than their own points of view or considerations.
Therefore it is important to learn and understand the basis for a health officer’s belief and how it is they came to such a conclusion in respect of your pet. Without such disclosure, it would be extremely difficult for them to validly justify the belief they purport to have.
6. If I have not tested positive for Covid-19, does a health officer have any right to take my pet away?
A health officer has to have a “reason to believe” that your pet is or contains an infectious agent (Covid-19). If you have not tested positive for Covid-19, and your pet spends the majority of its time indoors, there is an almost zero chance that your pet is or would contain an infectious agent. Therefore it would be incredibly difficult for a health officer to justify the seizure of your pet.
7. Can they order the killing of my pet?
Yes - there is power under section 41 of Cap 599A.
If a health officer has “reason to believe” that an article is or may have been infected with a specified infectious disease, the health officer may:-
(a) order a disease control measure to be carried out in respect of the article; or
(b) destroy the article.
But again, the threshold is a “reason to believe” and as explained above, it is one that is very high and onerous on a health officer.
8. What if I refuse to give up my pet? What will happen to me?
As of 31 March 2022: -
Under Cap 599: Obstructing, or assisting to obstruct a health officer in the exercise of a power or performance of a function is a criminal offence and offenders are liable on conviction to a fine of $5,000 and to imprisonment for two months.
Under Cap 599A: Non compliance is an offence which attracts a penalty of a $10,000 fine and imprisonment for six months on conviction.
9. If a health officer does take away my pet, what will happen to them?
If your pet is a mammalian species, it will be delivered to the designated animal keeping facilities of the Agriculture, Fisheries and Conservation Department (AFCD) for quarantine and veterinary surveillance for 14 days as a precautionary measure. Samples will be collected for testing of Covid-19 virus as appropriate. Your pet will be returned to you upon the satisfactory results of veterinary surveillance and relevant testing.
If your pet is a non-mammalian species that needs to be taken care of while you are away, you can arrange it to be looked after by a reliable friend or family member. AFCD can provide temporary care service for your pet at one of our Animal Management Centres if necessary.
10. What can we do to challenge this law?
There are legal routes that can be considered to challenge the law, but there are significant hurdles that need to be satisfied in order to even begin the process. It can also be quite an expensive exercise.
11. What should pet owners do in light of these developments?
It is extremely important to understand what it is a health officer is able to do, and on what basis. Therefore keeping yourself up to date with any developments or analysis of the amendments will allow you to make informed decisions.
Share credible information so that other pet owners are armed with similar knowledge to also make informed decisions.
Do not abandon your pets at any cost! Our animals rely on our love and support and we must continue to provide them with this through these difficult times.
Check in with family and friends and make contingency plans. This will hopefully alleviate any stress you may experience by knowing that there are people who know your pets well who can step in and take care of them. Be sure to also make a list of emergency contacts and details related to your pets, including veterinary hospitals, insurance, dietary requirements, medication, so that their welfare is maintained.
Remember that the risk of pet-to-human Covid-19 transmissions in general is negligible and humans, if infected, are more of a risk to them. Animals who test positive are likely to have caught it from their owners and do not play any role in onward transmission.
