Bool Smuts v Herman Botha [2022] ZASCA 3
South African animal rights activist Bool Smuts recently won an important appeal case before the Supreme Court of Appeal . The judgment contains a significant restatement of animal rights as recognised in South African law, and re-affirms the right of freedom of speech for activists.
In finding for Bool Smuts, the Court of Appeal held that issue related to the ethics, cruelty and vile treatment of the animals. Apart from the unlawfulness, the public had the right to know about the activities of [Botha’s] business that directly impact animals. Furthermore, the Court of Appeal held: -
“It is axiomatic that animals are worthy of protection not because of the reflection that this casts on human values but because, as Appeal Judge Cameron has previously held, ‘animals are sentient beings that are capable of suffering and experiencing pain’ and unfortunately ‘humans are capable of inflicting suffering on animals and causing them pain”
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Tell Me More: Art, Artists & Animals.
Artists who Love Animals & Nature (A.L.A.N) is a non-profit platform created to gather creatives who want to use their skills to help raise awareness to animal, conservation and environmental issue, with the aim to drive social change. A.L.A.N brings like minded talents to collaborate for a common goal.
The most recent project A.L.A.N has been working on, has been in response to the recent wild boar/human interactions. Dubbed “Live With Boars”, A.LA.N has brought together talented local artists and NGO’s together and created instagram filters and animated stickers on WhatsApp, which not only raise greater awareness as to certain characteristics of wild boars, but also is a valuable opportunity to open dialogue on how to achieve a peaceful co-existence between animal and humans.
In this instalment of Tell Me More, HKALPO interviews the co-founders of a cross-discipline design & technology studio, who continue to create digital, experimental and living art, not only as a way of raising greater awareness of the challenges that face both humans and animals, but also to educate the public, so we do not make the same mistakes again: -
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Tell Me More: Understanding Ungulate Welfare
Feral cattle and buffalo that roam Hong Kong are remnants of the city’s agricultural industry. It is generally agreed that these ungulates were employed as drought animals in the 1970s and abandoned when they were no longer needed, and the population survived and continued to reproduce. While there are conflicting general public views towards these animals, there is little data collected about them.
In this instalment of Tell Me More, HKALPO interviews two leading researchers who are making incredible inroads with their animal welfare and health research, including on the topic of feral cattle and buffalo:-
Dr. Alan McElligott: Associate Professor of Animal Behaviour and Welfare at the Jockey Club College of Veterinary Medicine and Life Sciences, City University of Hong Kong
Dr. Kate Flay: Assistant Professor in Production Animal Health
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Tell Me More: Imagining a Natural History Museum for Hong Kong
Although the Hong Kong Museum of History has a section dedicated to natural history, a standalone dedicated natural history museum for Hong Kong would collect current and historical records of animals, plants, geology, and more.
In this instalment of Tell Me More, HKALPO interviews:
Dr. Goldman shares her thoughts on why establishing a natural history museum would be advantageous for Hong Kong, drawing on her experiences as the Chief Mammals Preparator at the Field Museum in Chicago, IL.
Courtesy of Audrey O’Young
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Tell Me More: Wildlife Crime is Organised and Serious
On 18th August 2021, the Hong Kong Legislative Council voted in favour of a Members Bill to include wildlife crime offences into the Organised and Serious Crimes Ordinance (Cap. 455) (“OSCO”). As a known hub for wildlife trade, Hong Kong was in desperate need of stronger legal measures - both investigatory and punitive - to play its part in combating global wildlife trade. But just as Rome was not built in a day, the amendment to OSCO took many years and the collaborative efforts of many different people.
In this instalment of Tell Me More, HKALPO interviews two of the many contributors to this legislative feat:
Amanda S. Whitfort - a practicing barrister and Associate Professor of Law at the University of Hong Kong. Amanda is also a project advisor for HKALPO;
ADM Capital Foundation - a philanthropic foundation contributing to climate action and biodiversity protection.
Courtesy of Audrey O’Young
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Tell Me More: Finding Furever Homes
Stray cats and dogs are not an uncommon sight in Hong Kong; the Agriculture, Fisheries and Conservation Department (AFCD) alone caught 1,395 stray animals between January to September 2020. In addition to stray animals, many are given up by their owners. While the pandemic brought about an increase in animal adoptions, more animals were abandoned due to COVID-19, owners leaving Hong Kong, or financial struggles.
In this instalment of Tell Me More, HKALPO interviews the founders of four organisations in Hong Kong which facilitate the rescue, rehabilitation and rehoming of animals. Our interviewees include:
Sally Andersen - the founder of Hong Kong Dog Rescue (HKDR);
Emily Pereira - the founder of Hong Kong Cats;
Sheila McClelland - the founder of LAP (Lifelong Animal Protection Charity); and
Shirley Tong - chairman and founder of Hong Kong Rabbit Society (HKRS).
