New amendments to Hong Kong law makes refusal to surrender pet a criminal offence.

The Prevention and Control of Disease Ordinance and Regulation (Cap 599 and 599A respectively), have been very recently amended 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.

In January 2022, samples hamsters collected by the Agriculture, Fisheries, and Conservation Department (AFCD) tested positive for COVID-19. Subsequently, owners of hamsters in the general public were advised to surrender hamsters bought from local pet shops in relation to 2 consignments that the government believed to have a high risk of carrying the virus. However, animal welfare groups and animal lovers stopped some members of the public from surrendering their hamsters in order to rescue them.

A question concerning the obstruction of members of the public from complying with the order of surrendering high risk animals arose in the Legislative Council on 6 April 2022.

In response the Secretary for Food and Health, Professor Sophia Chan, has condemned the action of obstructing people from surrendering their pets, citing health concerns. She confirmed the existing legislation under Cap. 599 and Cap 599A, which provides that if a health officer has reason to believe that an article (including an animal), is, or may have been, infected with a specified infectious disease, the health officer may order a disease control measure to be carried out in respect of the article or destroy the article. Obstructing, or assisting to obstruct a health officer from performing their function is a criminal offence and offenders are liable on conviction to a fine of HK$5,000 and to imprisonment for 2 months.

The recent amendments which came into effect on 31 March 2022 provides clear regulations requiring the owner of an article (including an animal) to surrender the article upon a health officer’s direction. The maximum penalty for non-compliance is HK$10,000 and imprisonment of 6 months upon conviction (see section 3 and section 7 of Cap. 599).

The implications are that that member of public and animal welfare groups may face more serious penalties if they are found to obstruct or not comply with the directions of health officers in relation to the seizure of pets.