Courtesy of HKALPO
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A Brief History of Animal Welfare Law in Hong Kong.
Why Animal Welfare Law? While it is a valid question - it is one that is also easily answered. Humans have countless interactions with non-human animals. The types of human-animal relationships are multifarious, and therefore the regulation and control of such relationships - animal law - should concern us all.
Many of us in Hong Kong are concerned about the protection of animals, and continue to advocate for and support legislative changes to existing law that will hopefully strengthen and secure better animal welfare in Hong Kong.
Aaron Tong looks into the brief history of animal welfare law in Hong Kong, showing us the genesis of animal protection legislation, how the laws have evolved over time, with a comparison of the current laws with other common law jurisdictions.
As the trend for animal advocacy continues to grow internationally, will we see Hong Kong following suit? Or will animal welfare legislation continue to fall behind the rest of the world.
Courtesy of Aaron Tong.
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Stop Wildlife Traffickers Using Our City
This Wednesday is a big day for Hong Kong.
Lawmakers will be meeting to vote on a bill that could finally see wildlife crimes elevated and treated as the organised and serious crimes that they are. This is a major development in the global campaign to #ENDWILDLIFECRIME.
Join your voice with thousands of others, SIGN THE PETITION and help make change happen. If you could please share this post and our petition to your page and/or story it would be greatly appreciate and would contribute to ending wildlife crime
SIGN THE PETITION HERE.
Courtesy of HKALPO
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Tell Me More: Founding HKALPO
HKALPO was launched in March 2020 with the aim of bringing together members of the community who have a shared passion for animals, to work together to improve their welfare and lives. It sought to achieve this by advocating for their interests through the legal system by securing more thorough and protective laws and better enforcement of existing animal welfare law.
Since then, members of HKALPO have helped published over 150 animal related news and blog articles, which has helped attract animal law and welfare experts from all around the word to become part of HKALPO.
In this instalment of Tell Me More, we interview founder and barrister Kim J McCoy, asking him why he started HKALPO, what he hopes to achieve in the future and why we should care about animal law.
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Tell Me More: Under The Ocean
World Ocean Day is an annual event that aims to promote conservation of our oceans, including its diverse marine life. World Ocean Day was on Tuesday 8 June this year. Over 70% of the Earth’s surface is covered by oceans and seas. It is one of the most important foundations to our planet: affecting and regulating the climate, containing diverse marine ecosystems with significant impacts on the environment, being a significant resource for trade and finances (e.g. fishing, shipping), and more. The ocean is facing significant threat as a result of human activity.
The history of Hong Kong is deeply connected to the sea, beginning as a fishing village, and “becoming Asia’s second-highest per-capita seafood consumers.” Despite the perception of Hong Kong as an urban jungle, Hong Kong ‘harbours more than 25% of all marine diversity recorded in China, even though it only accounts for about 0.03% of its marine coastline.’
In this instalment of Tell Me More, HKALPO interviews two experts to understand what actions can be, and are being taken to conserve our marine life. Our experts focus on coral and sharks respectively, and they are:
Courtesy of Audrey O’Young
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Will The Fur Trade Soon Be Finished Forever?
Each year, around one hundred million animals are bred and killed on intensive fur farms specifically to supply the fashion industry. Animals bred for their fur such as foxes, rabbits, raccoon, dogs and mink are confined in small, barren, wire cages for their entire lives.
However, many leading fashion houses are now moving away from using real fur for fears that their brands will look outdated and out of touch, paving for a sustainable move forward for fashion. Will this mean the end of fur forever?
Courtesy of Amelia Wang.
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Tell Me More: Why There Is No Mercy In Release.
Mercy release is a practice often associated in Hong Kong with Buddha’s Birthday and seen to be an act of compassion and believed to bring good karma and fortune. Despite routed in good intentions, there are various issues associated with the practice, including animal welfare, ecological and public health.
In the first instalment of our “Tell Me More” interview series, HKALPO spoke to: -
Dr. Caroline Dingle, Senior Lecturer in the School of Biological Sciences at HKU;
Dr. Yik Hei Sung, Assistant Professor in the Science Unit at Lingnan University; and
Mr. Paul Crow, Senior Conservation Officer in the Fauna Conservation Department at Kadoorie Farm & Botanic Garden.
about the various problems and challenges associated with mercy release and why the practice needs to stop.
Courtesy of Audrey O’Young.
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Using Digital Forensics Technology to Combat Illegal Wildlife Trade.
Thai Law enforcement agencies were able to successfully stop a case of illegal smuggling of rhino horns into Thailand using digital intelligence technology. Investigators were able to trace one of the smugglers flying into Suvarnabhumi Airport via their cellphone, which then led them to finding an active member of the Hydra Syndicate - involved in the smuggling of elephant ivory, rhino horn and tiger parts to dealers in China and Vietnam.
Courtesy of Nicole Liang.
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Earth Day 2021 - Restore Our Earth.
Today marks the 51st anniversary of Earth Day, with this year’s theme being ‘Restore Our Earth’. This theme challenges us all to focus on natural processes, emerging green technologies and innovative thinking, in order to restore the world’s ecosystem.
We have authored this blog piece to focus on five distinct issues that need to be seriously addressed if we are to make our planet greener and healthier for generations to come. As responsible citizens of earth, we must continue to make informed choices in our habits and lives.
A healthy planet is not an option - it is a necessity.
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Reflections on Livestock Export and Trade by Sea.
When the stricken container ship Ever-Given became stuck in the Suez Canal, it caused more than 200 ships to be unable to pass and forced to divert around southern Africa’s Cape of Good Hope. However, at least 20 of the boats delayed were carrying livestock, which raised significant concerns about the welfare of animals had the logjam become protracted. Thousands of cattle have already been slaughtered this year because of delays at sea, arriving at ports severely malnourished after spending months in substandard conditions.
Courtesy of Audrey O’Young.
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HKALPO x Shooting It RAW Podcast
Kim J McCoy, Barrister, Animal-Welfare Advocate and Founder of HKALPO Gets Delightfully Bent About Animal Welfare Laws in Hong Kong and Beyond on the Season 1 Finale of Shooting it RAW.
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The Mystery of the Bowen Road Dog Poisoner.
For almost 50 years, an unknown person or persons have deliberately and indiscriminately poisoned and killed animals, including many dogs. The perpetrators are unknown but the emotional toll has been recorded in the heart-breaking interviews with those who loved the canine victims
Read more about one of Hong Kong’s most famous murder mysteries, the laws relating to poisons and injurious substances and suggested amendments to the current law in order to better protect animals in Hong Kong.
Courtesy of Sala Sihombing and Karine Goyneau.
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The Increase in Online Wildlife Trafficking.
Illegal wildlife trade continues to worryingly gain traction on the internet. A large number of websites and various social media platforms have become avenues where wildlife goods are offered, often with suspect origins. Not only is the breadth of online platforms concerning, but so too the wide range of species and items openly advertised and readily available for purchase at the click of a button.
The methods needed to monitor, regulate and combat illegal wildlife trade online are vastly different from those employed to deal with “traditional” wildlife trafficking, and there are different challenges in terms of tools and capacity.
Learn more about how social media platforms such as Facebook and Instagram are, despite their pledge to remove illegal wildlife content, actually accelerating trafficking, as well as the emergence of groups dedicated to exposing illegal wildlife trade on social media.
Courtesy of Audrey O’Young.
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Case Summary: HKSAR v Shao Rong Qiang (CACC79 of 2020)
HKSAR v Shao Rong Qiang (unrep. CACC 79/2020, 18 December 2020).
The Hong Kong Court of Appeal recently heard an appeal against sentence for the importation of Appendix II species contrary to sections 11(1) and (3) of the Protection of Endangered Species of Animals and Plants Ordinance, Cap 586. The appellant had imported 224 Saiga antelope horns weighing 49.9kg and had an estimated market price between HK$719,000 to HK$1,188,000
The appellant was sentenced by the District Court Judge to 20 months’ imprisonment, having adopted a starting point of 30 months’ imprisonment. He appealed against the sentence on the grounds that the sentence imposed was manifestly excessive.
Find out more about how the Court of Appeal dealt with the appellant’s sentence appeal; the stance the Court took in respect of endangered species and sentencing factors to be considered when sentencing offenders under Cap 586. Moreover, learn more about the Saiga Antelope and read our commentary on Cap 586 and what should be done in order to deter wildlife traffickers from using Hong Kong as a haven for trading illegal wildlife.
Courtesy of Kelly Ma.
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Case Analysis: Borwick Development Solutions Ltd v Clear Water Fisheries Ltd.
This case arose from a sale by receivers of a commercial fishery in Lancashire which belonged to the Respondents. The fishery included nine gravel lakes which stocks of fish were kept for angling. The sale documentation did not make express reference to the fish stocks. The Respondent claimed that it retained ‘ownership’ of the fish and brought a conversion claim.
The case required the Court of Appeal to analyse the nature and extent of the proprietary rights in the live fish. The Court noted that the point before it had never had to be decided in a reported case, and the judgments include a detailed consideration of authorities from England, Ireland, Canada and the US, principles of Roman Law and the commentaries of Bracton, Grotius and Blackstone.
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